Personal Injury Claim

February 21, 2019

Clearwater Nursing Home Resident Says Negligence Led to Fall

by Whittel & Melton, LLC

A resident is suing Pinellas Park nursing home operators, alleging breach of duty and negligence.

The woman filed a complaint Feb. 1 in Pinellas County Circuit Court against Pinellas Park Facility Inc., doing business as The Care Center at Pinellas Park, alleging they failed to exercise reasonable care in operating a nursing home in according with the state statutes.

According to the complaint, between July 29-Aug. 20, 2018, the woman was a resident at The Care Center of Pinellas Park. As a result of the facility’s negligent acts and omissions, the woman suffered a fall and injury Aug. 14, 2018.

The woman says this resulted in pain and suffering, disability, disfigurement, medical and hospitalization expenses and aggravation of a pre-existing condition. She alleges the facility failed to chart changes in her medical condition, failed to consult with her power of attorney, family and/or legal representatives and failed to monitor and provide a safe environment.

Many nursing home residents are injured in falls every day across the country. They may suffer hip fractures, traumatic brain injuries, broken bones, and other serious injuries. In a majority of these cases, these injuries could have been prevented if staff and management had been supervising residents properly and administering appropriate care.

If you or a loved one was hurt in a nursing home fall, you may have the legal right to seek financial compensation from the person or company responsible. Our Tampa Bay Nursing Home Abuse Injury Attorneys at Whittel & Melton can provide you with an immediate, free consultation about your case so that you know what steps to take next.

February 20, 2019

Epcot Visitor Says Malfunctioning Ride Caused Injuries

by Whittel & Melton, LLC

An Epcot patron is suing Walt Disney, alleging negligence caused a ride to malfunction and cause injuries.

The complaint was filed Feb. 1 in Orange County Circuit Court against Walt Disney Parks and Resorts U.S. Inc., alleging failure to design, construct and operate Epcot’s Fast Track ride in a safe manner.

According to the complaint, on Feb. 16, 2015, the visitor was at Epcot’s MGM Studios when the ride malfunctioned, causing him to be thrown about the Fast Track car. The suit says the man sustained bodily injuries, resulting in pain and suffering, disability, disfigurement, mental anguish, loss of the capacity for the enjoyment of life, medical treatment and loss of earnings.

The man alleges Walt Disney Parks and Resorts U.S. failed to provide sufficient restraints to ensure that persons would remain firmly seated on the ride and failed to ensure that guests were properly seated and restrained prior to the ride operation.

Amusement parks like Epcot, Universal Studios, Walt Disney World, Busch Gardens, Blizzard Beach, Typhoon Lagoon, etc. are held to a higher standard of safety of care knows as common carrier, a term that also applies to entities that operate airplanes, buses and trains. Theme parks are required to follow more thorough procedures to ensure rider safety.

When an injury occurs at an amusement park, negligence on the part of the staff is usually a key issue. Some of these issues may include:

Improper ride design or construction
Improper replacement parts
Botched inspection procedures
Careless or reckless ride operators failing to follow procedure

February 18, 2019

Nurses Facing Manslaughter Charges after Patient Rots to Death

by Whittel & Melton, LLC

Seven former employees, including a nurse practitioner, have been indicted after prosecutors say conditions at an Ohio nursing home got so bad that one patient “rotted to death.”

The contracted nurse practitioner and two workers are being charged with involuntary manslaughter for allegedly neglecting two patients, according to reports, which says the four other employees are accused of neglect or falsifying patient care records.

The group worked at a care center in Columbus.

According to the Ohio Attorney General’s Office, nurses failed to properly care for a male patient who died of septic shock after his wounds led to gangrenous and necrotic tissue in 2017.

According to reports, an attorney for the nursing facility said all the employees involved were fired two years ago.

Making the decision to place a loved one in a nursing home is a difficult one. Selecting the right home can be a stressful and emotional process. Regardless of how much research and thought is put in to choosing the right facility, you may end up with a facility that fails to provide quality care and treatment.

Too many Florida nursing home residents are victims of neglect and/or abuse. The result of this abusive treatment can be devastating to family members. That is why our Florida Nursing Home Abuse Attorneys at Whittel & Melton are here to help loved ones of nursing home abuse and neglect discover what they can do to hold those responsible accountable for their actions.

February 14, 2019

Family Sues Pasco County School District over Alleged Sexual Assault at School

by Whittel & Melton, LLC

A west Pasco County parent has sued the school district, alleging its negligence allowed her child to be sexually abused several times by a Ridgewood High teacher at the school campus.

The teacher was arrested in March 2018 and faces two charges of sexual assault of a minor child by a custodial authority.

The family contends that the school district should be held financially responsible, as it failed to properly supervise the teen or the teacher, and it did not provide adequate security as a precaution to “foreseeable criminal acts on the premises.” The family argues that the district should have known about prior instances of sexual misconduct by employees against students, and done something about it.

