Wrongful Death

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 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 30, 2014

Florida Pedestrian Accident Attorney :: Lake Man Dead after Being Struck by Four Vehicles

by Whittel & Melton, LLC

A 72-year-old man was killed after being struck by four vehicles near the intersection of County Road 44 and South Fish Camp Road in Grand Island northwest of Eustis shortly before 7 a.m. Thursday.

According to Florida Highway Patrol troopers, the Fruitland Park man was on the south shoulder of County Road 44 trying to cross when, for an unknown reason, he stepped into the path of oncoming westbound traffic.

The man was hit once by a Saturn car driven by a 30-year-old Umatilla man and a second time by a Jeep driven by a 28-year-old Eustis woman. Witnesses at the scene said two other vehicles also struck the man, but did not stop.

A 72-year-old man was killed after being struck by four vehicles in Eustis Thursday.

A Grand Island resident drove up to the scene before paramedics arrived and saw the man lying on the ground. Another person was trying to revive him while another person called for help, according to reports. The FHP noted the area was rainy, without streetlights and very dark.

The man was pronounced dead at the scene.

Troopers are still looking for the third and fourth vehicles that struck the deceased. Anyone with information can call FHP at 407-737-2213.

According to the National Highway Traffic Safety Administration, at least 5,000 reported deaths are the result of motor vehicle v. pedestrian accidents each year. Sadly, more than 78,000 pedestrians suffer serious injuries every year from an accident involving a car or truck.

A pedestrian collision can result in death, head and brain injuries, disfigurement, nerve damage, scarring, loss of a limb and other serious physical and mental impairments. In many cases, pedestrian accident victims require specialized treatment, such as long-term physical and psychological care. The physical pain and mental anguish suffered by pedestrians injured in auto accidents are often extreme, and the cost for medical care can be astounding. A Florida Pedestrian Accident Lawyer at Whittel & Melton can make sure that you and your family has the help they need to deal with these injuries.

January 28, 2014

Ocala Motorcycle Accident Lawyer :: Mount Dora Man Dies from Dec. 7 Motorcycle Crash

by Whittel & Melton, LLC

A Mount Dora man injured while riding his 2008 Harley-Davidson Electra Glide motorcycle last month passed away recently.

According to Florida Highway Patrol troopers, the 51-year-old died Monday, Dec. 30, at 1:03 p.m. at Ocala Regional Medical Center. His 49-year-old wife, also of Mount Dora, remains at ORMC.

The accident took place at 3:10 p.m. Dec. 7 at County Road 25 and Sunset Harbor Road.

If you have lost someone you love in a motorcycle accident that was the fault of another motorist, you should speak with a Marion County Motorcycle Accident Lawyer at Whittel & Melton as soon as possible .

According to officials, a 2004 Mini Cooper driven by an 83-year-old Eustis man was heading north on CR 25, approaching Sunset Harbor Road. At the same time, the deceased and his wife were traveling south on CR 25 on their motorcycle, also approaching Sunset Harbor Road. The 83-year-old motorist failed to yield the right of way of the motorcycle and turned left, causing the front of the Mini Cooper to smash into the Harley bike.

Authorities claim that neither the deceased nor his wife was wearing a helmet.

In 2013, there were 54 traffic related deaths reported in Marion County alone.

In the last decade, there has been a decrease in the number of many types of motor vehicle accidents throughout the state of Florida and the rest of the country. However, due to the increasingly popularity of motorcycle travel, these types of accidents have been on the incline. When a motorcyclist is killed in a preventable accident caused by the carelessness or recklessness of another driver, the biker’s family may be able to seek compensation for their loss.

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 9, 2013

Florida Wrongful Death Lawyer :: Mother of Bullied Teen Filing Wrongful Death Lawsuit

by Whittel & Melton, LLC

Rebecca Ann Sedwick’s story made national news this year after she climbed to the top of a deserted concrete factory and jumped to her death. A local police investigation into her suicide revealed a journal that documented months of bullying from classmates, generating a nationwide debate on how to prevent teen bullying. Additional evidence of cyber bullying through social media platforms was also found that exposed messages that told Rebecca she should kill herself.

