Florida Personal Injury Lawyers Blog

An Amtrak train struck a car stopped on railroad tracks on the Westside of Jacksonville Tuesday morning, according to the Florida Highway Patrol.

State troopers said a 55-year-old woman was heading east on Timuquana Road on the Westside when the car became disabled on the tracks at the intersection of U.S. 17 shortly before 11 a.m.

The woman was able to safely exit the vehicle before the collision occurred.

According to reports, the Amtrak train saw the car on the tracks and tried to slow down, but was unable to stop the train before colliding with the left side of the car.

No passengers on board the train suffered any harm.

Accidents that involve trains and railroads often result in very serious injuries and even death. Luckily for those involved in this accident, no one was hurt. However, if you or someone you care for has been injured or killed in a railroad accident, a Florida Injury Lawyer at Whittel & Melton can help. We help railroad accident victims and their families obtain full and fair compensation for their losses.

While train accidents are far less frequent than other types of motor vehicle accidents, they can and do still occur. Sadly, the injuries suffered by train accident victims are usually more severe or even fatal. There are numerous types of railroad accidents that can take place. Some may involve collisions with cars, pedestrians, trucks, freight trains, motorcycles and commercial vehicles. Despite why or how the accident happened, if negligence is involved, you have a right to seek compensation for damages.

Continue reading "Florida Injury Attorney :: Amtrak Train Collides with Car on Train Tracks in Jacksonville" »

A 14-year-old Pompano Beach teen that was run over by a Broward County public bus remains hospitalized in critical condition and is now in a medically induced coma.

The teen apparently suffered multiple fractures to the face, ribs and an ankle.

According to the Broward County Sheriff's Office, the teenager was injured about 9 a.m. Friday as he ran for the bus near the 1200 block of East Sample Road.

A BSO spokeswoman said the teen ran ahead of his mother to hold the bus and jumped onto the side of the vehicle. Witnesses told investigators he held on for nearly a minute and then fell. He was run over by at least one of the bus wheels.

Passengers on board the bus told police that they screamed at the bus driver to stop as the boy's arm became stuck in the door.

The incident is currently under investigation. However, the 55-year-old bus driver could face charges if investigators determine he acted criminally. The Margate bus driver has been placed on paid administrative leave pending the outcome of the investigation by BSO.

The bus driver has been employed behind the wheel for 12 years, during which he has been involved in two minor accidents, neither resulting in serious injury.

The first accident happened in September 2010, after the bus he was driving was struck by a car as he executed a right turn onto West Oakland Park Boulevard.

Then, in November 2012, the bus driver scraped the wheel well of another bus as he pulled into a bay at the central terminal on West Broward Boulevard.

Broward County's Accident Review Board said both accidents were preventable.

While we don't usually hear about bus accidents occurring in Florida every day, that doesn't mean they don't happen. Sadly, when these types of accidents do take place, victims are often seriously injured or even killed. The sheer size of these vehicles combined with speed can create serious bodily harm when an accident arises.

Continue reading "Florida Bus Accident Injury Attorney :: Teen Run Over by Bus in Broward County in Medically Induced Coma" »

A 2-year-old Florida girl lost both feet last month after her father accidentally backed over her with his riding lawn mower.

The child was sitting on the lawn screaming and trying to get her father's attention, but he was on a ride-able lawn mower and could not hear her over the roar of the engine. The child's mother watched from a distance as her husband backed the lawn mower up and sliced the 2-year-old's feet.

A neighbor, who is also a nurse, rushed to the scene and applied pressure to the child's wounds while they waited for the emergency team to arrive.

The two-year-old was taken to the hospital where she underwent two surgeries. Both of her feet were amputated and she will eventually be outfitted with prosthetics.

Nearly a quarter of a million people are treated for injuries caused by lawn mowers every year, according to the American Academy of Orthopedic Surgeons. Lawn mowers are very sharp and can be quite dangerous, so anyone using them should always exercise extreme caution. Anyone using a lawn mower, or any other piece of outdoor equipment, should pay close attention to all safety guidelines in order to avoid injuring themselves and others that may cross their paths. A lawn mower is a serious piece of equipment that can deliver catastrophic injuries should an accident occur, so review the following reminders to keep you and your loved ones free from harm.

Continue reading "Florida Injury Lawyer :: Florida Girl Loses Legs in Lawnmower Accident" »

A man was severely injured early Thursday morning after he was electrocuted in an apparent industrial accident in the 8000 block of Presidents Drive.

According to Orange County Fire Rescue, the man was working close to power lines where a warehouse stands around 10 a.m. The contact apparently ignited a fire.

