Personal Injury Attorney

January 7, 2019

Sex Abuse Investigation Launched after Arizona Woman in Permanent Vegetative State Gives Birth

by Whittel & Melton, LLC

A sex abuse investigation is underway in Phoenix after a woman in a vegetative state in a healthcare facility for 10 years gave birth.

Staff at the facility had been giving round the clock care to the female patient, according to AZ Family.

She gave birth on December 29 after apparently being raped at the facility some months earlier.

A source added that: ‘None of the staff were aware that she was pregnant until she was pretty much giving birth.’

Reports indicated that confused staff heard the woman moaning before she gave birth to the child.

Her vegetative state is a result of an incident in which she nearly drowned ten years ago.

As a result of the incident, male staff members wanting to enter the room of a female patient must be accompanied by a female staff member.

The facility issued a statement to AZ Family and said it has been in business in the valley for over 50 years and ‘has an outstanding reputation providing high quality specialized care for our patients’.

We trust that health care providers will look after not only our own welfare, but that of our children and loved ones. We expect them to be places of care, rather than abuse. Sadly, sexual predators are everywhere and prey on vulnerable people seeking medical attention.

Our Florida Sexual Abuse Injury Attorneys at Whittel & Melton routinely represent victims that are sexually abused in nursing homes, hospitals, doctor’s offices, and other health care facilities. Health care facilities are rampant with sexual abuse. It is the facilities’ job to prevent sexual assault and abuse from happening. State law also dictates how these facilities are supposed to supervise patients, such as regular bed checks. As this case shows, these guidelines are often violated.

If you or someone you know has suffered sexual abuse at the hands of a healthcare provider, please let us help you file a claim against the at-fault party. We can help you obtain a sense of justice, and most importantly, ensure that those at fault pay for their crimes.

January 7, 2019

Nursing Home where 12 Died after Hurricane Irma has License Revoked

by Whittel & Melton, LLC

Florida has revoked the license of a nursing home where 12 elderly patients died in the heat after it lost power during a 2017 hurricane.

The Agency for Health Care Administration issued its order Friday, saying an administrative law judge correctly concluded the Rehabilitation Center at Hollywood Hills “created an unsafe environment” in September 2017 after Hurricane Irma knocked out its air conditioning.

Patients began dying three days after the storm passed. Investigators believe the center did not evacuate patients as temperatures inside rose, even though a fully functional hospital was across the street. The home’s license was suspended days after the storm and it closed.

Police have been investigating the deaths, but no charges have been filed.

Nursing homes have a legal obligation to make sure their patients are properly cared for, even in the midst of a hurricane. When the facility and staff are not prepared, residents can suffer serious personal injuries and even wrongful death. For those who suffer injuries in a nursing home, or families who have lost loved ones in a nursing home, our Florida Nursing Home Negligence Attorneys at Whittel & Melton can investigate if the nursing home is liable for any wrongful actions.

We proudly help injured nursing home residents, and surviving family members, recover financial compensation to cover medical expenses, therapy, rehabilitative care, as well as wrongful death expenses. We start with looking into nursing home policies and practices to determine if negligence caused a resident to suffer harm. From there, we can help your pursue a personal injury or wrongful death claim.

January 4, 2019

Woman Killed in Wrong-Way Crash in Summerfield

by Whittel & Melton, LLC

A head-on collision killed a woman and seriously injured a man on South U.S. 301 in Summerfield Thursday night.

According to a witness, a 2011 BMW 5 series driven by a 34-year-old was in the wrong lane on U.S. 301 at Southeast 132nd Street Road and collided with a 47-year-old driving a 2003 Honda Civic.

Marion County Fire Rescue and arrived at the scene at 10:30 p.m. The driver of the Honda Civic was pronounced dead at 10:22 p.m., according to reports.

The BMW driver was taken by ambulance to Ocala Regional Medical Center.

According to FHP, the BMW was stopped in the outside northbound lane of U.S 301 facing south. The Honda was just south of the intersection, traveling north in the inside lane.

Troopers said the BMW proceeded south in the northbound lanes and the Honda took evasive action by swerving to the left into the outside left turn lane, but the two cars collided head-on.

There are no updates at this time if alcohol was a factor and if charges will be filed.

Wrong-way driving occurs when a motorist drives against the direction of traffic. The most common result of this error is a serious head-on collision. Wrong-way driving accidents can happen at any speed on any street, highway, or road. According to the National Highway Traffic Safety Administration (NHTSA), around 350 people are killed every year nationwide in wrong-way highway accidents.

Serious injuries can result from wrong-way accidents, such as traumatic brain injuries, spinal cord injuries, broken bones, lacerations, and even death. These injuries can be costly to treat, which is why Florida law allows you to recover financial damages through a personal injury or wrongful death claim. These damages may include medical costs, rehabilitation expenses, pain and suffering, lost wages, costs of future medical care, loss of earning capacity, property damage, and all other losses resulting from the accident.

