Articles Posted in Personal Injury Attorney

A new report by Tripadvisor shows that 3 cities in Florida – Orlando, Miami and Key West – are among the top 5 most popular vacation destinations in the U.S. The Sunshine State boasts beautiful weather, gorgeous beaches and waterways, fun night life, exciting theme parks and water parks, and of course, delicious cuisine. Figures from VisitFlorida.org show that in 2021, Florida saw 122.4 million visitors. With that many people coming to Florida, there are bound to be some mishaps that lead to injuries.

Below you will find the top five most common injuries suffered by tourists visiting Florida:

  1. Fractures and broken bones: Falling from a height or other traumas can certainly result in fractures or broken bones, but the most common reason for fractures or broken bones are car accidents. According to the Florida Highway Safety and Motor Vehicles Department, around 200,000 car accidents occur annually on Florida’s roadways, equaling out to 650 crashes per day. Visitors who are unfamiliar with the road and traffic patterns are at a greater risk of being involved in a car accident. Many tourists elect to not drive themselves and use rideshare services, like Uber or Lyft. These are great services, but also carry risks. If you are injured while on a ride with an Uber or Lyft driver, we can help.
  2. Internal organ injuries: Florida is ranked as the No. 1 most dangerous state in the country for pedestrian deaths, according to U.S. News. With that said, tourists are at a great risk of being hit by a car while walking or biking to their destinations. If you are lucky enough to survive being struck by a car, then you could be left suffering severe damage to internal organs, like your stomach, spleen, heart, kidneys, liver, and brain.
  3. Injured-on-Vacation-300x300Neck and head injuries: Car accidents, slip and falls, trip and falls, sporting and recreational accidents, and too much alcohol consumption are all common causes of head and neck injuries. Using golf carts, bikes, electric scooters – all popular modes of transportation in the Sunshine State – can present risks to tourists who are not used to using these vessels. Hiking, surfing, paddle boarding, parasailing, snorkeling, and kayaking are all recreational activities that many tourists partake in, but there are inherent risks.
  4. Soft tissue injuries: These injuries involve muscles, tendons, and ligaments and commonly result in sprains, strains, tendinitis, bursitis, and contusions. Many of these injuries are the result of sporting activities, but they can also occur from slip and fall or trip and fall incidents. Slip and fall and trip and fall accidents often happen at resorts and hotels in Florida vacation destinations, especially those that have beach access and swimming pools. Hotel owners are responsible for making sure that their premises are free from any and all hazards that could lead to guests sustaining injuries. If the premises are not properly maintained and clear of clutter, water, and debris, or have no warning signs about any dangerous conditions, then the hotel could be held liable for any injuries suffered by guests.
  5. Traumatic brain injuries (TBIs): A TBI is an injury that affects how the brain works. A blow, bump or jolt to the head can lead to a mild TBI or concussion, a moderate TBI or a severe TBI. The CDC reports that there were 64,000 TBI-related deaths in the U.S. in 2020. There can be numerous reasons for TBIs, but most Florida visitors suffer TBIs from recreational activities, like jet skiing, swimming and diving, boating, and parasailing.

Whatever injuries you have suffered, whether from a negligent hotel or a faulty jet ski rental beach company, our Florida Injury Lawyers at Whittel & Melton can pinpoint who is liable and pursue financial compensation for your suffering. We specialize in all types of personal injuries and wrongful death cases, including what is known as “resort torts,” or injuries or death that happen while on vacation and staying at a resort, hotel, or in a recreational setting. Continue reading

Hyundai and Kia have issued a warning to vehicle owners of 484,577 cars and SUVs across the United States to keep using their vehicles, but keep them parked outside and away from any structures as they could contain a defect that could cause the vehicles to burst into flames unexpectedly, even if the car is turned off.

What is the problem? Possible “foreign contaminants” in the anti-lock brake computer control module can short circuit and cause the engine compartment to potentially catch fire.