Sheriff's deputies closed the roadway. The man was taken to the hospital with what officials described as serious injuries.

No other details regarding the man's status were immediately available.

Many electrocution accidents result in severe and catastrophic injuries. Electric shock can not only badly burn the skin, but result in damage to the nervous system, the heart and even the brain. Severe electrocution can also result in wrongful death. When an injury of this nature is sustained, your medical bills can increase rapidly, not to mention the excruciating amount of pain you may be suffering. It is very important to seek full compensation from any negligent parties for your treatment, both now and in the future.

Continue reading "Florida Injury Attorney :: Man Seriously Injured in Orlando Electrocution Accident" »

A medical malpractice case filed by the parents of a 17-year-old high school junior who passed away two days after being deprived of oxygen during a routine wisdom teeth surgery in Baltimore has been settled out of court.

The teen suffered severe brain injury during her surgery March 28, 2011. Shortly after she went into a coma and died 10 days later. According to an autopsy report, she died because of a lack of oxygen to her brain during the surgery.

Her parents filed a civil suit against the anesthesiologist, surgeon and medical practices involved in their daughter's procedure. The suit alleged that they had shown negligence by failing to revive her after her heart rate slowed to a seriously dangerous level, limiting the flow of oxygen to her brain.

Both sides reached a settlement on March 28. The conditions and value of the settlement are not public. However, the suit included five counts claiming negligence and other medical failures, with more than $30,000 was in dispute for each count.

In order to prove medical malpractice in a wrongful death case, the victim's family must demonstrate that the surgeon, doctor, other medical staff or the hospital was negligent in some way. When it comes to a surgery, this can include any careless or reckless act such as prescribing the wrong drug to a patient, failing to properly monitor a patient or not checking for any and all allergies a patient may have.

When a court must determine if a medical provider was negligent, they factor in generally accepted standards of care in that particular medical field. For this case, experts would likely be called on to testify about the various procedures oral surgeons undergo when removing wisdom teeth and if the surgeon in question actually met those standards of care. While the surgery to remove wisdom teeth is quite common and usually thought to be low-risk, there are always hazards anytime a surgery is performed. In certain situations, medical malpractice may not be to blame, and the cause could just be a freak accident.

Continue reading "Florida Medical Malpractice Lawyer :: Wisdom Teeth Wrongful Death Lawsuit Settled Outside of Court" »

A federal judge awarded $8,000 to a quadriplegic man Friday who became stuck on Disneyland's "It's a Small World" ride for about 30 minutes after the ride broke down in 2009.

The man and his wife sued Disney in 2011 following the incident that occurred on Nov. 27, 2009. They claimed that Disney should have adequately warned visitors that the ride posed a unique risk of harm to disabled persons. The couple also noted in their suit that Disney should have been on notice regarding the ride, since it had broken down twice earlier on that same day.

The wheel-chair bound man became stuck on the ride as it went through a cave called the "goodbye room." The man said that as the ride stopped, he got stuck while other passengers were evacuated. He apparently requested for his boat to be moved slightly so that he could exit, but ultimately there was no way to evacuate him.

The man said that being stuck in the ride was extremely dangerous to him because he suffers panic attacks and has dysreflexia, a condition that can elevate blood pressure to unsafe levels.

The man's lawsuit alleged that Disney was at fault for continuing to operate the risky ride and failing to notify disabled persons that there was no way to evacuate should an emergency situation arise. The man claims had he been warned properly, he would not have gotten on the ride.

The judge ultimately threw out many of the man's claims, but did find Disney liable for premises liability. In general, amusement park operators have an obligation to keep their premises safe for guests. The judge felt that Disney failed to live up to its duty by operating the faulty ride and not providing the man with the appropriate information needed to make an informed decision on whether or not to get on the ride.

The judge ruled that Disney "should have known that there was a likelihood of harm to a disabled person, as reflected in its own standards for that ride."

Continue reading "Florida Amusement Park Injury Attorney :: Disabled Man Stuck on Disneyland Ride Awarded $8K in Damages" »

With spring break still in effect, many residents of Florida and visitors alike are taking advantage of the tropical climate and getting out on the water. It is the perfect time to get away from school and work and take a break by cruising along the coastline for some fun and sun. However, be reminded that Florida continues to be the most dangerous state for boating accidents.

Unfortunately, every year Florida sees far more boating accidents than any other state in the country. In fact, according to the Florida Fish and Wildlife Conservation Commission, nearly 700 boating accidents were reported in Florida last year alone.
The state of California ranks second in boating accidents, and saw close to 400 maritime accidents last year.