January 3, 2019

Water Fountains Believed to be Reason Passengers Fell Ill on Frontier Flight from Cleveland to Tampa

by Whittel & Melton, LLC

Officials say at least six passengers fell ill on a Frontier Airlines flight from Cleveland to Tampa.

According to reports, the passengers who traveled on Tampa-bound Frontier Airlines Flight 1397 on Tuesday fell ill after leaving Cleveland Hopkins International Airport.

The passengers are being held for observation. The sick passengers on board the flight to Tampa International Airport were not traveling together.

The passengers were said to be vomiting by the time the plane landed, according to reports.

Several water fountains were shut down at Cleveland Hopkins International Airport after the passengers became sick, according to reports. Airport officials could not confirm that was the cause of the sicknesses.

The remaining passengers were kept on the plane for about an hour after it landed.

Not all airplane injuries involve crashes. There are many incidents that can lead to passengers being harmed, including:

Airline food poisoning
Slip-and-fall accidents and trip-and-fall accidents
Overhead bin discharge injuries
Service cart collision injuries
Coffee spill and hot liquid spill injuries
Food allergy injuries
Broken seat injuries
Turbulence injuries
Hard landing injuries
Assault and sexual assault
Delayed medical treatment

Food poisoning and/or water contamination are types of injuries that are often misunderstood. Many people assume that the only result from such an incident is temporary gastrointestinal illness, such as vomiting or diarrhea. However, that’s not always true. You can get very sick from eating tainted food or drinking contaminated water, and you could end up kidney failure, septic blood poisoning, brain damage, and in some cases even death.

According to the Centers for Disease Control and Prevention (CDC), 128,000 people are hospitalized with food poisoning every year, and 3,000 more will actually die of foodborne diseases.

If you or a loved one has suffered from food poisoning or water contamination on an airplane, your first step should be to seek medical attention. Following that, you should speak to a Florida Injury Attorney at Whittel & Melton. We know how to obtain full and fair financial compensation for victims of food poisoning, including medical expenses and lost wages.

January 2, 2019

Toddler Injured After Falling into Rhino Exhibit at Melbourne Zoo

by Whittel & Melton, LLC

A 2-year-old girl has been injured after falling into the rhinoceros exhibit at the Brevard Zoo in Melbourne.

Brevard County Fire Rescue officials said the girl was taken to an Orlando hospital for treatment Tuesday afternoon. Her mother was also taken to a hospital for treatment.

The zoo’s executive director said they don’t believe the rhino’s horn touched the child. The extent of the child’s injuries is not clear.

She fell through the steel poles that separate guests from rhinos during a hands-on experience.

The zoo has offered the hands-on experience daily since 2009 without any incidents prior to Tuesday.

Zoos go to great lengths to protect both animals and visitors by making sure exhibits are enclosed properly and cages are adequately maintained. Our Florida Injury Attorneys at Whittel & Melton strongly urge parents and caretakers to closely observe children during every aspect of a zoo visit as defects can occur at any time, which can result in an animal or child coming into contact with one another and a serious injury occurring.

In Florida, premises liability laws allow injury victims to hold a property owner responsible for injuries that occur due to defects on the property. If the owners of the zoo knew, or reasonably should have known, about a hazard on the property, such as a cracked sidewalk, dangerous zoo ride, or unsafe animal enclosure, but did not take the necessary steps to repair it, the zoo could be liable for visitor injuries.

December 31, 2018

Negligent Security Can Lead to Sexual Attacks :: Orlando Tenant Suing Property Owner For Negligence After Sexual Assault

by Whittel & Melton, LLC

A tenant is suing an Orlando apartment complex owner, alleging negligent infliction of emotional distress on the plaintiff due to a sexual assault.

The woman filed a complaint Dec. 6 in Orange County Circuit Court against the owners of an apartment complex, alleging the property controllers negligently failed to maintain a safe environment for its tenants.

According to the complaint, on May 31, 2017, the woman was legally in her apartment unit in Orlando when when an unknown man opened a damaged/broken sliding glass door while she was sleeping. The suit says the woman was attacked and sexually assaulted, leading to severe physical and mental trauma, plus continuing medical expenses.

The woman says the property owners failed to repair a damaged/broken glass sliding door despite numerous complaints and failed to install adequate security cameras.

There are terrible incidents of sexual assaults, muggings and other violent crimes that happen in apartments and other public places. Sadly, many of these incidents occur because of inadequate or negligent security. The law requires property owners to take the necessary steps to ensure a safe environment for anyone who is on the property. This includes hiring security, placing security cameras, installing locks, repairing broken/damaged property conditions, and more. A property owner has a legal obligation to protect people against known dangers.