Hyundai is recalling 357,830 automobiles, including the following vehicles:

  • 2014 Tucson SUVs
  • 2015 Tucson SUVs
  • 2016 Santa Fe SUVs
  • 2017 Santa Fe SUVs
  • 2018 Santa Fe SUVs
  • 2017 Santa Fe Sport SUVs
  • 2018 Santa Fe Sport SUVs
  • 2019 Santa Fe XL models

Kia has recalled 126,747, including the following:

  • 2014 Sportage SUVs
  • 2015 Sportage SUVs
  • 2016 Sportage SUVs
  • 2016 K900 sedans
  • 2017 K900 sedans
  • 2018 K900 sedans

fire-g6834a84ab_1920-300x169According to the National Highway Traffic Safety Administration, Kia said they know of three vehicles that have caught fire. Kia did say that vehicle owners can continue driving their recalled vehicles, but should not park near any structures or buildings.

If you are a Kia or Hyundai vehicle driver, then you can check the status of your vehicle by contacting the company’s customer service department or by checking the NHTSA’s auto safety website.

Dealers are starting to replace the recalled vehicles’ anti-lock braking control module, which is a small computer system that controls the vehicle’s emergency anti-lock braking system at no cost to owners. They will also replace a fuse that controls the electric current to the anti-lock braking control unit that will reduce the amount of power entering the module.

Seeking Compensation for Vehicle Fires

If you have been the victim of a vehicle fire, then we encourage you to speak with our Florida Injury Lawyers at Whittel & Melton about filing a personal injury claim for financial compensation. We can help you understand what you need to do to pursue a financial award for property damage, physical injuries, and all other damages related to the dangerous vehicle. Continue reading

The U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) has released its preliminary data for January-September (the first nine months of the year) for 2021.

Their projections estimate that 31,720 people died in motor vehicle traffic crashes for the first nine months of 2021, which is about a 12% increase from the first nine months of 2020.

This projection is not just higher than 2020 or even 2019. It is actually the highest number of fatalities during the first nine months of any year since 2006 AND the largest percentage jump during the first nine months in the history of the Fatality Analysis Reporting System.

The tradition of a real Christmas tree may be something your family enjoys partaking in every year. Loading everybody up in the car and heading to the tree farm to select your perfect tree, chop it down, and bring it home to decorate might be what Christmas means to you. Fresh trees smell great and can be quite charming, but you may not realize that real trees can be very hazardous when they are dry. A dry tree combined with fireplaces, hot Christmas lights, and any other sources of heat can be a recipe for real disaster. In fact, the National Fire Protection Association has said that dry Christmas trees can quickly turn into a rapidly spreading fire that burns even faster than paper. If your version of Christmas involves a live tree, then you need to know how to prevent a tree fire from ruining your holiday.

How Do Dry Trees Lead to a Fire?

Take a look at this video published by the National Fire Protection Association to see just how hazardous an unwatered Christmas tree can really be.

What starts as a small flame quickly demolishes the tree in just a few seconds. At 30 seconds, the entire room is engulfed in a blaze. This is how Christmas tree fires happen every year and devastate families holiday traditions.

How to Prevent Christmas Tree Fires

Perhaps the most logical answer for this is to just water your live tree. Trees that are hydrated are much less likely to start a blaze.

Live Christmas trees must be watered daily. Many people do not realize that their live tree needs water every single day. Research indicates that 70% of people with live trees are unaware that their tree needs water daily. Only 45% of people with live trees actually water them daily, so there is a huge risk of fires happening in households all across Florida and the rest of the U.S.

While you want to make sure that your Christmas tree is watered daily, you also want to make sure that you are purchasing a hydrated tree before you get it home. You can do this by only buying a tree that has been freshly chopped. Trees that have been previously cut weeks ago have been losing water and because of their dehydrated state, it can be much more difficult to get them hydrated so that they do not pose risk of catching fire.

In addition to watering your tree, you can also follow these tips to prevent a fire:

  • Make sure all lights do not have loose connections or any frayed cords
  • Just use one extension cord for your tree lights so that nothing gets too tangled
  • Turn the lights off on your tree every day/night before leaving or going to sleep
  • DO NOT place candles near your tree
  • Keep your tree AT LEAST THREE FEET from any heat source
  • By observing the above tips, you can make sure your holiday goes smoothly.

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Whittel & Melton is pleased to announce that its founding partner Jason M. Melton has been named to America’s Top 100 High Stakes Litigators® again for 2021, an annual listing that highlights the most exceptional attorneys throughout  the country in high value and high stakes litigation matters. Jason Melton has been distinguished among his peers for 2020 and 2021 as America’s America’s Top 100 High Stakes Litigators®. 

logo-150x150-1In order to be considered for the high honor of America’s Top 100 High Stakes Litigators®, an attorney must meet specific criteria, including litigating business matters for a plaintiff or defendant with at least two million dollars at stake. Candidates are then screened meticulously through data analysis of their professional experience, litigation experience, their case results, their peer reputation, their high stakes litigation matters, and the impact they have on their community. Once they are ranked accordingly, less than one-half percent (.5%) of active attorneys throughout the country will receive the high honor of being named an exclusive and high level top litigator. To learn more about this great achievement, click here. 

