Articles Posted in Personal Injury Claim

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Black Friday, the day after Thanksgiving, is known as one of the biggest shopping days of the year. According to the National Retail Federation, 2023 saw a record 200.4 million shoppers take advantage of Black Friday and Cyber Monday bargains.

To help you stay safe while shopping for those must-have items on your list, our Florida Injury Lawyers at Whittel & Melton want to remind you of the potential hazards, typical injuries, safety tips, and what to do if you get hurt during the holiday rush. This year Black Friday falls on November 29, 2024, and we want you to be prepared.

Injuries from Large Crowds

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A wagon toppled over during a school field trip at a Wisconsin apple orchard on Wednesday, injuring over 20 individuals, three of whom had critical injuries, according to officials.

The incident happened at Bushel and a Peck Orchard in the town of Lafayette, which is in Chippewa Falls, about 200 miles west of Green Bay.

According to reports, the wagons were being pulled off a public road when the driver lost control, causing them to flip and leaving multiple children and adults with serious injuries.

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Suffering an injury because of another person’s negligence can flip your life upside down. The aftermath of a car accident, a slip and fall, a workplace accident, or any other personal injury accident can be daunting, with growing medical bills, lost pay, and pain and suffering to consider. However, when it comes to recovering compensation for your losses, hiring an experienced personal injury lawyer at Whittel & Melton can make all the difference.

Keep in mind that the opposing party’s insurance company is not your friend. Without a doubt, they will advise you against hiring an attorney as doing so will probably result in a larger payment from their business. Their primary purpose is to reduce the amount they must pay, whether by shifting blame to you, undervaluing your injuries, or pressuring you to accept a low-ball settlement offer.

Your personal injury claim is likely worth much more than the insurance adjuster is letting on, which may shock you. The truth is that the insurance industry’s own research has revealed that clients who are represented by a personal injury lawyer receive three times larger payouts than those who choose to take these cases on without legal representation.

Findings From the Insurance Research Council

According to the Insurance Research Council, accident victims with lawyers by their side receive payouts that are roughly 3.5 times more than those without. Since its initial publication in 1999, this research has been revised and is still valid.
In addition to greater settlement amounts, the Insurance Research Council discovered that 85 percent of all insurance settlements for bodily injury claims went to individuals who hired an attorney.

The Insurance Research Council’s findings are supported by an internal investigation done by Lawyers.com. The study found that 91 percent of individuals who hired a lawyer received compensation, compared to 51 percent who received no payout. Furthermore, even after accounting for the attorney’s contingency fee, claimants with legal assistance received around three times the amount as those without. According to a 2023 update from Lawyers.com, the average payout is $52,900, and personal injury verdicts and settlements normally range from $3,000 to $75,000.

Insurance companies do not want you to work with an attorney because they know that this most likely means they will pay more for your claim. Do not be fooled by their attempts to make you a “fair” offer. It is in your best interests to sit down with our Florida Personal Injury Lawyers at Whittel & Melton, who have the experience needed to handle personal injury cases as well as a proven track record of success, and discuss your claim in a free consultation before accepting any offers from insurance adjusters. When you meet with us, we can ask questions and discuss the details of your case in further detail so that you can determine how you would like to proceed. Continue reading

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A woman in Ireland recently learned the hard way that social media is not your friend when it comes to a legal dispute, like a personal injury claim.

After a photo of the 36-year-old woman winning a competition to see who could throw a tree the farthest surfaced online, an Irish court denied the mother’s $820,000 insurance claim.

In 2017, the woman apparently claimed in disclosures made before Ireland’s High Court that she suffered from “debilitating pain” from a car accident that prevented her from lifting heavy objects and kept her in bed on bad days.

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You want your vacation to be as stress-free as possible, whether you are traveling across the country to enjoy a few peaceful days away from the office or you are planning a trip to an intriguing destination abroad. Regretfully, in the unfortunate event that you sustain an injury while on vacation, you may have to deal with trouble getting to the doctor, high medical costs, and other challenges.

Here are a few tips from our Florida Injury Lawyers at Whittel & Melton to help you avoid serious frustrations after being injured on a holiday.

  1. Seek Medical Care

If you are hurt while on vacation, getting medical attention should be your priority. You should see a doctor to be sure your injuries are managed properly, even if you think they are minor. Because adrenaline can obscure pain, it is possible that you may not feel like you were hurt. By obtaining medical attention, you are recording both the injuries that were sustained in the accident and any problems that might cause issues down the road.

