Florida Personal Injury Lawyers Blog

June 28, 2017

Stay Safe This Fourth of July Holiday

by Whittel & Melton, LLC

The 4th of July is officially upon us! Most people are focused on planning barbecues, fireworks, pool parties and drinking right about now. While there is nothing wrong with a good party, Independence Day festivities can sometimes lead to severe injuries. What you may not even know is that the 4th of July is one of the deadliest holidays. However, most of the injuries suffered on this holiday are entirely preventable.

Being aware of the most common injuries can help you avoid them. When you know what to look out for, you can take extra safety precautions and be prepared. The following is a breakdown of the injuries seen on the 4th of July holiday:

Car Accidents

The National Safety Council estimated that 466 people were killed and 53,600 more suffered serious injuries in auto accidents during the three-day 4th of July holiday period last year. Sadly, this was an all-time record.

Drunk driving is one of the biggest causes of car accidents. If you plan to drink this 4th of July, please make alternative plans for getting home safe. There are too many outlets nowadays (Uber, Lyft, taxis, DDs, etc.) for you to not be able to avoid driving drunk. If you cannot find a ride, then stay put! Don’t jeopardize your life or anyone else’s because you had too much to drink.

Fireworks Injuries

Fireworks are fun, but also quite dangerous! If you want our advice: leave the fireworks to the professionals!

If you’re planning a holiday fireworks show, you should be aware that not all fireworks are legal in Florida. Even if you see it at a store or roadside stand, this does not mean that it is legal to buy or use it.

The only fireworks legal for use by consumers who don’t possess a special permit are sparklers. If you’re unsure of what fireworks are legal, the Florida Fire Marshall publishes a full list of legal sparklers each year, and you can view the list here.

Please keep in mind that in Florida, possession or use of illegal fireworks is classified as a misdemeanor. Violating this law can result in fines up to $1,000 and up to one year behind bars.

Heat Stroke

It is hot! If you stay outside too long in the hot sun, you could be at risk for dehydration and heat stroke. If you feel weak, faint, confused, dizzy, or have a headache, this is a sign to get to a shaded area and drink some water.

Swimming Injuries

Swimming and alcohol do not mix. When people become drunk and are near large bodies of water or a swimming pool, they can make poor judgement calls that can result in serious injuries, or even death.

Make sure all children are supervised by an adult when swimming. Drowning accidents and other tragedies can occur in the blink of an eye.

June 16, 2017

South Florida Man Accuses Princess Cruise Lines of Wrongful Death of Wife

by Whittel & Melton, LLC

A Boynton Beach, Florida man has filed a wrongful death suit against a cruise line after his wife died in a hospital in France.

The man filed a complaint on May 30 in the U.S. District Court for the Central District of California against Princess Cruise Lines LTD alleging wrongful death and negligence.

According to the complaint, the man claims that on April 2016, his wife fell in her cabin on the ship and was seen by the ship’s doctor. The suit states the woman also had a fever and the ship’s doctor ordered the pair off of the ship for treatment at a hospital in France. The suit states the woman died five weeks later while still in France.

The man holds Princess Cruise Lines LTD responsible because the they allegedly negligently forced them to disembark the vessel and failed to hire qualified ship’s doctors and nurses.

The plaintiff requests a trial by jury and seeks compensatory damages of more than $75,000, all damages, interest, all legal fees and any other relief as the court deems just.

Sadly, people can fall ill or die while on vacation. Passengers can suffer terrible tragedies while onboard an ocean cruise. Typically, cruise lines specify a limited time and a particular place for you to file a civil lawsuit for personal injury or wrongful death lawsuits. Regardless of where you took your cruise, certain cruise lines require you to file suit in a specific location. Our Florida Cruise Ship Injury Lawyers at Whittel & Melton know how to further research your cruise contract in order to determine when and where you can file a claim for damages.

June 15, 2017

Florida Medical Malpractice Caps Ruled Unconstitutional

by Whittel & Melton, LLC

The Florida Supreme Court came to a decision this week that overturned the state law limiting pain and suffering, and other non-economic, monetary awards in medical malpractice cases.

Previously, a person that suffered an injury due to medical malpractice could only be awarded $500,000 for pain and suffering by the court regardless of what a jury decided. If a person was catastrophically injured, the limit capped out at an even million. However, these limits do not include monetary damages for lost wages, medical care, or any other losses – they strictly cover pain and suffering, loss of enjoyment of life, loss of companionship, and emotional distress.

