Wrongful Death

August 20, 2012

What You Need to Know About Mesothelioma :: Whittel & Melton

by Whittel & Melton, LLC

Mesothelioma is a form of cancer that is generally caused by asbestos exposure. Asbestos is a group of minerals that form naturally in the environment as bundles of fibers that are resistant to heat, fire and chemicals. Unfortunately, inhaling or swallowing just one of these fibers can cause the malignant cancer known as mesothelioma. Symptoms associated with mesothelioma can occur slowly, and may not appear until 15-50 years after exposure. Every year across the United States, an estimated 2,500 to 4,000 patients are diagnosed with mesothelioma.

Mesothelioma usually attacks the outer linings of the lungs or chest cavity, the belly, the sac around the heart or the bowels. This terminal cancer has been known to cause a “pneumothorax,” which is a complete collapse of the lung. There is no known cure for mesothelioma, and sadly, most patients diagnosed with this cancer are given less than a year to live.

Identifying the point of exposure to asbestos can be very difficult as the long latency period makes it tough for patients to accurately remember where or when they may have been exposed to asbestos particles in the air. For the most part, cases of mesothelioma have been linked to asbestos exposure in the workplace. Asbestos exposure can result from performing the following activities in the workplace:

• Insulating Pipes
• Milling or Mining Materials
• Continual Maintenance of Railroad or Automotive Brakes
• Handling Roof Shingles, Flooring Materials, Cement Gaskets and Similar Products
• Fireproofing Ships and Buildings
Diagnosing mesothelioma can be challenging as symptoms are non-specific and can be indicators of other minor health problems. Symptoms of mesothelioma can include coughing, wheezing, difficulty breathing, chest or back pain, chronic hoarseness, difficulty swallowing and swelling of the face and arms. Many people experiencing symptoms similar to these believe they are suffering from a common cold and not something far more serious. The only way for a physician to properly diagnose mesothelioma is to perform an X-ray and CT scan of the chest cavity.

July 27, 2012

Nurse Found Negligent in Fatal Latex Allergy Case :: Whittel & Melton

by Whittel & Melton, LLC

A jury recently awarded a surviving husband $4 million in a wrongful death suit as a result of a nurse’s error that eventually claimed the life of his 29-year-old wife.

The man’s wife went in for a hysterectomy, but medical professionals failed to recognize the woman had a latex allergy. After surgery, the woman expressed that she was itchy, felt nauseous and had blisters on her lips. She was provided Benadryl for the itchiness and the nausea was attributed to the anesthesia.

A day later, the woman was placed on a ventilator and moved to the intensive care unit. She died just four days after surgery.

The hospital’s allergy policy requires that every patient’s allergies be documented prior to admission. Listed allergies are supposed to be recorded in case they can be linked to any unknown allergies that could result in complications. The woman noted that she had an allergy to chestnuts, which can be a sign of sensitivity to latex. According to the hospital’s policies, this information should have been recorded on her chart and been displayed in her hospital room.

However, the nurse that evaluated the woman was unaware of the hospital’s procedures. Her death was found to be caused by the use of latex in her surgical procedure and subsequent treatments eventually leading to anaphylactic shock.

While the jury did not find the surgeon negligent, they did hold the hospital accountable for the nurse’s negligence.

The jury awarded $516,000 to the wrongful death beneficiaries and $4,175,000 to the woman’s estate.

When it comes to medical malpractice, people generally think of mistakes made by doctors. However, nurses also play a serious part in the treatment of patients. A nurse’s error or wrongdoing can be just as harmful as a mistake made by a doctor or surgeon.

A nurse can be found negligent for a variety of reasons, including:

 Documentation errors
 Failing to monitor a patient properly
 Medication overdose or error
 Failing to call or notify a doctor of a patient’s condition in a timely fashion
 Not properly recording a change in a patient’s condition
 Incorrect use of a medical device
 Failing to attain informed consent

July 6, 2012

Retired Astronaut Killed in Jet Ski Collision Off of Pensacola Beach

by Whittel & Melton, LLC

A 51-year-old retired astronaut was killed Sunday afternoon while riding on a jet ski with his 22-year-old son off of Pensacola Beach.

Florida Fish and Wildlife Conservation Commission officials claim the man’s 26-year-old son crashed into them with another jet ski.

According to reports, the 26-year-old hit the rear of his father’s jet ski, knocking his father into the water.

The man was pulled onto the beach where friends apparently performed CPR. He was pronounced dead at the hospital.

The man’s two sons were not injured.

The fish and wildlife agency is still investigating the crash.

Jet skiing can be an enjoyable water activity when performed safely and under the supervision of experienced professionals. Unfortunately, some people that engage in jet skiing, tubing, wakeboarding or waterskiing behave recklessly putting themselves and those around them at serious risk for injury or death. Jet ski accidents tend to occur between other riders and fixed objects in and around the water. While no one expects to be injured by another driver when jet skiing, these accidents can and do happen.

According to the U.S. Coastguard, a person is more likely to sustain injuries on a jet ski than on any other type of personal watercraft. Victims of jet ski accidents may suffer head trauma, broken bones, spinal cord injuries end even death. While collisions are one way jet ski drivers may become injured, defective equipment may also cause just as severe injuries including severe burns, amputation and carbon monoxide poisoning. When defective equipment is to blame for a serious jet ski accident, the fault may lie with the rental company that supplied the damaged jet ski or with the manufacturer who sold a defective product.

