Florida Personal Injury Lawyers Blog

August 17, 2021

Back to School Driver Safety Tips | Florida Pedestrian Accident Lawyers Whittel & Melton

by Whittel & Melton, LLC

With back to school season here it is important to address the driving challenges this brings, such as more congestion near schools and in neighborhoods, more yellow school buses on the roadways, more kids and parents walking, and just the added need to exercise a bit more caution. New teen drivers hitting the road to drive themselves to school are an additional safety hazard. Motor vehicle crashes are the second leading cause of death for teens. The CDC estimates that 2,400 teens in the United States between the ages of 13 and 19 were killed in motor vehicle crashes in 2019 and another 258,000 needed to be treated for their injuries at the emergency room.

Special attention this time of year is very necessary to prevent simple and avoidable accidents. Here are a few safety reminders from our Florida Pedestrian Accident Attorneys at Whittel & Melton to keep you and your loved ones get safely back to school.

School Buses

August 16, 2021

Federal Lawsuit Filed Against Trucking Companies in Alabama Crash that Killed 10 | Florida Truck Accident Lawyers Whittel & Melton

by Whittel & Melton, LLC

The driver of a girls home van involved in an Alabama interstate crash that killed eight children has filed a lawsuit against trucking companies in California and Georgia as well as another driver, according to reports.

The federal lawsuit is seeking an unspecified amount of money and involves the director of the Tallapoosa County Girls Ranch who was trying to help free the victims involved in the fiery crash. Two of the women’s children and two of her nephews were killed in the collision.

The woman was pulled from the van by others nearby and rushed around trying to free anyone else she could, but was unable to because of the flames and damage.

The suit said that all of the children were killed by the fiery crash. In total, eight children ranging in age from 3 to 17 died in the van.

The woman driver of the van that was rescued from the crash suffered bruises, burns, and severe emotional and mental distress.

In a separate crash, a Tennessee man and his daughter also died on Interstate 65.

The lawsuit names the California-based Hansen & Adkins Auto Transport and Asmat Express of Clarkston, Ga., which both were identified by the National Transportation Safety Board as being involved in the crash. The suit also named an Asmat driver.

None of the companies involved have made a comment.

The woman was driving the van on the left lane of Interstate 65 heading north when the Hansen & Adkins truck failed to stop in traffic, struck an SUV and swerved into her lane. The van was then struck from behind by the Asmat Express truck, according to the lawsuit.

The lawsuit alleges that the crash should not have ever happened. The trucks were not equipped with anti-crash safety technology and the drivers were going too fast, distracted or following too closely.

A preliminary report by the NTSB recounted the crash similarly to the lawsuit, but did not place blame on a certain party or say what exactly caused the wreck.

You can be the safest driver on the road, but when another driver on the road acts carelessly or negligently, then all bets are off. While any car accident can result in severe injuries, semi truck collisions can result in even more severe injuries or as this case shows, wrongful death. If you have had a loved one pass away as a result of a tragic accident with a semi truck driver, then our Florida Truck Accident Lawyers at Whittel & Melton can help you take the appropriate steps to help you recover compensation for your suffering. While nothing we do can bring your loved one(s) back, it can hold the at-fault party responsible for their recklessness and prevent them from ever repeating their actions. It can also reward you with the financial compensation you need to move forward with your life as best as you can.

The sad truth is that when a truck accident happens, the truck driver usually walks away unscathed while the other parties involved are not so lucky. The Federal Motor Carrier Safety Administration (FMCSA) has studies that show 87% of all trucking accidents are caused by driver negligence. Negligence can include the following behaviors:

Driver Fatigue
Speeding
Distracted Driving
Driving Under the Influence of Drugs and/or Alcohol
Inadequate Training
Travelling Too Fast for Road Conditions
Unfamiliar with the Roads
Cargo Shift
Wide Turns

As legal experts in the field of commercial truck accidents, our Florida Truck Accident Lawyers at Whittel & Melton will thoroughly investigate every truck accident that is brought to us in order to determine exactly what caused the collision. We will start by investigating whether the truck companies involved in the crash and the driver violated any state and federal regulations. We will do this by using the following tools:

Reviewing Truck Log Books
Reviewing Truck Maintenance Logs
Drug and Alcohol Tests
Looking into Weight Restriction Compliance
Making sure the Company Fulfilled Safety Inspection Requirements
Making sure the Company was in Compliance with Loading Procedures

August 2, 2021

Ex-Cardinal Theodore McCarrick Facing Child Sex Abuse Charges from 1974 | Florida Clergy Sexual Abuse Lawyers Whittel & Melton

by Whittel & Melton, LLC

Former Cardinal Theodore McCarrick, 91, has been accused of sexually assaulting a teen boy in Massachusetts in June of 1974, making him the highest ranking church official to face charges of this nature.