The complaint says the victim suffered physical and psychological injuries, and incurred medical expenses for treatment. It asks for a judgment in excess of $15,000.

The physical, mental, and emotional effects of sexual abuse and assault are very real and far-reaching. Victims often struggle for years following sexual assault or abuse. In many cases, victims find need therapy, counseling, medication,and more in order to heal. Treatment can undoubtedly be beneficial, but also costly, which can be be even more stress added on victims who are already struggling to move forward with their lives.

Our Florida Sexual Abuse Injury Attorneys at Whittel & Melton offer compassionate legal representation for victims of sexual abuse and assault. Many people do not realize that they can take civil action against the responsible party. We can help you pursue financial compensation for medical bills, pain and suffering, emotional distress, and more.

February 8, 2019

Brevard County Caregiver Arrested Years After Disabled Woman Gave Birth

by Whittel & Melton, LLC

A caregiver at a Florida facility for people with disabilities has been accused of impregnating a resident who gave birth in 2015.

Authorities say the 58-year-old man was arrested Wednesday on charges of lewd and lascivious battery on a disabled person.

An arrest affidavit says the man helped care for adult clients at a facility in Rockledge.

Staff members in 2015 discovered the female client was pregnant. The baby was born a few months later and adopted by the woman’s family.

Police say the woman has the mental capacity of a small child.

Authorities say the man had previously denied having sexual contact with the woman and voluntarily submitted a DNA sample last year. Investigators say the man’s sample came back a match with the child, resulting in his arrest.

According to the Disability and Abuse Project, which focuses on physical, sexual and emotional abuse of people with developmental or intellectual disabilities, 7 out of 10 Americans with developmental disabilities report they were sexually and/or physically assaulted, or neglected, or abused in some manner. In 2015, the U.S. Department of Justice reported 1.3 million crimes against persons with disabilities. Disabled women and men are three times more likely to be raped or sexually assaulted than the general population, according to the U.S. Department of Justice’s data.

If you have a loved one who is or was being abused by a caregiver, our Florida Sexual Abuse Injury Attorneys at Whittel & Melton can help. Your consultatio is completely free of charge and you are under no obligation to us. We want to make sure that you are armed with the knowledge that you need to hold the responsible party accountable for their despicable actions.

February 5, 2019

Construction Worker on Highway Job in Winter Park Killed in Accident

by Whittel & Melton, LLC

Officials say a worker doing construction on central Florida’s massive highway expansion project was killed after being struck by a drainage pipe.

According to the Orange County Fire Rescue, the worker was struck by a 20-foot iron pipe on Monday.

Workers were moving the pipe when it fell and hit the worker in the head along Interstate 4 near Winter Park, Florida.

The sheriff’s office is investigating.

If you have lost a loved one in a construction accident that could have been prevented, you may have a wrongful death claim. After a construction accident results in injury or death, it is important to investigate the site in the same condition as it was when the accident occurred. Construction sites are constantly changing, and owners may attempt to cover up a dangerous situation that caused the accident, or it could be fixed as part of the construction job.

Losing a loved one in a construction accident could entitle you to financial compensation for damages. Our Florida Workers Compensation Attorneys at Whittel & Melton can review the facts of your case and determine what steps to take next. We work on a contingency fee basis, so we don’t get paid unless there is a settlement or recovery of funds made on your behalf.

January 31, 2019

Rand Paul Awarded More than $580K Following Neighbor’s Attack

by Whittel & Melton, LLC

U.S. Sen. Rand Paul was awarded more than $580,000 in damages and medical expenses on Wednesday in his lawsuit against the neighbor who tackled him and broke several of his ribs in a dispute over lawn maintenance.

A jury in Bowling Green, Kentucky, deliberated less than two hours before delivering the award to the Republican lawmaker.

Paul had testified during the three-day trial that he feared for his life as he struggled to breathe after his neighbor slammed into him in their upscale Bowling Green neighborhood in late 2017.

The jury awarded $375,000 in punitive damages and $200,000 for pain and suffering, plus $7,834 for medical expenses.

The neighbor’s attorney said they would appeal.

In his lawsuit, Paul sought up to $500,000 in compensatory damages and up to $1 million in punitive damages.

The neighbor has already served a 30-day prison sentence after pleading guilty to assaulting a member of Congress. Federal prosecutors have appealed, saying 21 months would have been appropriate. The neighbor also paid a $10,000 fine and served 100 hours of community service in the criminal case.

The attack in Paul’s yard was motivated by lawn care, not politics.

The neighbor told the jury that he attacked Paul after watching the senator begin forming a brush pile near their property line.

The day before the attack, the neighbor said, he had burned another brush pile that Paul had created near the boundary. He doused that pile with gasoline and set it on fire, the neighbor said. An explosion burned his face, neck and arms, and he said he was still in severe pain when he attacked Paul the next day. The neighbor testified he had hauled away previous brush piles accumulated by Paul without asking the senator.

The neighbor testified that he tried to talk to Paul about his lawn maintenance concerns, but was rebuffed. Paul maintained in his testimony that he kept any brush pile on his own property.