  1. Inform the Right Person About Your Injury – File an Accident Report

Should you sustain an injury while shopping at a nearby market, in the hotel pool, or at a restaurant, you need to disclose the injury to the manager who is on duty. Of course, you should call the local authorities and stay at the site if you are involved in a car crash, or similar accident, especially if it occurs abroad. Most establishments, including hotels, dining establishments and retail stores, have policies in place for handling injuries. It is likely that you will be required to submit a statement and fill out a series of forms. Request copies of everything. If they will not provide you with a copy, ask to read the report and while you are reading, take a quick picture of it with your phone.

  1. Gather Details About Other Parties Involved

Automobile accidents rank among the most frequent causes of vacation-related injuries. If this has happened to you, then you should try to learn as much as you can from the other motorist. Make sure you obtain the names and contact details of any passengers in their car, as well as information about insurance and registration. You want to take as many pictures of the crash site as you can. Take pictures of the scene, all the involved cars, the place where the accident happened, and your actual injuries with your phone.

  1. Speak with the Eyewitnesses

Talk to as many witnesses as you can, and make sure you have their contact information on hand for when the time comes that you may need it. If you have an injury that makes writing difficult for you, capture the information using your phone so you can transcribe it later. Additionally, you should record the contact details of any doctors you visit.

  1. Comply with the Physician’s Recommendations

You must follow the doctor’s instructions exactly after seeking medical attention. If the doctor tells you to stay off your feet and rest, that means you do not go surfing or hiking. An insurance claim may be rejected if medical advice is disregarded. Even if you feel considerably better, make sure to follow up with your family doctor if you are instructed to do so when you get home. You want to make sure that any information you received from the other doctor concerning your injuries is recorded and verified.

  1. Be Careful What You Say

Do not share your opinions with the doctor, the hotel staff, or anybody else, even if you think you did anything to cause the injuries. Keep in mind that if you ever need to take legal action, everything you say could be used against you. Your injuries might have resulted from something you did, but it is also possible that someone else’s carelessness played a part in it. The negligence may have been caused by a slick pool tile, water spilled in a store, or furniture positioned dangerously. You should never admit fault after an injury, and whatever statement you offer to a manager or police officer should be limited. Also, never sign any documents, especially if you are being asked to sign something in a foreign language.

  1. Speak to Our Florida Injury Lawyers at Whittel & Melton – 866-608-5529

You should get in touch with an attorney if you are injured while on vacation. We can assist you with filing insurance claims, helping you acquire the necessary medical care, and navigating the entire process. Hiring legal counsel does not imply that you intend to file a lawsuit. Rather, having an attorney will guarantee that your rights are upheld and that you receive any compensation to which you may be legally entitled. This is particularly important if you are hurt while traveling outside of the United States because personal injury laws vary greatly in other countries. Continue reading

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Celebrating the Fourth of July is one of the best ways to welcome summer. This national holiday in the United States is one of the most eagerly awaited events of the year. There are numerous ways to have fun on the Fourth of July, including outdoor events like pool parties, backyard BBQs, and fireworks displays. If safety is not prioritized at these events, the holiday can also bring about catastrophe.

These Fourth of July safety recommendations from our personal injury attorneys at Whittel & Melton can help you enjoy Independence Day safely.

The Most Dangerous US Holiday

Over the Fourth of July weekend, the National Safety Council (NSC) predicts that over 619 people will pass away on the road and over 70,600 will have nonfatal injuries for which they will seek medical attention. The Fourth of July is the deadliest holiday of the year in the United States, and it is not only because of traffic accidents. When everyone is in the mood to party with explosives and safety is put on the back burner, unintended injuries and mishaps can happen in a matter of seconds.

Additionally, one of the busiest travel weekends of the year is the one before the holiday. Accident risk is multiplied as a result of increased traffic and airport passenger flow. Add alcohol and/or drugs to this and you have a recipe for disaster.

Untitled-design-44-200x300Fireworks Safety: Know the Laws

On the Fourth of July, Roman candles, airborne fireworks, fountains, and other novelty firecrackers are allowed to be set off in Florida. On all other days of the year, all loud or projectile fireworks are strictly forbidden.

You can read more about fireworks safety here.

Grill and Burn Injuries

On July Fourth, careless use of pyrotechnics is the primary cause of most burn injuries. Over the holiday, improper grilling can also result in life-threatening burn injuries. The National Fire Protection Association (NFPA) reports that from 2017 to 2021, there were 22,155 emergency room visits annually as a result of grill-related injuries.