He was charged Wednesday with three counts of indecent assault and battery on a child over the age of 14 in Dedham District Court by the Wellesley Police Department. This is his first criminal charge since he has been accused of abusing seminary students in New Jersey years ago.

The charges stem from an incident at a wedding in June 1974 in Wellesley, Massachusetts.

According to records, the accuser was 16 at the time of the incident and was also abused at other locations in Massachusetts and in other states, including New Jersey.

McCarrick ranked among powerful officials in the Catholic Church for decades until he was removed from ministry in 2018 after the church found abuse allegations against him to hold merit. He was defrocked a year later following accusations that he abused children and adult seminary students.

While the man has been sued several times by men in New York and New Jersey who claim he abused them as children, the statute of limitations has kept authorities from proceeding with any criminal charges.

But now, under Massachusetts law, the statute of limitations would have been suspended when McCarrick, who worked in the New York Archdiocese at the time, left the state after the wedding.

McCarrick was the bishop of Metuchen in the 1980s and the Archbishop of Newark from 1987 to 2000. He was then promoted to be head of the Washington, D.C., Archdiocese even though Pope John Paul II was investigating allegations against McCarrick for abusing adult seminary students at a New Jersey shore home for many years.

A Vatican report issued last year alleged that several New Jersey bishops lied in letters to the pope about what they knew about sexual abuse allegations against McCarrick, which helped him have his promotion approved.

McCarrick is accused of abusing children in other pending lawsuits that were filed in New Jersey under a law that suspended the civil statute of limitations on sex abuse complaints for two years, starting Dec. 1, 2019.

McCarrick is currently residing at the St. John Vianney Renewal Center in Dittmer, Missouri, a home for clerics who have committed sexual abuse and other troubled priests, according to reports. Missouri records apparently show that eight registered sex offenders, including two from New York, live at that address.

If you or your son, daughter, stepchild, niece, nephew, or grandchild were sexually abused by a member of the Catholic church, then you may be able to pursue a lawsuit against the perpetrator of the abuse as well as the Church itself. The diocese has an obligation to keep children and others safe from their employers and should conduct a background check on its employees to make sure that priests and other employees are cleared to be around children. Likewise, any allegations made against priests or other employees should be investigated thoroughly to prevent further sex abuse complaints. If the diocese failed to conduct a background check or knew that a priest had a history of child sex abuse complaints against them or had any other indications that raised any red flags, then they can be held liable for their negligence. Continue reading

July 27, 2021

Florida Hospital CEO Killed in Jet Ski Accident in Palm Beach | Florida Boating Accident Attorneys Whittel & Melton

by Whittel & Melton, LLC

The CEO of UF Health Jacksonville, 56, was pronounced dead Saturday following an accident on a personal watercraft. Reports indicate that the man was flung from the jet ski he was riding in Palm Beach Inlet.

According to the Florida Fish and Wildlife Conservation Commission, the man was found in the water wearing a life jacket and was immediately taken to a hospital, where he passed away from his injuries.

This is all that is known at the time regarding the man’s death.

Boating, especially in Florida, is a widely popular activity. While there are inherent risks involved when operating a motorized vessel, no one expects to suffer harm when having fun out on the water. Sadly, the U.S. Coast Guard statistics show that in 2019 there were 4,168 boating accidents that resulted in 613 deaths, 2,559 injuries and $55 million worth of property damage.

Sales of personal watercraft, also known as Jet Skis, WaveRunners, or Sea-Doos, have really surged within the last decade. The leading manufacturers of PWCs are Yamaha, Kawasaki, and Bombardier. Despite the growing sales of these vessels, any design changes or engineering modifications have been minimal despite the upward tick of accidents involving their products.

Jet skis are very popular throughout the state of Florida, but also much more dangerous than traditional boats. In 2019, jet skis accounted for 20% of the total number of recreational boating accidents that year, ranking second to motorboat incidents.

Why Are Jet Skis so Dangerous?