A successful personal injury claim may allow injury victims to recover financial compensation for the following expenses and damages:

Medical bills
Lost income
Future medical bills
Pain and suffering
Disfigurement
Loss of consortium
Property damage
Emotional injury
Economic and noneconomic damages
Harm to one’s reputation

In some cases, punitive damages will be awarded as well. Punitive damages are meant to punish the wrongdoer for their reckless and careless behavior, and deter future negligent or intentional illegal actions.

At Whittel & Melton, our experienced Florida Personal Injury Attorneys understand the complexities surrounding personal injury cases, as well as the importance of presenting adequate evidence to support these claims. We will work diligently to compile the necessary documentation and we will consult with medical experts to effectively pursue your personal injury claim. We are dedicated to achieving the most favorable outcome possible for our injured clients.

January 21, 2019

Assisted Living Facility Sued for Neglecting Patient

by Whittel & Melton, LLC

A patient’s representative is suing an assisted living facility operator for alleged negligence and reckless conduct.

The woman, who holds power of attorney for the resident, filed a complaint in Cabell Circuit Court against The Village of Riverview alleging that it violated the residents’ rights to be free from abuse, neglect and mistreatment.

According to the complaint, the resident was admitted to the facility on May 12, 2017 for rehabilitation and assistance. As a result of the facility’s negligence, the resident suffered a displaced femoral neck fracture, a periprosthetic right femur fracture and facial/scalp laceration, and a scalp hematoma.

The patient’s representative holds The Village of Riverview responsible because it allegedly failed to provide an environment free of accident hazards and failed to provide adequate supervision and assistance to prevent accidents.

Assisted living facilities provide care to hundreds of thousands of senior citizens and elderly individuals throughout the nation. Sadly, the level of care these individuals receive does not always live up to the standard of care that the assisted living facilities are required to provide. As a result, those left in the facility’s care are often abused or neglected.

If your loved one suffered serious injuries or died in an assisted living facility as a result of negligence, you may be able to file a lawsuit against the facility. However, there are time constraints for taking legal action in the state of Florida against assisted living facilities, so it is important to take action early to protect your rights.

When a loved one is injured or killed as a result of negligence in an assisted living facility, you may feel overwhelmed and unsure of what to do next. Our Florida Assisted Living Facility Abuse & Neglect Attorneys at Whittel & Melton are here to help guide you through the legal process.

January 16, 2019

Florida Family Awarded $500M in Wrongful Death Suit

by Whittel & Melton, LLC

A Florida jury has awarded nearly $500 million to the family of a woman fatally shot during an argument in a car in 2011.

The family of the 20-year-old Jacksonville woman filed a wrongful death lawsuit against the man who shot her and two other men who helped dump her body.

The man who shot her was sentenced to 45 years for second-degree murder in 2017. The other men pleaded guilty to accessory charges.

On Tuesday, a Duval County jury awarded the family over $495 million for emotional distress and punitive damages.

Deciding whether to file a wrongful death lawsuit after losing a loved one is a personal matter. While no one else can make this decision for you and your family, our experienced Florida Wrongful Death Attorneys at Whittel & Melton can provide you with useful information about the benefits of filing a lawsuit so that you can make the best decision.

There are two main reasons people choose to file wrongful death suits:

Hold the person responsible for the death accountable for their actions. A wrongful death lawsuit holds the at-fault party legally accountable for a wrongful death.
Obtain and protect your financial recovery. The only way to recover monetary compensation after the wrongful death of a loved one is to file a wrongful death claim. This can provide you with money that you need to pay any outstanding medical bills and funeral costs caused by the other person’s negligence. It can provide you with compensation for the lost income your family has suffered, and will continue to suffer, and it can also compensate your family for other damages such as pain and suffering, emotional distress, and mental anguish.

January 15, 2019

Woman, Baby Killed in Crash at Florida Intersection

by Whittel & Melton, LLC

A woman and baby were killed and a man and another infant were seriously injured in a crash at a Florida intersection Sunday afternoon.

Florida Highway Patrol says a man lost control of his pickup truck and crashed into the victims’ car, as well as other vehicles. Officials say a 19-year-old and a 1-year-old were pronounced dead at the scene. The car’s driver, a 22-year-old man, was taken to a Fort Myers hospital with serious injuries, and a 1-year-old was airlifted to a Tampa hospital with critical injuries.

Several occupants of other vehicles suffered minor injuries.

The crash remains under investigation. No citations were immediately reported.

Highway intersections bring multiple roads and opposite lanes of traffic together. It’s no wonder that they are the site of so many car accidents. According to The National Highway Traffic Safety Administration (NHTSA), about 40 percent of car crashes in the U.S. happen at intersections.

The at-fault driver of an intersection accident that causes serious injuries or death may be legally liable if it was caused by their carelessness or recklessness. Those who have been injured or suffered a serious loss have a right to seek financial compensation when this happens.