Personal Injury Claim

April 2, 2014

Insurance Reforms Credited for Fewer Fake Car Accidents in Florida

by Whittel & Melton, LLC

According to a new report, the overall number of staged auto accidents in Florida so an insurance claim could be filed has dropped by more than half since the laws governing personal-injury protection were reformed.

The number of PIP claims involving accidents that appear to have been deliberately caused plummeted from 712 in 2012 to 328 last year, according to a study conducted by the National Insurance Crime Bureau.

The bureau, which partners with insurers and police, found that questionable PIP claims filed in Florida dropped by nearly 8 percent in a year.

The 2012 law requires those involved in motor vehicle accidents to seek treatment within 14 days and limits non-emergency medical claims to $2,500. The reforms also created tougher penalties for medical providers who commit PIP fraud, including a five-year license suspension and a 10-year restriction from PIP reimbursement.

Based upon on a review of 20 insurers that offer coverage for more than 75 percent of the Florida market, premiums for PIP coverage are expected to drop by an average of 13.2 percent.

Even with the new changes, the National Insurance Crime Bureau ranks several Florida cities as having the greatest number of “questionable claims” in the country.

Florida is one of several states that require residents to purchase PIP insurance. The amount of coverage a person receives depends on their auto insurance plan. PIP insurance is limited to medical expenses and does not cover property damage.

Many people confuse PIP coverage with bodily injury liability. The main difference between PIP and bodily injury liability is that PIP only covers the costs associated with the insured party’s medical treatment. Bodily injury liability plans can cover the costs of another person’s injuries that the insured driver may have caused, as well as potential legal fees.

March 21, 2014

Florida Injury Lawyer :: Pilot and Passenger Injured in Small Plane Crash near North Florida Lowe’s Store

by Whittel & Melton, LLC

A pilot and his passenger are listed in serious condition after their single engine plane crashed into a back lot near a Lowe’s home improvement store in Palatka on Friday morning.

The plane, a Cessna 400, was attempting to touch down at the nearby Kay Larkin airstrip, but crashed to the ground just before 11 a.m., almost smashing into the store on Highway 19.

The pilot, a 73-year-old man, and his passenger, a 71-year-old man, were transported to a local hospital.

The pilot suffered debilitating injuries and the passenger is in critical condition with life-threatening injuries, according to reports.

The plane smashed into a set of wood pallets and slid into other items before coming to a shuddering halt. No one on the ground was harmed.

Authorities are unsure as to what caused the crash. They have cordoned off the scene for the National Transportation Safety Board to review the crash site.

Plane accidents are usually very serious, resulting in severe injuries and even death. Even just minor accidents can lead to catastrophic injuries, such as traumatic brain injuries, spinal cord trauma, broken bones and severe burns. Plane crashes can occur for a variety of reasons, but the most common include:

Pilot Error
Equipment Malfunction
Equipment Failure
Inclement Weather
Miscommunications by Air Traffic Controllers
Fuel Problems

Any of these errors could lead to an unfortunate crash. If you or someone you love has been seriously injured or killed in a private or commercial plane accident, a Florida Injury Attorney at Whittel & Melton can help.

February 27, 2014

Florida Auto Accident Injury Attorney :: 10 Injured in School Bus Accident Near Disney

by Whittel & Melton, LLC

A total of ten people were injured in a school bus crash on Monday near Walt Disney World.

According to Orange County Fire Rescue officials, 50 students were on the bus headed to a local middle school. Nine of those students were transported to local hospitals with injuries.

The crash happened near Winter Garden Vineland Road and Mystic Circle just before 9 a.m.

Ten people were injured in a school bus crash on Monday near Walt Disney World.

According to troopers, the driver of the school bus, a 55-year-old woman, was travelling east attempting to make a left turn when she drove into the path of a PT Cruiser travelling southbound on C.R. 535. The 26-year-old driver of the PT Cruiser tried to avoid hitting the bus, but was unsuccessful and slammed into the left side of the bus. She also suffered injuries in the accident.

According to the Florida Highway Patrol, the bus driver was ticketed for violating the right of way.

Another school bus arrived to take the remaining students to school, according to officials.

While bus accidents might not occur that frequently in Florida, when they do, the results are often catastrophic. Due to the tremendous size and weight of these vehicles, and the fact that they have a high center of gravity, many bus accidents result in wrongful death or leave those involved with very serious injuries, such as traumatic brain injuries, spinal cord trauma, burn injuries, broken bones, loss of limbs and disfigurement.

School buses, charter buses, city buses and other commercial buses and passenger vans are classified as “common carriers” under Florida law. For these vehicles to operate, drivers must follow certain industry specific regulations that are designed to protect the general public. Drivers of common carriers must be extra cautious when on the roadways in order to keep passengers and the general public safe from harm.