The Supreme Court based its decision on a 2007 case where a woman was undergoing surgery for her carpal tunnel syndrome. After the surgery, her throat was injured when removing a breathing tube, and this injury led to a six week coma and other serious injuries. When her case finally came to trial, a jury awarded her $4 million, however, the court reduced the award by half due to the state law limiting medical malpractice damages.

In 2014, the woman’s appeal verdict was found in her favor, striking down the cap. The court ruled that the limit violated the equal protection clause due to the arbitrary basis for reducing damages in the law. The court basically found that the law did not make sense, and now the Supreme Court has weighed in. They agreed with the appellate court and upheld the decision.

It is unclear if the caps on medical malpractice claims in other states will be challenged now. The Florida Supreme Court only impacts Florida law.

Medical malpractice is classified as any negligence of a health care provider that causes an injury. When a doctor, nurse or healthcare facility fails to provide a patient with quality medical care, they can be held liable for their carelessness.

June 13, 2017

Motorcyclist Killed in Wrong-Way Crash on Orlando Turnpike

by Whittel & Melton, LLC

A motorcyclist was killed Sunday after traveling the wrong way on an entrance ramp to Florida’s Turnpike and smashing into a Toyota Corolla.

The 42-year-old Orlando man was ejected from the motorcycle and died, according to a crash report.

The Toyota was driven by a 37-year-old Kissimmee man who was traveling southeast approaching a toll plaza on the ramp.

It’s unclear at this time as to why the biker was driving the wrong direction.

The Toyota driver, who was driving in the correct direction, couldn’t avoid the motorcycle, and the front left of his car struck the motorcycle.

Troopers are still investigating the crash.

Wrong way crashes occur when a car drives the wrong way in a lane, against the flow of traffic. This usually requires a driver who enters a highway or interstate entrance or exit ramp the wrong way. These tend to end pretty badly, with two cars colliding head-on at high speeds.

Wrong way collisions are almost always fatal. According to the National Transportation Safety Board, wrong way crashes have a fatality rate of up to 27 percent compared to .3 percent for all other highway collisions.

May 22, 2017

Williston School Bus Crash Sends 13 Levy County Children To Hospital with Minor Injuries

by Whittel & Melton, LLC

A school bus accident in Williston sent 13 students to Regional General Hospital with minor injuries Wednesday.

According to reports, Levy County school bus 0409 was stopped at a railroad crossing in the 800 block of East Noble Avenue shortly after 7:30 a.m. when the driver of a 2006 Dodge truck struck the bus from behind.

The driver of the Dodge truck was cited for following too closely, according to reports. The students on the bus attend Joyce Bullock Elementary and Williston Elementary schools.

As a parent, there is nothing scarier than finding out your child has been injured while getting to and/or from school on a school bus. When you send your children on a school bus, you trust that they will arrive at their intended destination safely. Even though school buses are widely considered to be the safest form of transportation for school children, the reality is that injuries on school buses can and do happen. If your child suffers an injury on a school bus, you may be entitled to financial compensation for any medical bills or other damages endured. After an accident like this, you should always contact a Levy County Injury Lawyer at Whittel & Melton as soon as possible to discuss a potential legal claim.

There are many complicated issues surrounding school bus accident cases and it is important to make sure you receive the maximum amount of compensation you deserve for your child’s losses. Losses/damages can include:

Medical bills
Pain and suffering
Disabilities
Loss of enjoyment of life

May 16, 2017

Suit Alleges Orlando Wal-Mart Employee Allowed Stack of Tables to Fall on Shopper

by Whittel & Melton, LLC

A woman is suing Wal-Mart Stores for negligence in a store accident that resulted in a stack of tables falling on her arm.

The woman filed a complaint on March 20 in the Orange County Circuit Court against Wal-Mart alleging that its store failed to provide a reasonably safe environment for its patrons.

According to the complaint, the woman says that on May 21, 2016, she suffered bodily injury, disability, medical expenses, loss of earnings and aggravation of a previously existing condition resulting from the negligent action of an employee as he allowed a stack of tables to fall on her arm.

She holds Wal-Mart responsible because the store failed to exercise reasonable care in the maintenance, inspection, customer service or mode of operation of the premises.

The woman is seeking compensatory damages in excess of $15,000 together with interest and costs.

When you set foot inside a retail store you expect you will be provided with a reasonably safe shopping experience. In fact, retail stores are legally obligated to maintain safe premises. If you slip, trip, fall or suffer another type of injury in a retail store you may have a valid legal claim against the store for financial compensation.

Many retail store injuries can leave you emotionally traumatized and physically unable to work. When you are unable to work, your finances can wind up in complete disarray. If you have suffered due to the negligence of a retail store employer or owner, let our Florida Personal Injury Lawyers at Whittel & Melton help you obtain the compensation you need to move forward with your life.