Here are a few grill safety tips that can keep you and your guests safe this Fourth of July holiday:

  • Never leave a grill unattended. Always make sure an adult is watching any open flames—preferably someone who is sober.
  • Place the grill outside in a well-ventilated location at least 10 feet away from buildings, trees, or anything else that can easily catch fire.
  • Do not light coals that are already on fire with lighter fluid.
  • Keep a fire extinguisher nearby.

     

If you or someone you love suffers a burn injury as a result of someone else’s careless behavior, make sure to you make getting medical care your number one priority and then contact our Florida Injury Lawyers at Whittel & Melton.

Pool Safety

A backyard pool party can increase the excitement of a Fourth of July party and keep everyone cool from the heat of the summer. However, if the necessary precautions to ensure safety are not taken, swimming pool mishaps can happen.

Make sure all younger swimmers are well watched while in the water, and forbid any rough play. When planning a pool party, consider the level of experience of each swimmer. Any games and pool gadgets that pose serious safety dangers should be banned. Additionally, make sure there are enough of life jackets and other flotation devices that are Coast Guard approved are available in case of emergency.

Here are a few tips to keep in mind when having people over for a pool party:

  • Never allow someone to swim alone. It is always better to have another person nearby who can assist in case there is a drowning incident.
  • Never run near the pool. This is one of the most common reasons for slip and fall accidents.
  • Never dive. Most backyard swimming pools are not deep enough for safe head-first diving.
  • Stay alert. Pay attention to what is going on around you so you can help, if needed, or take the right precautions to prevent any injuries.
  • Have a CPR-trained adult present in the case of emergency.
  • Try to keep people away from the pool who are obviously drunk.

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Hiring the right lawyer for your case does not just mean getting the best results. It also means getting the right treatment.

The truth of the matter is that our Florida Injury Lawyers at Whittel & Melton have been practicing personal injury law for a very long time, and we have great relationships with doctors all over the Sunshine State, especially in the communities near our office locations in Spring Hill, New Port Richey, St. Petersburg, Inverness, Beverly Hills, Bushnell, The Villages, Gainesville, Tampa, Boca Raton, and Miami Beach.

What does this mean for injury victims? The benefit of seeking treatment from a medical professional recommended by an attorney is that you will probably be seen immediately away and can choose a location that is convenient for you.

It is acceptable to receive care from your health insurance provider if you have coverage. Your health insurance company will be entitled to compensation for any accident-related medical care it paid for when your injury claim is resolved.

When receiving care through a health insurance provider, there may be protracted wait times and challenges obtaining physical therapy authorization. Additionally, you might need to see a chiropractor but your insurance does not cover that type of care.

If you employ a personal injury attorney, they may recommend a physician who will treat you on a lien, which means you will not have to pay the physician until after you have received the settlement money from the case. Doctors that have an established relationship with your lawyers will prioritize seeing you and will go that extra mile to really do what they can to help you.

At the end of the day, a personal injury case is not only about money – it is about making you feel better, getting you quality medical care, and getting you on the right track for now as well as in the future. This is why it is so important to hire the right lawyer and not just any lawyer. Continue reading

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Decorating for the Christmas season is something millions of people partake in every year, and your Christmas tree is a holiday staple. Getting into the Christmas spirit by decorating is great fun, but you may be unaware that Christmas trees can be huge dangers to your home. However, if you know the risks associated with Christmas trees, then you can be prepared in the event of an accident.

Our Florida Personal Injury Attorneys at Whittel & Melton want to wish you and your family a very Merry Christmas and Happy New Year! We want your holiday season to be happy and bright, so here are 4 Christmas tree hazards you should familiarize yourself with:

  1. Both Real and Artificial Christmas Trees Can Catch Fire

Many people are unaware that real or artificial trees can catch fire and cause serious burn injuries or home fires. You can prevent burns and fires from happening by:

  • Christmas-Tree-Safety-101-4-Dangers-of-Christmas-Trees-You-Should-Know-200x300Selecting a fresh Christmas tree if you are opting for a real one. Look for green needles that do not shed easily.
  • Keep an eye on your tree’s water level daily and make sure that it does not dry out.
  • If you are going with an artificial tree, check the labels before you purchase it to make sure that it is flame-retardant.
  • Keep your real or artificial tree at least three feet away from heat sources, like candles, fireplaces, radiators, heat vents, lamps, and space heaters.
  • Turn your Christmas tree lights off anytime you are away from home or when going to bed.
  • If your real tree starts showing signs that it is drying out, then it is time to dispose of your tree. The National Fire Protection Association (NFPA) states that 37% of Christmas tree fires start in January, so keep checking on your tree after Christmas.
  1. Christmas Lights Can Be Hazardous