February 20, 2014

Fort Lauderdale Cruise Injury & Maritime Law Attorney :: Cruise Ship Worker Accused of Raping Passenger on Holland America Ship and Trying to Throw Her Overboard

by Whittel & Melton, LLC

A 28-year-old cruise ship worker has been arrested after being accused of raping a passenger aboard a Holland America Line vessel and then trying to throw her overboard, according to authorities.

The FBI arrested the man Sunday when the MS Nieuw Amsterdam returned to Port Everglades in Fort Lauderdale. The incident apparently occurred early Friday morning in international waters off the coast of Roatan, Honduras.

The victim, a 31-year-old U.S. woman, told detectives that she was attacked and raped in her stateroom. She went on to tell authorities that her attacker attempted to throw her from the balcony, but she escaped and received help from another passenger.

The accused eventually turned himself in. According to reports, the 28-year-old Indonesian man told investigators he attacked the victim because she had disrespected him earlier.

The man has been charged with attempt to commit murder and aggravated sexual abuse.

Holland America Line issued a statement on Tuesday stating that they are working with the authorities to understand how the incident occurred and what additional actions the company can take to make sure nothing like this ever happens again.

“At Holland America Line, the safety of our guests is our highest priority, and we are shocked and deeply saddened by this incident,” Holland America Line president and CEO Stein Kruse said in a news release. “To our knowledge, no incident like this has occurred in our company’s 140-year history.”

The MS Nieuw Amsterdam took a seven-day western Caribbean charter cruise that left from Fort Lauderdale on Feb. 9.

If you are a cruise ship passenger that has been injured on a cruise ship then you need to seek experienced legal help as soon as possible. Special laws govern injury claims for passengers of cruise lines, limiting the time you have to file a lawsuit, sometimes as soon as six months from the incident date. A Fort Lauderdale Cruise Injury & Maritime Law Attorney at Whittel & Melton proudly helps passengers that have suffered harm in many different cruise ship accident situations. From criminal assaults or sexual attacks committed by other crew members or passengers to slip, trip and fall accidents and other mishaps arising from negligence, we can help you hold the responsible party accountable for their actions.

February 4, 2014

Florida Cruise Ship Injury & Maritime Attorney :: 4-Year-old Drowns in Norwegian Breakaway Cruise Ship Pool

by Whittel & Melton, LLC

A 4-year-old child died Monday after being found unresponsive in a swimming pool on a Norwegian Cruise Line ship off the North Carolina coast.

A 6-year-old boy was also found in the pool Monday morning, but a medical team was able to revive the boy and he was flown to a hospital.

A 4-year-old child died Monday after being found unresponsive in a swimming pool on a Norwegian Cruise Line ship. A 6-year-old boy was also found in the swimming pool and was airlifted to a hospital by helicopter.

A Marine helicopter flew to the Norwegian Breakaway about 40 miles off Cape Lookout to pick up the 6-year-old child. The helicopter flew the boy and his grandmother to the hospital. There is no word yet on the child’s condition.

The cruise line claims that a medical team on the ship performed CPR on the two children, but the younger child died. No additional information has been released from the cruise line.

The 4,000-passenger ship is based in New York and was travelling to Florida.

Drowning accidents can happen in a matter of minutes and with little to no warning. Children who are submerged under water start to lose consciousness after approximately two minutes. Brain injury tends to occur after a child has been under water between four and six minutes. Children that survive near drowning accidents without any neurological damage are usually found within two minutes of being underwater. In most cases, drowning fatalities occur after a victim has been left under water for more than 10 minutes.

Even if a child does survive a near drowning accident, they can still be left to suffer lifelong consequences, including permanent brain damage. Once a child has been submerged between four and six minutes, sadly, the damage done to the brain is usually irreparable.

Cruise ship passengers expect to be taken care of while on vacation, as they should be. As soon as travelers set foot aboard a cruise ship their lives are placed in the hands of crew members, who may not be trained to handle unexpected emergencies. The reality is cruise ships can be very dangerous vessels, and a tragic accident can happen in the blink of an eye.

January 13, 2014

South Florida Cruise Injury and Maritime Lawyer :: Lawsuit Alleges Carnival Triumph Knew of Fire Risk before Sailing

by Whittel & Melton, LLC

Court documents allege that Carnival Cruise Lines was aware of the risk of leaks from engine fuel hoses on the Carnival Triumph that later caught on fire at sea before it set sail on Feb. 7.

Documents filed by Carnival Cruise Lines in federal court in Miami revealed a compliance notice report that was apparently sent to the Triumph one month before it departed Galveston that recommended spray shields be installed on engines’ flexible fuel hoses.