Jason Melton is a skilled personal injury, wrongful death, and criminal trial attorney in the state of Florida. He has battled against large insurance companies and major corporations in the civil arena, which has earned him the honor of being a high stakes litigator. Jason has been a past president and treasurer of the Hernando County Bar Association and is active in many local charities, including two annual college scholarship programs that he founded. Jason has also earned an AV Preeminent rating by Martindale-Hubbell, and has been listed among Florida’s Super Lawyers. He is a founding member of the National Academy of Motorcycle Injury Lawyers and was named Top 20 Motorcycle Injury Lawyer in the United States in 2020. Continue reading

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. 

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. 

contract-945619_1920-300x199File 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. 

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A Florida woman has filed a lawsuit after having her gall bladder and parts of her stomach removed after a waiter put liquid nitrogen in her drink. 

The woman recently filed a lawsuit against The Don CeSar Hotel in St Pete Beach, Florida after a birthday meal last year. 

The woman said she went to dinner at the Maritana Grille, on the hotel premises, with one of her best friends on November 11, 2018.

They had just finished their dinner when the woman said she saw a waiter pour a liquid on another customer’s dessert that caused it to “smoke.” After her friend told the waiter that it looked cool, she said he poured the liquid nitrogen into the two women’s glasses of water.

In her lawsuit, the woman says that she became seriously ill “within seconds” of drinking the water with the liquid nitrogen. She never suspected that drinking the water containing the liquid nitrogen was dangerous as “he had just poured it on a dessert.”

An ambulance took the woman to the hospital, where she remained in the intensive care unit for days. She ended up having to have surgery to remove her gallbladder.

According to the lawsuit, the woman also had to have parts of her stomach removed after tissue had been burned by the extremely cold temperature of the liquid nitrogen.

The woman will have lifelong digestion issues and lost 25 pounds as a result.

Liquid nitrogen is a colorless, odorless, clear liquefied form of nitrogen that remains liquid at temperatures of -320 degrees Fahrenheit. It is used as a freezing agent in food preparation and preservation, to process dry herbs and spices and to rapidly chill beverages, as well as for a smoke effect in beverages or foods to “enhance presentation and consumer appeal,” according to the U.S. Food and Drug Administration (FDA).

However, the FDA has warned that liquid nitrogen can be extremely dangerous if consumed and must not be used in ways that make food unsafe for consumers.

“Both liquid nitrogen and dry ice can cause severe damage to skin and internal organs if mishandled or accidentally ingested due to the extremely low temperatures they can maintain,” according to the FDA. “As such, liquid nitrogen and dry ice should not be directly consumed or allowed to directly contact exposed skin.”

In August last year, the FDA issued an advisory warning consumers and retailers of the potential for serious injury from eating, drinking, or handling food products prepared by adding liquid nitrogen immediately before consumption.

This is because the liquid nitrogen “may not completely evaporate before reaching the consumer or may leave the product at an extremely low temperature, posing a significant risk of injury.”

Dining out at a restaurant has the potential to be disastrous when it comes to dangerous ingredients and potential allergens. Even what seems like minor mistakes can have big consequences.

While the circumstances of this case involving liquid nitrogen might be rare, serious injuries and illnesses can and do occur at restaurants. Other issues that can turn your dining experience into a nightmare include:

  • Food poisoning
  • Undeclared allergens
  • Foreign materials in food, like plastic or glass
  • Burns
  • Choking and improper CPR efforts

The above issues can be quite traumatic and result in serious injuries that can lead to hefty medical bills, lost wages, and physical and emotional pain and suffering. Let’s say someone has a peanut allergy and orders a dessert that they are told does not contain nuts. If they are served the wrong dessert they could suffer a life-threatening allergic reaction, leading to hospitalization. Restaurant owners invite guests onto their premises. Therefore, they are responsible for any foreseeable injuries or damages. In order to hold them legally accountable for any injuries, the damage must have been predictable or preventable. If a server knowingly serves a beverage at a scalding hot temperature, the injury to a patron might be foreseeable. However, if a patron spills their water and another person slips and falls within a few minutes, they restaurant may not be liable as the event was unforeseeable, and the staff just did not have enough time to prevent the mishap. 