Why do we see so many boating accidents every year? Keep in mind that Florida has more registered boats than any other state. The most recent statistics show that Florida had more than 914,000 registered vessels in 2010.

In 2011, Monroe County was cited as the most dangerous place for boating accidents, with more than 90 reported boating incidents. In that same year, Miami-Dade County had 74 boating accidents, Palm Beach County saw 58 watercraft incidents and Broward County reported 41 maritime accidents.

Continue reading "Florida Boating Injury Attorney :: Spring Break & Boating Accidents in Florida" »

Hillsborough County court records show that a Central Florida man whose penis and testicles were severed in an industrial accident several years ago has filed another negligence lawsuit, this time against his former employer.

The injured man first filed a suit in January 2011 against Future Foam Carpet Cushion and Baumer of America, the company that manufactured the "peeler" machine that caused the injury. However, the case was dismissed shortly after being filed.

Last month, the man filed another lawsuit suing Spartan Staffing, his former employer.

The man was injured Jan. 13, 2010 at Future Foam Carpet Cushion after he apparently removed a foam core from a machine that has a steel blade.

The man's attorney claims he was not properly trained to operate the machine. Court records show that the steel blade sliced through the man's pelvis, cutting off his penis and testicles.

Following the accident, Future Foam was cited for 10 serious violations by the Occupational Safety and Health Administration.

Under Florida law, most employers are required to carry workers' compensation insurance coverage in case a worker becomes injured while on the job. Workers' compensation benefits help to cover the costs of medical bills, lost wages and other expenses for injured workers. In order to receive these benefits the injured employee must demonstrate that he or she was harmed during the course of their employment. If the injury suffered is proven to be work-related, then the employee should be financially compensated for their injury.

While this process may seem straightforward, on the job injuries can be quite complex matters. These cases may involve multiple parties, including insurance providers, medical doctors, other employees and the Florida Division of Worker's Compensation. Additionally, the laws governing these claims are ever-changing, which only makes it harder for injured workers to protect their claims.

Continue reading "Florida Workplace Negligence Attorney :: Man Who Lost Penis in Industrial Accident Files Lawsuit Against Employer" »

According to the National Highway Traffic Safety Administration, manufacturers filed for more than 650 safety recalls in 2012 affecting more than 17.8 million vehicles, child seats and vehicle equipment. Additionally, the NHTSA prompted the recall of more than 9 million vehicles and 60,000 items of vehicle equipment, such as child safety restraints and tires.

Nearly 42,000 complaints from consumers addressing possible safety defects influenced the NHTSA to check out these potential issues for consumers.

Over the past three years NHTSA's investigations and testing have resulted in more than 430 recalls, including 22 million vehicles and products. Since 1966, the NHTSA's work has directly resulted in 17,000 recalls of more than 500 million vehicles and another 84 million equipment products.

Certain types of vehicle defects can lead to tragic car accidents that often involve not only the occupants of the affected car, but other drivers, passengers and even pedestrians. Auto defects can include tire defects, engine failure, structural problems, roof crush and many more. Multiple parties can be held liable when catastrophic collisions occur, including a negligent driver, the auto manufacturer or the maker of a defective auto part. While it is very important for a vehicle to do its job and protect occupants in the event of a crash, it is equally important for safety restraint systems to be fully functioning. This is also true for car seats, as they are supposed to minimize the risk of serious injuries to babies and toddlers should an unfortunate wreck occur.

Continue reading "Florida Personal Injury Lawyer :: NHTSA Recalled More Than 17.8 Million Products in 2012 " »

Several NASCAR fans injured last weekend during a race just a day before the Daytona 500 are now contemplating a possible lawsuit.

Last Saturday, more than 30 people were injured following a horrendous crash in a second-tier NASCAR series race that sent chunks of debris, including a heavy tire, flying into the stands. All injured parties have since been released from the hospital.

Interestingly, a competitor in the race was quoted on CNN declaring that the racers "assume the risk" when competing, but the fans do not. This may be slightly in conflict with NASCAR's position as they most likely may try and cowardly hide behind the back of their ticket stubs. The language printed on the Daytona disclaimer could be viewed as a legal contract, similar to a cruise ship voucher, which could be an issue in court.

The disclaimer on the Daytona ticket reads: "The holder of this ticket expressly assumes all risk incident to the event, whether occurring prior to, during or subsequent to the actual event, and agrees that all participants, sanctioning bodies, and all employees, agents, officers, and directors of Daytona International Speedway, its affiliates and subsidiaries, are hereby released from any and all claims arising from the event, including claims of negligence."

A NASCAR spokesman said at this point they have not heard of any lawsuits being filed.