A leak from a hose on engine No. 6 led to a fire on Feb. 10 as the ship made its way back from a stop in Cozumel, Mexico. While no one was injured in the fire, it caused the ship to be disabled. This left more than 4,000 people aboard the ship while it was towed to Mobile, Ala., a trip that many referred to as a “floating hell.”

The documents are part of a lawsuit that was filed in February against Carnival Cruise Lines and its parent Carnival Corporation by dozens of the Triumph’s passengers.

The lawsuit claims that Carnival was negligent in maintaining the ship by allowing it to sail knowing there was a fire risk.

In response to these serious allegations, Carnival said the ship’s engines passed inspection before departure and that the recommendations to install spray shields on flexible fuel lines was beyond necessary safety requirements.

Cruise lines have a duty of care they must exercise when it comes to passengers. When they fail to follow proper safety procedures and act in a negligent manner, passengers are at risk for suffering injuries and even death. While many cruise lines lawsuits can be complex due to international laws, the South Florida Cruise Injury and Maritime Attorneys at Whittel & Melton are familiar with both national and international laws and will fight aggressively to get you the compensation you rightfully deserve for your suffering.

This case shows that Carnival chose to withhold vital information to passengers travelling aboard the Triumph. As a passenger on a cruise ship, it is very important to fully understand your rights under maritime law. The key things to remember are that a cruise line is obligated to keeping passengers safe and when you purchase your cruise ship ticket, the fine print on the back serves as your contract, which often has specific time constraints and limits for filing a claim. Under maritime law, cruise line owners are required to maintain safe vessels, and should for some reason the vessel not be seaworthy and passengers become injured, the cruise line owner can be held liable for damages.

January 4, 2014

Florida Cruise Ship Injury Lawyer :: Police Believe Missing Passenger Fell from Royal Caribbean Cruise Ship

by Whittel & Melton, LLC

A Canadian passenger aboard a Royal Caribbean Cruise ship vanished recently, and police in the Cayman Islands suspect the 65-year-old may have fallen off the boat.

Search crews have been scouring the waters around the British Caribbean territory looking for the unidentified man believed to have fallen around dawn Tuesday about 13 miles northwest of Grand Cayman.

Police have interviewed staff and witnesses aboard the Royal Caribbean Cruise ship and are still investigating the disappearance.

Police issued the following statement: “The Port Authority broadcasted an appeal to all marine traffic to be on the lookout for the missing passenger.”

The man’s wife reported him missing on Tuesday morning, right as the Independence of the Seas ship prepared to dock at George Town Harbor.

A spokeswoman for Miami-based Royal Caribbean Cruises said the investigation was turned over to local authorities before the cruise ship departed and continued on its path. The man’s wife got off the ship in the Grand Cayman.

According to police, the wife claims they went to sleep around 1 a.m. Tuesday and that her husband was gone when she woke up about six hours later.

Authorities have searched the 15-deck, 1,112-foot-long craft and reviewed closed-circuit camera footage before the ship set out. The ship is on a six-night cruise that left from Fort Lauderdale on Sunday and has port calls in Jamaica and Haiti. It is equipped to lodge 4,375 guests and more than 1,300 crewmembers.

This man is the second Canadian passenger that has gone missing from a Royal Caribbean ship recently.

On Saturday, a 26-year-old jumped from the Adventures of the Seas near a Puerto Rican island on the last night of a week-long Caribbean cruise with his family. The U.S.
Coast Guard finished its search for the man on Monday.

Cruise ships can be a wonderful way to travel in ease and hit many destinations in a short period of time. Due to its beautiful year-round climate and open waterways, south Florida is the perfect starting point for many cruise lines. In fact, more than 5,300 ships call at Port Everglades in a year making this port located within the three cities of Fort Lauderdale, Hollywood and Dania Beach one of the world’s best and busiest cruise ports. However, with the increasing popularity of travelling via cruise lines, we are starting to see an abundance of cruise ship accidents, ship malfunctions, crimes and a larger number of reported accidents, injuries and wrongful deaths suffered by cruise ship passengers.

December 26, 2013

Broward County Injury Lawyer :: Two Boys Riding Dirt Bikes Struck by Car in Miramar

by Whittel & Melton, LLC

Two boys riding dirt bikes are recovering in the hospital after being hit by a car on Christmas Eve.

The boys, 13 and 16, were riding their bikes around Southwest 66th Terrace and Southwest 28th Street when a Nissan Altima hit them around 4 p.m. Wednesday, according to a Miramar Police spokeswoman.

The two boys were transported to Memorial Regional Hospital with injuries that were not considered life-threatening.

The driver of the Altima reportedly stayed at the scene after the accident. Police are still investigating the incident.