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There are 200 new laws that were passed during the 2019 Florida Legislative Session and signed by Florida Gov. Ron DeSantis.

Some take effect July 1. Other laws will go into effect Oct. 1 and Jan. 1.

Here is what takes effect July 1, 2019: 

HB 7065 – AOB Reform

This reform provides for substantial changes in the way insurance benefits may be assigned to third parties. Defines “assignment agreement” and establishes requirements for the execution, validity, and effect of such an agreement; Transfers certain pre-lawsuit duties under the insurance contract to the assignee and shifts the burden to the assignee to prove that any failure to carry out such duties has not limited the insurer’s ability to perform under the contract; Requires each insurer to report specified data on claims paid in the prior year under assignment agreements by Jan. 30, 2022, and each year thereafter; allows an insurer to make available a policy prohibiting assignment, in whole or in part, under certain conditions; Revises the state’s one-way attorney fee statute to incorporate an attorney fee structure in determining the fee amount awarded in suits by an assignee against an insurer; requires service providers to give an insurer and the consumer prior written notice of at least 10 business days before filing suit on a claim. 

HB 301 – Insurance “Omnibus” bill

Allows insurers to provide multi-policy discounts when homeowners and auto policies are purchased through the same agent; increases the reimbursement from the Florida Hurricane Catastrophe Fund for loss adjustment expenses from 5 percent to 10 percent of reimbursed losses beginning with contracts issued after June 1, 2019; provides that workers’ compensation insurance applicants and their agents are not required to have their sworn statements notarized. Also enacts several updates for the Florida Surplus Lines industry, including eliminating a prescriptive cap on surplus lines agent policy fees (currently $35) and replacing it with a requirement that the fee be “reasonable” and separately disclosed to the customer. In addition, the residential dwelling replacement cost has been decreased to $700,000 from $1 million as it relates to “diligent effort” procedures. Makes changes to civil remedy notices and the appraisal process.

HB 617 – Flood Insurance Disclosure

Revises circumstances under which insurers issuing homeowners insurance policies must include a specified statement relating to flood insurance with policy documents at initial issuance and renewals. Fixes an oversight in previous legislation that required property insurance policies to prominently display that they don’t provide flood or other coverages, which didn’t contemplate “endorsement” of coverages onto property insurance policies. This bill requires the flood insurance portion of the notice only when the policy does not include flood coverage.

HB 107 – Hands Free Driving Requirement

Prohibits a person from operating a motor vehicle while using a wireless communications device in a handheld manner in a designated school crossing, school zone or work zone; authorizes a law enforcement officer during a specified period to stop motor vehicles to issue warnings to people who are driving while using a wireless communications device in a handheld manner in a designated school crossing, school zone or work zone; requires all law enforcement agencies to maintain such information and report it to the Department of Highway Safety and Motor Vehicles in a form and manner determined by the department, etc. 

HB 311 – Autonomous Vehicles

Exempts autonomous vehicles and operators from certain prohibitions; provides that human operator is not required to operate fully autonomous vehicle; authorizes fully autonomous vehicle to operate regardless of the presence of human operator; provides that automated driving system is deemed operator of autonomous vehicle operating with system engaged; provides requirements for insurance and operation of on-demand autonomous vehicle networks; revises registration requirements for autonomous vehicles; provides for uniformity of laws governing autonomous vehicles. 

SB 1024 – Blockchain Technology Task Force

Establishes the Florida Blockchain Task Force within the Florida Department of Financial Services that will develop a specified master plan specifying duties and procedures of the task force, etc. related to blockchain technology. According to CFO Jimmy Patronis, who championed the bill, blockchain technology increases the difficulty of amending transaction records and creates a “vital avenue of transparency for the state.”

HB 1393 – Modifies Areas Regulated by the Florida Department of Financial Services

Amends various licensing statutes administered by the Division of Agent and Agency services, including creating a temporary license for personal lines agents; gives DFS authority to help insurance consumers understand the mediation process; and helps to more easily return unclaimed property to Floridians. Also provides DFS the discretion to deny, suspend, revoke or refuse to continue an insurance agency license on the grounds that another jurisdiction has taken an adverse action against a professional license held by a majority owner, partner, manager, director, officer or other controlling person of the agency.