Daytona International Speedway is owned by International Speedway Corp., a NASCAR sister company.

It will certainly be interesting to see if any lawsuits do arise from this incident and how they are handled.

Continue reading "Florida Injury Lawyer :: NASCAR Fans Injured in Daytona Crash Explore Lawsuit" »

Earlier this month an engine room fire erupted on the Carnival Triumph Cruise Ship, leaving the 3,143 passengers and 1,086 crew members on board floating 150 miles off the coast of Mexico for several days.

While no one was injured during the engine room fire, the conditions on the 14-story cruise ship were anything but sanitary. There was no hot water, no air-conditioning, spoiled food and passengers were forced to use plastic "biohazard" bags instead of toilets.

The ship set sail from Galveston, Texas on Thursday Feb. 7th and was scheduled to return from Mexico on Feb. 11th. After the power outage sent the vessel drifting 90 miles off course, three tug boats pulled the ship to a port in Mobile, Alabama.

Carnival announced that passengers will receive a full refund, a credit for a future cruise equal to the amount paid would be provided, as well as $500 in compensation.

Now, Carnival Cruise Lines has cancelled many future cruises scheduled for the Triumph and has recognized that the ship had mechanical problems before it left from Galveston on Feb. 7th. In fact, this is not the first time the ship has experienced malfunctions. Recently, the ship's alternator had technical problems while at sea on another voyage. The National Transportation Safety Board has opened an investigation into the cruise line.

Carnival Corp. shares are already taking a blow. It is estimated that the cancellations and Triumph's repair costs will result in a $0.08 to $0.10 earnings per share drop in just the first half of the year.

Whatever the problem with this cruise ship, be it a manufacturing defect, a maintenance problem or design problem, Carnival provided the cruise ship and therefore has a duty to supply passengers with a safe vessel. By failing to do so, the cruise line could certainly be held responsible for any damages suffered by passengers.

If you do wish to file a claim against the cruise line, it is important to understand that the rules listed on the back of your Carnival Ticket may require you to file a lawsuit within a limited time frame. In the past, some tickets have indicated that passengers must complete a claim within a short 185 day period. If you are curious about making a claim, check the back of your ticket for any limitations imposed. When it comes to cruise ship injury lawsuits, it is best to take action as soon as possible.

Continue reading "Florida Cruise Ship Injury Lawyer :: Carnival Cancels More Cruises Due to Triumph Disaster" »

The high-profile lawsuit filed by a cruise ship attendant on the Royal Caribbean cruise ship that carried John Travolta as a passenger in June 2009 has been dropped as of Feb. 4.

In the lawsuit, a cruise ship worker accused Travolta of disrobing and exposing himself to him during a massage and then embracing him forcefully.

Travolta insisted that the man's allegations were entirely fabricated.

Neither party has released what prompted the dismissal.

The abrupt and secretive ending to this case is quite interesting. Travolta's attorneys attempted to throw the case into arbitration On Feb. 1. Travolta's attorneys claimed that the stipulations printed on the back of Travolta's Royal Caribbean ticket states that any legal disputes should be settled through arbitration. This simply means that Travolta would have avoided the publicity that goes along with a public trial. This is usually how cruise lines respond to lawsuits prompted by injured crew members. However, a federal judge denied Travolta's request to arbitrate the case. If the case had not been dismissed, the case would have headed to a jury trial. Now that the lawsuit has been dropped, it is unknown whether the crew member was paid an out-of-court settlement in order to avoid a highly public trial.

Continue reading "Florida Injury Lawyer :: John Travolta's Cruise Ship Case Dismissed" »

A California woman recently filed a $5-million class action lawsuit against Nestle claiming that the company's frozen pizzas are a threat to the public's health because they contain trans fats.

According to reports, the suit is aimed at Nestlé's DiGiorno, Stouffer's and California Pizza Kitchen frozen pizzas. The lawsuit, which was filed on Jan. 21, alleges that the company is completely disregarding the health of the general public by not removing trans fats from these frozen pizzas.

The lawsuit claims that the pizzas contain a defective product known as partially hydrogenated vegetable oil. PHVO contains carcinogenic trans fats, which have been banned from restaurants in certain cities and states, but not in foods sold at grocery stores. Ingesting trans fats has been linked to the development of certain health conditions like Alzheimer's disease, heart disease and diabetes.

One of the main reasons food producers include PHVO in foods is because it keeps costs low. It is actually a less expensive fat compared to its alternatives.

Nestle feels that they have done nothing wrong since the Food and Drug Administration as well as the U.S. Department of Agriculture allows trans fats to be included as ingredients in foods. They only require that companies label these along with other ingredients. Nestle feels they have complied with that, and has PHVO listed in the ingredients on their frozen pizzas.