While the state of Florida has bullying laws, punishments are left up to school officials, and not the police. The two girls responsible for the bullying were accused of aggravated stalking. However, those charges were dropped and the girls were enrolled in counseling.
Rebecca’s mother, Tricia Norman, feels not enough has been done and announced recently that she will be filing a wrongful death lawsuit against the girls. Norman wants the lawsuit to bring a change to how the nation and the school system handles online bullying.

By filing a wrongful death suit, immediate family members can recover financial compensation when a person is killed because of someone else’s negligence or wrongdoing. This is supposed to help grieving family members cover all current and future expenses related to their loss. In order to bring a successful wrongful death suit,
Norman will have to prove that her daughter’s death was caused by the two teens’ negligence, or their intent to inflict harm on Rebecca. Should Norman prevail in her wrongful death lawsuit, she hopes it is a victory that will help progress Florida’s cyber bullying laws.

In fact, Norman has promised a “crusade” against bullying. This includes her pursuit of a new state law to criminalize cyber bullying, dubbed “Rebecca’s Law.” Florida passed a new cyber bullying law earlier this year that took effect just weeks after Rebecca’s suicide, but the new law does not include any criminal penalties for violators.

Norman’s proposal wants children who are repeat offenders of bullying to be sent to juvenile detention facilities. She also plans to propose federal legislation that would require public schools to adopt and follow anti-bullying procedures.

November 13, 2013

Alachua County Premises Liability Lawyer :: Gainesville Woman Killed after Tree Falls on Home

by Whittel & Melton, LLC

A 42-year-old woman was killed early Wednesday morning after a tree fell on her Gainesville home as she slept, according to authorities.

The tree apparently fell on a trailer around 2 a.m. while the woman and her 40-year-old husband were sleeping in their bedroom.

A spokesman for the Alachua County Sheriff’s Office said the husband was seriously injured and is undergoing surgery at UF Health Shands Hospital.

The couple’s three children were in a different part of the home and were not harmed in the incident.

Authorities believe the tree fell on the home due to windy conditions.

Powerful winds that accompany heavy rains and thunderstorms can be strong enough to break tree branches and uproot even healthy trees. However, rotting or dead trees cannot usually withstand heavy gusts of wind and can fall at any time. If falling trees do damage a property or cause injuries or death, this could be the basis for a premises liability lawsuit.

Trees usually fall without giving very much warning, which can lead to catastrophic injuries to any person in its path. Falling trees and branches have been known to cause brain injuries, skull fractures, spinal cord trauma, broken bones, injuries to internal organs and even death. If you or a loved one was harmed by a falling tree, you may be wondering if someone can be held liable. If a property owner is aware that a tree on the premises is weak, dead, diseased or at risk of falling, he or she could be held responsible if the tree falls and injures someone. If a landowner fails to take reasonable steps to prevent a tree fall disaster, he or she may be financially liable for any injuries or damages that occur.

October 23, 2013

Florida Motorcycle Accident Attorney :: I-4 in Osceola County Shut Down for Hours after Deadly Motorcycle Hit-And-Run

by Whittel & Melton, LLC

A Kissimmee biker was ejected from his motorcycle and killed in a hit-and-run crash Tuesday morning that shut down eastbound Interstate 4 for almost four hours, resulting in a traffic backup of at least five miles.

Law-enforcement officers are currently looking for the motorist that fled the scene of the lethal collision. Police are searching for a gray pickup, possibly a Ford F250 or F350, that they believe ran over the 47-year-old motorcyclists and kept going, according to the Florida Highway Patrol.

Police are also keeping an eye out for other drivers who may have hit the biker.

The crash occurred shortly after 7 a.m. when a car travelling east in front of the motorcycle struck road debris that flipped a strip of blown-out tire into the air, according to a Florida Highway Patrol spokesman.

The debris hit the motorcyclist in the head and knocked him off his Yamaha bike near Osceola Parkway.

The motorcycle came to rest on the grassy shoulder about a half-mile from the crash.

Troopers reopened I-4 just before 11 a.m.