Many people opt for string lights when decorating their trees, mantles, etc., but if not used properly, these lights can lead to electrocution injuries. The U.S. Consumer Product Safety Commission (CPSC) says 20% of holiday decoration injuries that are treated in emergency rooms in the U.S. are related to Christmas tree lights. Here are some Christmas light tips to keep in mind when decorating:

  • Check that the lights you plan to use are designed for indoor use.
  • Do not use lights that have frayed or punctured cables, broken bulbs, or other signs that they are defective.
  • Do not overload your outlets – use an extension cord and do not connect more than three standard-size sets of Christmas lights to one extension cord.
  • If you have a real tree, then keep extension cords away from the tree’s water source.
  • Never place cords under rugs as they could overheat.
  • Never try to squeeze cords behind furniture where they can pinch – this can lead to fraying and cause the cords to short.
  1. Be Mindful of Slip and Fall Accidents When You Are Decorating

For bigger trees, you may require a ladder to help you reach the top. It is easy to fall off a ladder when decorating, so proceed with caution when decorating.

  • Do not use a chair to reach the top of your tree – ladders or step stools are much better options. Chairs are not designed for people standing on them, making them more susceptible to toppling over.
  • Have someone else nearby who can spot you and hand you ornaments and other décor that you may need. The less you must move around while using a ladder or step stool, the better.
  • Keep any cords out of walkways so that no one will trip and fall.
  1. Decorate Safely for Children and Pets

Small children and pets will be very interested in your holiday décor, so keep these tips in mind so that you can prevent children and pet injuries during the holidays:

  • Extension cords need to be out of sight and out of reach. Kids can get tangled in them and pets may chew on them.
  • Ensure that your tree is secure in its base, as kids or pets that push or pull on the tree could cause it to tip over, resulting in injuries.
  • Watch that pets and kids do not drink from your real tree’s waters. Any fertilizers or bacteria present could upset your child or pet’s stomach.
  • The best thing you can do with kids and pets around is to not leave them unattended around your tree.

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ZEPHYRHILLS, FL – Two people were hospitalized today after a vehicle they were working under fell on top of them, reports WFLA.

The incident happened on Windknob Court at an unspecified time on April 18. Pasco County Fire Rescue designated the men as trauma alerts and scrambled two medical helicopters to the area.

Little else is known about the incident at this time. We will provide updates as possible.

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Hyundai and Kia have issued a warning to vehicle owners of 484,577 cars and SUVs across the United States to keep using their vehicles, but keep them parked outside and away from any structures as they could contain a defect that could cause the vehicles to burst into flames unexpectedly, even if the car is turned off.

What is the problem? Possible “foreign contaminants” in the anti-lock brake computer control module can short circuit and cause the engine compartment to potentially catch fire.

Hyundai is recalling 357,830 automobiles, including the following vehicles:

  • 2014 Tucson SUVs
  • 2015 Tucson SUVs
  • 2016 Santa Fe SUVs
  • 2017 Santa Fe SUVs
  • 2018 Santa Fe SUVs
  • 2017 Santa Fe Sport SUVs
  • 2018 Santa Fe Sport SUVs
  • 2019 Santa Fe XL models

Kia has recalled 126,747, including the following:

  • 2014 Sportage SUVs
  • 2015 Sportage SUVs
  • 2016 Sportage SUVs
  • 2016 K900 sedans
  • 2017 K900 sedans
  • 2018 K900 sedans

fire-g6834a84ab_1920-300x169According to the National Highway Traffic Safety Administration, Kia said they know of three vehicles that have caught fire. Kia did say that vehicle owners can continue driving their recalled vehicles, but should not park near any structures or buildings.

If you are a Kia or Hyundai vehicle driver, then you can check the status of your vehicle by contacting the company’s customer service department or by checking the NHTSA’s auto safety website.

Dealers are starting to replace the recalled vehicles’ anti-lock braking control module, which is a small computer system that controls the vehicle’s emergency anti-lock braking system at no cost to owners. They will also replace a fuse that controls the electric current to the anti-lock braking control unit that will reduce the amount of power entering the module.

Seeking Compensation for Vehicle Fires

If you have been the victim of a vehicle fire, then we encourage you to speak with our Florida Injury Lawyers at Whittel & Melton about filing a personal injury claim for financial compensation. We can help you understand what you need to do to pursue a financial award for property damage, physical injuries, and all other damages related to the dangerous vehicle. Continue reading

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