May 13, 2017

This Week is National Hurricane Preparedness Week

by Whittel & Melton, LLC

Hurricane season doesn’t officially begin until June 1, but President Donald Trump has proclaimed this week ‘National Hurricane Preparedness Week.’

The time to prepare is now, before any storms make it to Florida. The last thing you want is to be caught off guard- this could be a deadly mistake.

Many people facing tropical storms and hurricanes last year in Florida, wish they had been more prepared, and for good reason. This is why President Trump hopes people get prepared right now during Hurricane Preparedness Week.

Your to do list should include:

Coming up with an evacuation plan
Getting your disaster supplies together
Calling your insurance company for a checkup to make sure you have the right coverage
Checking your home to make sure it’s in good condition and can withstand a storm
Checking in with your neighbors on their storm plans
Writing down your hurricane plan so your whole family is in the know

Our Florida Hurricane & Storm Damage Lawyers at Whittel & Melton would like to recap the 2016 hurricane season. We started with a rare January hurricane, Alex, and ended with Hurricane Otto which made landfall in Nicaragua on November 24. This year was an above-average season. There were 15 named storms and 7 hurricanes. There were 3 major hurricanes: Gaston, Matthew and Nicole. Category 5 Matthew was the strongest one.

May 5, 2017

Have a Safe & Fun Cinco de Mayo

by Whittel & Melton, LLC

Cinco de Mayo is a Mexican holiday celebrated today- the 5th of May! The date is observed to recognize the Mexican Army’s unlikely victory over French forces at the Battle of Puebla on May 5th, 1862.

In the United States, Cinco de Mayo is heavily celebrated. Our Florida Injury Lawyers at Whittel & Melton want to help you celebrate safely. Here’s how to have an unforgettable and safe Cinco de Mayo:

Plan Ahead

April 24, 2017

New Study Shows ATV-Related Injuries in Children Worse Than Those From Auto Accidents

by Whittel & Melton, LLC

All-terrain vehicle-related injuries are a huge problem across the United States, and we see more children affected than adults. According to researchers at Wake Forest Baptist Medical Center, the major risk factors for young riders also are entirely preventable.

Their studies show that the injuries children sustain from ATV-related accidents are frequently more severe than injuries received from motor vehicle crashes.

Researchers reviewed data from 16 published studies conducted from 2000 to 2010 on the epidemiology and risk factors among ATV-related injuries in American children.

Data from 2013, the most recent reporting year from the U.S. Consumer Product Safety Commission, showed that there were an estimated 99,600 ATV-related injuries in the United States that required at least emergency department treatment. Of those, approximately 25 percent were in children under 16.

The factors that appear related to the relatively high rates of death and injury for children are more powerful machines, younger drivers and lack of safety equipment and risky driving behavior. The most common causes for ATV injuries among young riders are vehicle rollover, collision with a stationary object and ejection from the vehicle.

One of the biggest dangers is when children are given free rein to use an adult-sized machine, like an ATV. The truth is that ATVs are often driven by children too young for a driver’s license, and allowing them access to these machines that are prone to flipping over and rolling is just not a good idea. It is very easy for kids to lose control of these machines, as ATVs can reach speeds above 50 MPH. Most parents would not allow their child to drive a car at that speed, and cars are outfitted with airbags and seat belts, where ATVs are not.

ATV accident victims can suffer severe injuries and even wrongful death. Traumatic brain injuries are common for ATV accident victims, and these injuries usually require long-term medical care.

April 17, 2017

Six Flags Maryland Roller Coaster Stalls, Dozens Rescued

by Whittel & Melton, LLC

Nearly two dozen visitors to Six Flags America in Bowie, Maryland, were stuck on a roller coaster when it stalled Thursday.

A spokesman for Prince George’s County Fire Department said firefighters rescued all riders on board the Joker’s Jinx coaster four hours after crews arrived to rescue them.

Six Flags issued a statement about the incident:

Joker’s Jinx did not complete its regular ride cycle causing it to stop at a safe location on the track. The Prince George’s County Fire Department is onsite to assist in getting the riders safely off the ride. The safety of our guests is our highest priority and the ride will be closed for a thorough inspection before re-opening.

The ride has had this problem before when it became stuck in 2014. The rescue took hours.

Roller coasters, while thrilling, are the most dangerous rides at amusement and theme parks. Each year, roller coaster and theme park injuries account for 9,000 emergency room visits.

If an amusement park’s negligence results in an accident, whether it be a roller coaster stalling or a slip and fall accident, injury victims may be entitled to financial compensation from the amusement park owners for their suffering.