Many victims of violent crimes suffer emotional and mental injuries that far outlive their physical injuries. Victims may suffer from significant depression and post traumatic stress disorders that leave them unable to resume their daily routines and activities for extended periods of time. Because of this, it is imperative that any person who was the victim of a violent attack due to a property owner’s negligence gets the legal help they need before the statute of limitations expires.

December 27, 2018

Florida Casino Shuttle Boat Fire Blamed on Poor Maintenance

by Whittel & Melton, LLC

Investigators believe a casino shuttle boat fire that killed one woman and injured 14 other people off Florida’s Gulf Coast was caused by poor maintenance and the captain’s failure to shut down the engine sooner.

The National Transportation Safety Board released a report this month outlining the factors that led to a 42-year-old woman’s death and the destruction of the $450,000 boat. According to authorities, about 50 passengers jumped into the chilly waters off Port Richey in January when the Island Lady caught fire. It was heading to a Tropical Breeze casino boat in the Gulf of Mexico, where gambling is legal.

Problems outlined in the NTSB report include lack of company guidance regarding engine high-temperature alarms, lack of fire detection in unmanned spaces, insufficient preventive maintenance and insufficient crew training.

When you are harmed in a boating accident, you are suddenly left to endure injuries, medical bills and lost wages. When a fun excursion on the water results in serious injury or a wrongful death, our Florida Maritime Attorneys at Whittel & Melton can provide you with quality legal representation.

Maritime laws apply to boating accidents that occur at sea or on lakes or rivers. Maritime law is quite different from the law that applies to auto accidents or other accidents that occur on land.

The owners and operators of boats have a duty to warn passengers of dangers and to operate their boats properly. We represent clients who have been injured while on vacation or enjoying a day on the water in:

Cruise ships
Shuttle boats
Yachts
Deep sea fishing boats
Jet Skis and other personal watercrafts
Charter boats
Sail boats

December 18, 2018

Beware: Phishing Scam Targeting Netflix Users

by Whittel & Melton, LLC

The video streaming company Netflix has been targeted in a fraudulent email that asks customers to update their account billing information. Police nationwide are warning residents of the phishing scam, which claims Netflix is “having some trouble” with the customer’s current billing information and that the customer’s account is “on hold.”

It includes an “update your account now” button that takes users to the fraudulent site.

“Yikes! That definitely didn’t come from us,” the company said in a tweet after a user sent a screenshot of an email received as part of the scam. “Any communications you get via email from Netflix will come from info@mailer.netflix.com.”

December 13, 2018

Miami Police Officer on Patrol Killed in ATV Crash

by Whittel & Melton, LLC

Authorities say a Florida police officer is dead following an all-terrain vehicle crash.

Miami-Dade police say the officer was patrolling an area near a canal Wednesday afternoon when he hit a tree.

He was following up on nuisance and theft complaints by residents. Police say the officer had been called to an enforcement action just before the crash.

Police are still investigating the crash.

If you’ve been injured or lost a loved one in an ATV accident, you may be entitled to financial compensation for your pain and suffering. ATV accidents can result in serious injuries, even death, as this case shows. Our South Florida ATV Accident Attorneys at Whittel & Melton can help you receive the compensation that you deserve for ATV accident injuries and death.

ATV crashes can deliver serious injuries that may affect you for the rest of your life. Without the protection offered by cars, ATV drivers and passengers are more likely to suffer from life-threatening injuries. This is especially true because ATVs are highly prone to rollovers. We commonly see the following injuries from ATV accidents:

December 12, 2018

Guests Injured After 2 Disney Buses Crash at Epcot Parking Entrance

by Whittel & Melton, LLC

More than a dozen people were taken to a hospital after two Disney World buses crashed into each other Tuesday at the entrance to Epcot’s parking lot, according to the Florida Highway Patrol.

The crash happened just before 10 a.m. A Disney bus driven by a 21-year-old failed to stop and rear-ended a Disney bus driven by a 62-year-old near a tollbooth on Epcot Center Drive, according to an FHP report.

According to authorities, 51 passengers were on the bus that was hit. Fourteen were taken to a hospital with minor injuries, police confirmed.

The driver of the bus that failed to stop was ticketed for careless driving, according to an FHP report.

Neither driver was injured.

When you are driving on any type of road, or riding as a passenger, you are trusting that everyone on the road will follow the laws and operate their vehicles with caution. However, that is not always the case. Sometimes, drivers get careless with the way they maneuver their vehicles. Careless driver accidents can result in serious injuries and damage, possibly even wrongful death.

Once you have recovered from the shock and pain of your injuries, obtaining legal representation can help you financially recover after an auto accident caused by a reckless or careless driver. Seeking legal help from Whittel & Melton is one of the first steps to returning to your normal life after the accident. In preparation for your lawsuit, it is important to collect:

Information about the accident
Medical records and bills
Wage loss information
Pictures of injuries