Reckless operation: These personal watercrafts are light, but have powerful jet motors that can reach speeds of 65 mph or higher. Because they are easy to maneuver, many operators get overconfident and tend to behave recklessly when taking them out by jumping large waves or weaving in and out of boat traffic.
How they are designed: Because jet skis are small in stature, they can flip over quite easily. When cruising at high speeds, the risk for flipping is even greater. The way that jet skis are designed prevents anything from stopping riders from falling or being ejected from the vessel at any moment. It is also worth mentioning that the steering column of jet skis can strike riders heads or chests when involved in an accident at even moderate speeds.
Riders that lack training: Personal watercraft vessels are generally easy to operate. In the state of Florida, operators must be at least 14 years old and must have successfully completed a National Association of State Boating Law Administrators (NASBLA) approved boating education course or have passed a course equivalency or temporary certificate examination. When operating a jet ski or any vessel with a motor of ten horsepower or more, Florida riders must have their boating education ID card and a photo ID card on them.
Weather: Jet skis fail to offer riders the same protections that other larger vessels do. That said, when stormy weather approaches, these PWCs can be extremely dangerous to navigate and you can be ejected quite easily.

July 22, 2021

10-Year-Old Struck and Killed by Car While Riding Bicycle Near Kissimmee | Pedestrian Accident Attorneys Whittel & Melton

by Whittel & Melton, LLC

A 10-year-old girl was struck by a car and killed while riding her bike Wednesday night across U.S. 192 near Kissimmee, according to the Florida Highway Patrol.

Reports show that the crash happened around 9:15 p.m. when several children crossed the highway, failing to use an intersection or a crosswalk.

A 71-year-old man driving by hit the child’s bike and she was taken to a hospital for her injuries, but later died.

July 15, 2021

Johnson & Johnson Recalling 5 Sunscreens Due to Risk of Cancer | Florida Class Action Injury Lawyers Whittel & Melton

by Whittel & Melton, LLC

Johnson & Johnson confirmed yesterday that they are recalling five sunscreen products after samples of these products were found to contain small amounts of benzene, which is a chemical that has been linked to cancer with repeated use.

What Do You Need To Know?

The products in question are packaged in aerosol cans:

Aveeno Protect + Refresh aerosol sunscreen

Neutrogena Beach Defense aerosol sunscreen

Neutrogena CoolDry Sport aerosol sunscreen

Neutrogena Invisible Daily Defense aerosol sunscreen

Neutrogena UltraSheer aerosol sunscreen

Any consumers with these products are encouraged to stop using them and to call J&J’s Consumer Care Center for a refund at 1-800-458-1673. There is also further information available on the websites for Neutrogena and Aveeno.

The recall includes all can sizes of these products and all levels of SPF. These products have been distributed nationwide through various retailers.

J&J released a statement that the benzene was found by the company doing testing in an independent laboratory. They are looking into how and why the chemical was in these five products.

J&J is also actively working on getting the five products removed from any retail shelves.

Benzene is a chemical that is found in the environment and is highly flammable. With repeated exposure at high enough levels, benzene can cause cancer. It is also known to cause damage to the immune system by preventing cells from functioning normally.

The chemical’s effects can vary from person to person, but symptoms can range from irregular heartbeat, dizziness, convulsions, and death when exposed to very high levels.

J&J has notified the Food and Drug Administration (FDA) of the recall. The FDA is in charge of regulating pharmaceuticals like over-the-counter drugs and prescription medications as well as food, cosmetics, vaccines, veterinary products, plasma and blood products.

When dangerous products are taken off of the market for consumers to purchase, then this means the product has been marked as unsafe for use. Just because a product made available for purchase does not mean it is safe, which is something most consumers are unaware of. This is where our Florida Class Action Injury Lawyers at Whittel & Melton can step in and help if you have been harmed by defective drugs and/or devices. We specialize in recalled product liability claims. We also offer free consultations and case reviews so that we can evaluate your potential claim and help you move forward with your legal options. We have the knowledge and resources to represent our clients efficiently and aggressively and are not afraid to stand up to manufacturers and distributors of defective products or devices. Continue reading

July 6, 2021

Boy Killed on Water Park Ride, 3 Others Injured | Florida Theme Park and Water Park Injury Lawyers Whittel & Melton

by Whittel & Melton, LLC

An 11-year-old boy was killed Sunday and three others suffered injuries on a water ride while visiting Adventureland Park in Altoona, Iowa.

According to reports, one child remains in critical condition and two others suffered minor injuries at the water park.

Here is a breakdown of what police believe happened: six riders boarded the Raging River raft ride when it overturned around 7:30 p.m. Saturday. Four of the riders were taken to the hospital. On Sunday, the park announced that they were “saddened” to find out that one of the riders (the 11-year-old boy) had died.