Dirt bikes and ATV’s, otherwise known as all-terrain vehicles, can be fun for individuals of all ages, but they are also notorious for being very dangerous. Dirt bike and ATV accidents can result in serious injuries, paralysis and even death. If you or someone you care for has suffered an injury from dirt bike or ATV accident, it is important to consult with a Broward County Injury Lawyer at Whittel & Melton immediately. We represent individuals who have been injured on a dirt bike, motorcycle or ATV throughout Broward County, including the cities of Coconut Creek, Cooper City, Coral Springs, Dania Beach, Davie, Deerfield Beach, Fort Lauderdale, Hallandale Beach, Hillsboro Beach, Hollywood, Lauderdale Lakes, Lauderdale-By-The-Sea, Lauderhill, Lazy Lake, Lighthouse Point, Margate, Miramar, North Lauderdale, Oakland Park, Parkland, Pembroke Park, Pembroke Pines, Plantation, Pompano Beach, Port Everglades, Sea Ranch Lakes, Southwest Ranches, Sunrise, Tamarac, West Park, Weston and Wilton Manors.

December 19, 2013

Florida Premises Liability Lawyer :: Beware! Holiday Décor Can Cause Slip, Trip and Fall Accidents

by Whittel & Melton, LLC

Who doesn’t love holiday decorations and lights? They are part of the holiday tradition, brighten any space and put on a smile on everyone’s face. However, as cheerful as holiday adornments can be, they can bring up a number of safety issues. Here are just a few of the ways holiday trimmings can cause slip, trip and fall injuries at your home and local businesses:

Christmas Trees – Large beautifications, like Christmas trees, should always be placed off to the side or in areas with less foot traffic to keep people from running into them or tripping over them.

Electric Cords – Electric decorations and lights have cords. Unfortunately, these can be hard to spot and lead to tripping hazards. Strings of lights and cords should be kept away from walkways to avoid injuries. The best place to store them is along the baseboard, where they are least likely to cause trip and fall accidents. Remember, do not ever staple or nail a cord to a wall as this is a fire hazard!

Live Plants – Live trees and plants require water. When water runs onto the floor, it can create safety hazard to all guests and visitors. All live plants should have drip pans placed underneath them to prevent liquid spills. Should any water spill onto the floor, it must be cleaned up immediately. Mats can always be used to prevent slip and fall tragedies in areas that could get wet.

Christmas Lights – Lights are beautiful way to add some sparkle to your house for the holidays, but it is important to not use these decorative lights as a substitute for proper lighting. When an entryway or stairwell is not adequately lit, a person can easily slip, trip or fall.

Holiday Decorations – Christmas decorations and wall adornments can easily fall down. Any fallen décor should be immediately picked up before it can become a safety hazard.

November 21, 2013

Florida Personal Injury Lawyer :: Cooking Your Thanksgiving Dinner Safely this Year

by Whittel & Melton, LLC

It is that time of year again and the Thanksgiving holiday is almost here! The focus on this holiday tends to be food and family, so it is important to bring up some cooking safety tips so that you can make sure your Thanksgiving meal goes off without a hitch.

The Thanksgiving holiday sees more residential fire deaths, injuries and property damage than any other day of the year. According to the Consumer Product Safety Commission, an average of 1,300 cooking fires were reported on Thanksgiving Day from 2009 to 2011, which is more than triple the average daily rate of about 400 cooking fires.

Fortunately, with good planning and solid lines of communication between all the chefs in the family, these fires can ultimately be prevented. The following tips can help to keep your holiday safe:

• Stand by your pan! You should never leave food that is cooking unattended. In case you need to walk away from your dish, turn the stove off or ask someone else to watch the food.

• Check your smoke alarms. What good is a smoke alarm if it does not work? Make sure you have properly working smoke alarms in your kitchen.

• Keep away from candles. It is best to avoid using these, especially if young children are around.

• Keep flammable objects away from the stovetop. This includes, oven mitts, wooden utensils, towels and other kitchen aides.

• Use a timer. This will remind you when dishes are done and when you can stop cooking.

• Keep electrical cords away from children. If you have electric appliances make sure cords are not left dangling in front of or near a child that can easily grab it.

• Keep children out of the kitchen until food has had time to cool. When food, such as vegetables and gravies, is too hot, serious skin burns can be caused to those that touch it.

Should a cooking fire arise in your household, follow these steps:

• In the event of a cooking fire, call 911, get everyone outdoors to safety and wait for the fire department to arrive.

• Keep a fire extinguisher in your kitchen just in case a fire ignites. Make sure the fire extinguisher is in working condition and is properly charged.

• If an oven fire breaks out in your kitchen, turn off the heat and keep the door closed.

• For small grease fires, it is best to smother the flames by sliding the lid over the pan and turning off the stove top. Keep the lid on the pan until it has cooled. Never use water to extinguish a grease fire as this could leave you with some serious burn injuries.