While the lawsuit has not been put on the court's docket of cases yet, it could theoretically force food manufacturers to stop using this particular ingredient.

If the woman is arguing that Nestle attempted to mislead consumers by mislabeling their products, her case could have merit. Of course that is for the court to decide. Companies are required to properly label products so consumers know exactly what they contain. Lawsuits have been successfully won in the past based on this notion. In 2005, McDonalds settled two lawsuits that claimed they misled consumers about the actual level of trans fats in their foods. This lawsuit against Nestle could quite possibly trigger a pattern mandating companies in the U.S. to ban the use of trans fats in foods.

Continue reading "Florida Injury Attorney :: Nestle facing $5 Million Lawsuit over Trans Fats in Frozen Pizzas" »

Orlando, FL - A cruise ship headed to the Bahamas last month was forced to return to port in central Florida after a 14-month-old was injured in a fall aboard the ship.

Royal Caribbean officials claim the child fell aboard the Monarch of the Seas. The child did receive medical treatment on board the ship, but needed to be hospitalized.

The ship turned around and returned to Port Canaveral, where the child was taken to a hospital.

In most cases, a cruise is a fun experience for children and their families. However, sometimes a child is injured on a cruise ship, which can create a complex situation. Cruise ship injuries are handled quite differently than injuries sustained on land. In fact, cruise ships have their own set of laws, meaning there are special clauses regarding personal injury matters. The specifics are usually outlined on the back of your ticket. Sadly, the laws concerning cruise ship accidents are not exactly passenger-friendly.

Passengers injured while aboard a cruise ship need to be aware that there is a statute of limitations placed on accident claims. In some instances, passengers have less than a year to bring a personal injury lawsuit against a cruise line, and sometimes, the statute of limitations is shortened to only six months from the date of injury. A Florida Cruise Ship Injury Attorney at Whittel & Melton can make sure you understand your rights and fight for your justice.

Continue reading "Florida Cruise Ship Injury Lawyer :: Child Seriously Injured in fall aboard Royal Caribbean Cruise" »

A 41-year-old father and his three kids were killed Friday night in a car crash in Lake County.

The man apparently lost control of his 2009 Mercedes Benz around 6:45 p.m. on State Road 33.

Florida Highway Patrol troopers do not know what caused the man to lose control of his vehicle. Reports indicate the man was traveling southbound on a S.R. 33 curve near Groveland Airport Road when his car left the road, struck a tree and a pole, causing the vehicle to become airborne and crash into another tree that ultimately crushed the car's roof.

The man and his 9-year-old son were pronounced dead at the scene. His other son, 7, and daughter, 2, passed away at the hospital.

The speed limit for the road is 60 mph, but troopers do not yet know if the man was speeding.

Court records indicate the man received several citations for speeding and failing to obey traffic signals in counties across Central Florida.

The man and his sons were wearing seatbelts, but troopers say the force of the crash was so great that it would not have mattered if they were wearing them properly. The young girl was in a car seat.

Troopers are still investigating what may have caused the crash.

Sadly, even just a small driving error or momentary lapse in judgment can lead to a devastating car accident. Due to this, all drivers have a duty to operate their vehicles with as much caution as possible to ensure the safety of their passengers and all others on the roadways. When drivers fail to drive safely and partake in reckless behavior, the odds of an auto accident occurring becomes much more likely. Many of the auto accidents that occur in Lake County are caused by the following:

• Distracted Driving

• Talking on a Cell Phone or Texting while Driving

• Speeding

• Hazardous Roads

• Failing to Follow Traffic Signals

• Changing Lanes without Signaling Properly

• Driving Under the Influence of Drugs and/or Alcohol

Any of the above actions can cause an accident that is quite serious, and lead to severe personal injuries and even wrongful death. Negligent drivers often react too late to dangers in the road until it is too late to avoid a wreck. However, it is important to note that even the most careful and considerate driver can lose control of their car on a hazardous road and cause a serious collision.

While most cars today are outfitted with more safety features than ever before to protect occupants in the event of a crash, even the best safety measures cannot prevent drivers and passengers from suffering the effects of a crash. Seatbelts and airbags can protect victims of a minor crash, but when a major wreck occurs, the force of the collision may be too great for these features to prove useful. The effects of a car accident can range in severity from cuts and bruises, sprains and strains and fractures and broken bones to vehicle ejections, traumatic brain injuries, spinal cord trauma and death.

Continue reading "Tavares Car Accident Lawyer :: Father and Three Children Killed in Lake County Collision" »