Articles Posted in Wrongful Death

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.

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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.

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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

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.

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Former Kissimmee mayor, state lawmaker and Osceola County commission chairman Frank Attkisson was struck and killed while riding his bicycle Thursday.

The Florida Highway Patrol said Attkisson, 61, was riding his bike on Kissimmee Park Road near Lake Tohopekaliga Road about 7 p.m. Thursday, when he was struck from behind by a Hyundai Elantra.

Attkisson was pronounced dead at an area hospital. The Hyundai’s driver was not injured.

The crash is under investigation.

After serving on the Kissimmee Planning Advisory Board, Attkisson was appointed to fill a vacancy on the City Commission in 1990 and elected mayor in 1996. He was credited with enhancing the municipal airport, creating a reading program for students and pioneering a community-sponsored charter school.

Attkisson was elected to the state House in 2000 and re-elected three times, prior to returning to local government when he won a seat on the Osceola County Commission in 2010. He was elected to chair the commission in 2012, but was one of two incumbents ousted by challengers in 2014.

Bicycling has always been a popular form of recreation for Florida residents. Because of the mostly warm year-round climate, many Florida residents turn to bikes as an alternative form of transportation outside of passenger vehicles. However, due to the design of Florida’s roadways, bicyclists are extremely vulnerable to cars and other vehicles. It is not uncommon for bicyclists to be involved in automotive collisions.

A bike is no match for a passenger vehicle, SUV or truck. If someone you care for was killed in a bicycle accident that was caused by a negligent driver, you may have grounds to file a wrongful death claim. A Florida Wrongful Death Lawyer at Whittel & Melton can help you explore your legal options.

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Shaquille O’Neal has bought new furniture for the family of a 5-year-old Atlanta girl who survived a dog attack that left another child dead.

According to reports, the girl returned home this week after being hospitalized since the Jan. 17 attack. The two children were walking to a bus stop when they were attacked by two dogs. One died from his injuries. The dogs’ owner has been charged with involuntary manslaughter and reckless conduct.

O’Neal met the family at an Atlanta furniture store and picked up the tab for new items. The family said that the former NBA star and current TNT analyst has been involved with the family since the attack.

This may come as a surprise, but nearly 4.7 million Americans are attacked by dogs every year. These attacks result in 800,000 people requiring medical treatment for their injuries. Sadly, the dog attacks that result in fatalities usually involve innocent children.

It is true that most dogs go through their lives without delivering harm to anyone. However, most does not mean all and traumatic dog attacks do happen. If a victim survives a dog attack, they are usually left to deal with painful, permanent scarring to the face and body.

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The most wonderful time of the year is also among the deadliest.

According to an analysis by the Associated Press and the USA Today Network, unintentional shootings spike in the U.S. during the holidays.

The analysis determined that 32 people were killed nationwide and 59 injured over the past two years from Christmas Eve through New Year’s Day — which is the most likely day for accidental shootings each year.

The victims were mostly male and young, with a median age of 19. Nearly half the shootings were self-inflicted, and most occurred in their own homes.

The AP and USA Today Network looked at holiday shootings after an earlier investigation found that accidental shootings involving children happen far more often than federal government statistics show.

Based on incidents compiled by the Gun Violence Archive, they found that more than 320 minors were killed by unintentional shootings over a 2½ year period that ended June 30.

Several factors contribute to the increase:

  • Children and teenagers are out of school for the holidays and have access to unsecured guns at their homes and those of relatives and friends.
  • Adults are drinking alcohol and inattentive to gun safety or their children.
  • New guns are given and received as gifts in the tens of thousands.
  • It’s a popular time of year for hunting.

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A man was arrested after a selfie with a handgun in the bathroom of an adult entertainment club went wrong on Friday.

St. Petersburg police said that the 34-year-old man went to the bathroom at Club Lust to take a selfie with the gun.

Somehow, the gun went off and the bullet went through to the women’s restroom next door.

Police said that the man tried to run. He was arrested and charged with being a convicted felon in possession of a firearm, possession of Xanax and possession of marijuana less than two grams.

It is unknown if anyone in the women’s restroom was injured by the bullet.

Gun violence is a huge problem across the United States. In fact, according to statistics from the Centers for Disease Control, someone in America is killed by gunfire every 15 minutes. While the Second Amendment allows people the right to bear arms, handling guns carelessly can result in real serious harm to innocent bystanders.

Guns should never be used or handled in a joking manner. Injured victims of gun accidents have the right to seek financial compensation for all damages. Our Florida Injury Lawyers at Whittel & Melton can help you recover the full amount for all medical bills, lost wages and pain and suffering related to a gun accident. If you lost a loved one in an accidental shooting, we can help you file a wrongful death claim.

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A former Nease High School student was struck by a vehicle while riding a skateboard Monday afternoon on Ray Road near the high school, according to authorities.

The St. Johns County Sheriff’s Office said the young man was airlifted to a hospital with serious injuries.

No further information is available at this time.

Skateboarders, just like pedestrians, can suffer serious injuries when they are hit by cars. Because skateboarders are exposed, any impact from a vehicle can result in severe bodily harm. If you or someone you love has been involved in an accident while skateboarding, our Florida Injury Lawyers at Whittel & Melton can help.

Liability in these types of accidents can depend on various factors. Was the driver abiding by all traffic laws? Was the driver operating their vehicle at the appropriate rate of speed? Were they in the proper lane? In many of these cases, drivers are not operating their vehicle properly. A driver that failed to observe the  rules of the road will likely be found liable for all injuries they cause.

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As you and your loved ones get together today and the rest of the week to celebrate the Thanksgiving holiday, please have safety on your mind as the roads can be crazy out there! With Black Friday shopping starting Thursday evening, there are sure to be many drivers on the roadways at all times of the night and early morning. It is today, though, that is a growing concern for many. The day once innocently called Thanksgiving Eve by those anticipating all the celebrations of the next day, has become known as Blackout Wednesday to bars, law enforcement, and hospitals around the country. This night sees a marked increase in drunk-driving injuries and deaths.

There are many reasons that the day before Thanksgiving has become one of the year’s busiest nights for bars and clubs. College students and recent grads coming home for the long weekend and reconnecting with old friends is one reason for the increase in DUI accidents and deaths. Another reason is that most professionals are off work on Thanksgiving, so a quick drink after work can escalate into a full night out.

While there is absolutely nothing wrong with going out tonight and having fun, please be prepared if you are consuming alcohol. Before you go out, know how are you getting home. Do not drive if you have had too much to drink and do not ride with anyone else who is not sober. Just by being on the road your risk of being involved in an alcohol-related accident is about 30 percent higher from Blackout Wednesday through the New Year’s holiday, according to the National Highway Transportation Safety Administration.

It does not take much effort to be prepared for a good time. Plan ahead for a Lyft or Uber to pick you up and get you home safe. You can always just call a taxi.You can even designate a friend to stay sober and get everyone home in one piece. Just remember, if you are buzzed, you are drunk. Don’t jeopardize your future or the safety of others on the road.

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