Hit-and-run motorcycle collisions are becoming increasingly common in Florida and throughout the United States. According to statistics from the National Highway Traffic Safety Administration, hit-and-run motorcycle accidents have actually increased a staggering 15 percent throughout the last decade. Even more disturbing is that the NHTSA reports that hit-and-run car and motorcycle accidents account for up to 700,000 collisions each year.

October 15, 2013

Miami Florida Cruise Ship Injury Lawyer :: 6-Year-Old Boy Drowns Aboard a Carnival Cruise

by Whittel & Melton, LLC

A 6-year-old boy, who was on a four-day Caribbean cruise on the Carnival Victory, drowned in one of the ship’s pools Sunday, according to Carnival Cruise Lines.

The boy was apparently in the pool area with other members of his family when the accident occurred.

Carnival released the following statement: “Carnival extends its heartfelt sympathy to the family during this very difficult time. The company’s CareTeam is providing assistance and support.”

The ship arrived in Miami on Monday so officials could examine the scene.

According to the Miami-Dade police, the boy was in the pool with his 10-year-old brother when the accident occurred around 4:45 p.m. as the ship was out at sea.

The boy was submerged under water and was pulled out and given CPR, however he was pronounced dead.

Police said that no foul play is suspected as the incident appears to be accidental.

The family is from Winter Garden, according to police.

When a passenger is injured or killed while aboard a cruise ship, the law that will apply to the injury or wrongful death claim will likely be the General Maritime Law of the United States, especially if the cruise line is based in the United States. Most major cruise lines, including Carnival Cruise Lines, Princess Cruise Lines and Royal Caribbean are all based in the U.S. Under this law, the cruise line can be held liable for acts of negligence that led to the injury or death of a passenger despite whether or not the accident occurred in the U.S. Injuries and wrongful death claims can arise from all types of cruise line carelessness, including slip, trip and fall accidents, sexual assault, rape, fights, excursion injuries, swimming pool tragedies, wave pool mishaps and even water slide accidents.

It is very important to understand that there are time limits placed on when you can file a cruise ship injury or wrongful death claim. Cruise lines are allowed to shorten the time frame you have to make a claim, as well as the place where you can file suit. Most cruise lines require that written notice of a claim be given 6 months following the accident and that a lawsuit must be filed within one year of the date of injury. The passage ticket will also tell you where you can file suit. The back of your ticket will explain much of the information you need to know, so it is best to go over this language to see what limitations apply to you.

September 4, 2013

Florida Injury Lawyer :: Miami Man Killed in Key Largo Boating Mishap

by Whittel & Melton, LLC

A 43-year-old Miami man was killed Saturday while boating in Key Largo with his girlfriend.

Autopsy reports are pending at this time.

The girlfriend claims the man jumped into the water to cool off, but the current began sweeping him away. He apparently grabbed onto a fishing line they had in the water, but it broke. She tried to throw the man a life preserver, but the man was too far away to reach it.

The girlfriend told authorities this was her first time on a boat and she did not know how to operate it.

The Fish and Wildlife Conservation Commission responded to the accident site and located the man’s body.

Boating is practically a state sport in Florida. Numerous people own boats and enjoy cruising the waterways for recreational or fishing purposes on the weekend or while on vacation. However, a day on the water can turn tragic in just seconds when someone on the boat is careless or negligent in their actions. If you or someone you care for has been injured or killed in a boating accident, you may be entitled to recover damages for your losses.

The main causes of boating accidents can be attributed to the following acts of negligence:

• No Proper Lookout
• Excessive Speed
• Operator Carelessness
• General Inattentiveness
If you or a loved one has been the victim of a boating accident in West Palm Beach, Miami or the surrounding areas, consult with a Palm Beach County Boating Accident Injury Attorney at Whittel & Melton today. Our Florida Injury Lawyers have extensive experience handling all types of boating accident cases, from cruise ship injuries to fishing boat fatalities. We thoroughly investigate all boating accident cases to uncover the possible causes of your accident so that you receive full and fair compensation for any pain and suffering the boating accident has caused you and your family.