HB 7091 – Hurricane and Flood Loss Model Trade Secrets

Removes the scheduled repeal date of the public record and public meeting exemptions maintaining that the public record exemption for a trade secret used in designing and constructing a hurricane or flood loss model and provided by a private company to the Florida Commission on Hurricane Loss Projection Methodology, the Office of Insurance Regulation, or the consumer advocate; removes the public meeting exemption for any portion of a Florida Commission on Hurricane Loss Projection Methodology meeting or of a rate proceeding on an insurer’s rate filing at which such confidential and exempt trade secret is discussed; and removes the public record exemption for the recording of an exempt meeting.

SB 426 – Firefighters Cancer Benefits

Makes firefighters who are diagnosed with certain cancers eligible to receive certain disability or death benefits. In lieu of pursuing workers’ compensation coverage, a firefighter is entitled to cancer treatment and a one-time cash payout of $25,000, upon the firefighter’s initial diagnosis of cancer.

HB 1253 – Prescription Drug Monitoring Program

Gives Florida Attorney General access to information in the state’s prescription drug database to track sales of opioids. The move will help the AG’s efforts to sue drug manufacturers and pharmacies for overselling pain pills. Patient information will be protected.

SB 983 – First Responder PTSD

Ratified DFS’ rules related to workers’ compensation wage replacement benefits that are now provided in specified circumstances for post-traumatic stress disorder (PTSD) suffered by a first responder, regardless of whether the individual’s PTSD is accompanied by a physical injury requiring medical treatment. Specifies the types of third-party injuries qualifying as grievous bodily harm of a nature that shocks the conscience for the purposes of allowing wage replacement benefits for first responder PTSD.

Our Florida Personal Injury Attorneys at Whittel & Melton help injury victims recover financial compensation after they have been involved in accidents. This monetary compensation is needed to cover expenses associated with medical care, lost wages and all other financial damages incurred. 

Every state has specific laws, and the Sunshine State is no exception. Our Florida Injury Attorneys know every auto accident law, insurance laws, etc. and how they pertain to your case. We can also tell you the proper county and court to file your claim, what you are likely to be awarded and the odds of your case going to trial or settling out of court.

We will provide you with expert legal advice, explain your rights and represent you in court. There are many other things we do for clients, such as file motions, conduct depositions, analyze insurance policies, obtain and review medical records, conduct negotiations with the insurance company, create exhibits for trial, negotiate medical bills, and prepare any witnesses and the client for trial, just to name a few. 

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Florida’s new distracted driving law, or texting while driving, goes into effect July 1, and law enforcement agencies across the state are preparing for how they will enforce it.

As far as enforcing the rule, a Hillsborough County Sheriff’s spokesperson said it will be done on a case-by-case basis.

The Sheriff’s Office said texting violations will be treated like any other primary offense traffic violation.

Deputies expect challenges from drivers trying to find loopholes around getting a citation, because they exist.

According to officials, drivers can still use their GPS, look at weather or traffic alerts, or call in an emergency.

Traffic judges might see more work as a result.

Pinellas County Sheriff’s officials said their enforcement will go through an education period. They’ll give out a warning the first time.

But drivers better make changes, because getting pulled over multiple times for texting while driving will end up in a ticket.

A hands-free requirement while driving in school and work zones goes into effect in October.

Citations will not be handed out for this violation until January 1, 2020.

This new law that makes texting while driving a primary offense as opposed to a secondary offense is meant to curb dangerous and deadly behavior while behind the wheel. Distracted driving accounts for more teen deaths than drunk driving, and kills 9 people of all ages every day across the U.S., according to the Centers for Disease Control and Prevention. Car crashes in Florida rose by 11 percent from 2013 to 2016, but collisions caused by problems stemming from distracted driving, like drifting out of a lane, sideswiping another car or simply blowing through a stop sign, increased by 40-50 percent.

If you or someone you love has been injured in a distracted driving accident, our Florida Injury Attorneys at Whittel & Melton can investigate your crash thoroughly and determine if the other driver involved in your accident was using their cellphone or otherwise driving while distracted. We will use this evidence to establish that the other driver was indeed at fault, which may result in a more favorable outcome when pursuing financial compensation.

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