July 1, 2021

Avoid Injuries This Fourth of July | Florida Injury Lawyers Whittel & Melton

by Whittel & Melton, LLC

July Fourth weekend is upon us and there may be no better way to spend the summer holiday than surrounded by your family and friends taking in fireworks, grilling, swimming, or even boating in one of Florida’s abundant waterways. As most COVID-19 restrictions have been lifted, this year’s Fourth of July festivities will be in full swing. As you and your family/friends prepare for a fun-filled weekend, our Florida Injury Lawyers at Whittel & Melton urge you to also think about your safety and plan accordingly. Here are some tips for staying safe this holiday weekend:

#1: Fireworks Should Be Left to Professionals

Sparklers and other common fireworks can be quite dangerous when used incorrectly. Sparklers are usually thought to be harmless, but did you know that these handheld fireworks can reach smoldering temps of 1,800 degrees Fahrenheit? Such high temps can easily lead to severe burn injuries, especially for children handling these without supervision. We want you and your loved ones to remain safe this Fourth of July, so please take in a professional fireworks show instead of attempting to light your own fireworks.

June 30, 2021

What Happens If an Injury Victim Passes Before Their Lawsuit is Finalized?

by Whittel & Melton, LLC

The sad truth is that some accident victims do not make it through to see their legal suit finished. This often happens when their injuries were so severe that they could not make it through the legal process to make a recovery. So, what happens if an injury victim passes away from their injuries in an accident before their case is finished? Can a family member take over their case?

Florida law does have rules for what to do in these cases, and having a personal injury and wrongful death lawyer on your side can prove beneficial in these scenarios. If you have questions about the claims process and how to proceed, we strongly urge you to call our Florida Wrongful Death Attorneys at 866-608-5529 or contact us online for a free case review. It will cost you no money to meet with us and discuss your potential case, and if we agree to take on your case, then you will pay zero fees while we work on your case.

File a Wrongful Death Claim

If an injury victim has passed away during the course of their lawsuit, then the case will become a wrongful death suit. In Florida, personal injury claims cannot continue if the victim dies from their accident injuries.

A wrongful death claim will allow surviving family members to pursue financial compensation for the deceased victim. This may include children, parents, spouses, etc. The personal representative for the accident victim’s estate will need to file a wrongful death action on behalf of the surviving family members so that they can collect financial damages.

What Damages Can Be Recovered?

Medical bills and medical expenses that pertain to the death
Funeral or burial costs
Loss of income
Loss of benefits, which includes the deceased’s retirement
Loss of companionship
Mental anguish and emotional pain from the loss of a loved one

Any costs incurred as a result of the responsible party’s negligence can be a potential source for compensation. Our Florida Wrongful Death Lawyers at Whittel & Melton can help you prove negligence when it comes to taking legal action for wrongful death. If your claim has merit then we will build the strongest possible claim for you and fight to recover all legal damages that you may be entitled to under law.

How to Pursue a Survival Action

Sometimes injury victims can pass for completely unrelated reasons to their previous injury, like another type of accident. Florida law allows for a cause of action to survive the victim’s death, which will continue the injury claim that is unrelated to the death of the deceased. This just means that the initial injury claim will move forward as a survival action which is meant to compensate surviving family members for the damages incurred by the victim prior to their death.

Just like a wrongful death suit, the personal representative of the deceased’s estate can file for a survival action to recover all financial damages the victim would have been eligible for had they lived. These damages may include:

Medical bills and expenses
Pain and suffering
Lost wages

Who Can Sue the At-Fault Party?

In a wrongful death or survival action suit, only the personal representative of the deceased’s estate can exercise legal action. They must prove that a negligent party is responsible for the death and that the at-fault party failed to uphold their duty of care to the victim.

If the victim did not name a personal representative, often called an executor or administrator before their death, then the court will appoint one.

Why You Need Legal Representation

Claims involving the passing of a loved one can be complicated. The insurance companies involved only want to protect their bottom line, which means paying out as little as possible, which is not in the best interest of your family. With proper legal representation on your side, you stand a much better chance of securing full and fair compensation for all of your losses. Your wrongful death lawyer will be there to support you through this trying time.

Contact Us For a Free Consultation Continue reading

June 28, 2021

9 Dead, 150 More Still Unaccounted for in Surfside Condo Collapse | Miami Personal Injury and Wrongful Death Lawyers Whittel & Melton

by Whittel & Melton, LLC

On Thursday, a partial collapse of a Champlain Towers South, a condo building in Surfside, Florida, occurred that is currently under investigation. The 12-story building resulted in multiple deaths and at least 150 more people missing.

First responders and firefighters are conducting a search and rescue mission for all survivors and federal agencies are assisting on the state and local level.

Partial Collapse of Champlain Towers South