The Florida Jet Ski Accident Attorneys at Whittel & Melton can help you and your loved ones obtain the compensation to which you are entitled to following a jet ski or boating accident. Wrongful death and personal injury claims involving jet ski or personal watercraft accidents usually contain complicated legal and technical issues. At Whittel & Melton, we can help you hold the reckless or negligent parties responsible for your losses accountable for their actions so that you can obtain full and fair compensation for your suffering.

June 19, 2012

Federal Authorities Shut Down 26 Curbside Bus Companies Due to Safety Violations :: Whittel & Melton

by Whittel & Melton, LLC

U.S. transportation safety regulators shut down 26 bus companies last month operating curbside bus routes primarily on the I-95 corridor, Florida and the East Coast for alleged safety violations.

This action is the result of a larger investigation into crashes in New York and New Jersey last year that killed 17 people.

Officials claim U.S. Transportation Department truck and bus regulators served shutdown notices to three companies and their affiliates – Apex Bus, Inc., I-95 Coach, Inc. and New Century Travel, Inc.

All other operators that received citations were apparently associated with one of the three companies.

Regulators cited multiple safety violations, including drivers without a valid commercial license and vehicles not regularly inspected or repaired.

The bus companies transported passengers along Interstate 95 from New York to Florida.

Despite previous orders to stop service, several operators were still in business and three other companies were attempting to apply for operating authority.

While the commercial bus industry maintains a good safety record, federal accident investigators have apparently been pushing the Transportation Department to toughen up.

The crackdown started as a result of an investigation into curbside bus services to East Coast cities from New York’s Chinatown last year. The investigation by local authorities stemmed from several fatal crashes occurring in the Bronx last year that killed 15 people and on the New Jersey Turnpike that killed two others.

Congress is apparently contemplating legislation that would provide U.S. safety officials with more authority and tools needed to regulate commercial bus operators.

Public transportation accidents happen every day, often resulting in serious personal injuries and even wrongful death. If you or someone you love was injured in a bus accident, it is important to understand your legal rights. You may be able to pursue compensation against the transportation provider for past and future medical expenses, pain and suffering, disability, disfigurement, lost wages and other expenses.

There are numerous organizations that can own and operate buses for public transportation, including government entities and school districts. Often bus companies and agencies have their own experts and attorneys that handle any mass transit accidents. However, these transit companies will often try and limit their responsibility for any damages you suffered whenever possible. The Florida Bus Accident Injury Attorneys at Whittel & Melton can guide you and your loved ones through the legal process required for you to recover complete compensation. We can make sure your rights are protected and that you are treated with the respect you deserve. Before you speak with an insurance or bus company representative, make sure to speak with the Florida Bus Accident Injury Lawyers at Whittel & Melton first.

June 15, 2012

CDC Statistics Show Helmet Laws Reduce the Number of Motorcycle Accident Deaths :: Whittel & Melton

by Whittel & Melton, LLC

According to a new federal study released Thursday, fewer motorcyclists are killed in states that have helmet laws.

The Centers for Disease Control and Prevention performed a study that found nearly five times as many no-helmet motorcycle deaths occur in states that have less restrictive laws.

Researchers with the CDC looked at a government tally of fatal traffic crashes, focusing on the counted 14,283 motorcycle deaths from 2008 through 2010.

This number included 6,057 bikers not wearing a helmet. Research shows about 12 percent of those deaths occurred in the 20 states that require everyone on a motorcycle to wear helmets.

Not only do helmet laws save lives, they lower the costs to society as well, according to the CDC.

The CDC Director claims that more than $3 billion in economic costs were saved in 2010 due to helmet use. If all bikers would wear helmets, another 1.4 billion could have been saved.

More money is apparently saved per registered bike in states that require helmets than in states with fewer restrictions, $725 versus $200, CDC researchers estimated. During the time the study was conducted, three states – Illinois, Iowa and New Hampshire – had no helmet laws in place and another 27 states only required helmet laws for teen bikers or other particular riders.

A total of 20 states had universal helmet laws set in place for bikers.

Motorcycle riders have argued that it should be their choice whether or not to wear a helmet, claiming only a small percentage of motor vehicle accidents involve motorcycles.

While motorcycles account for about 3 percent of the registered vehicles on the road, 14 percent of the people killed in traffic accidents are bikers, according to the CDC.

The state of Florida has a partial helmet law, mandating bikers under the age of 21 wear a helmet, while bikers over the age of 21 are not required to wear a helmet with proof of a medical insurance policy. Wearing a helmet can reduce the risks of serious injuries and save lives. While biking provides riders with a sense of freedom, it is important to understand that motorcycles are inherently dangerous, thus requiring the use of proper safety equipment.

The CDC encourages bikers to be responsible on the road and follow these safety guidelines:

• Always wear a helmet.

• Wear protective clothing that can provide some level of protection from injuries.

• Never operate a motorcycle after consuming alcohol.

• Do not partake in reckless driving or tailgating.

• Maintain a safe speed and always exercise caution when traveling over gravel or slippery surfaces.

The Florida Motorcycle Injury Lawyers at Whittel & Melton assist motorcycle injury victims and the families of those who have lost a loved one due to the negligence of other motorists throughout the state of Florida. We help bikers that were injured while wearing or not wearing helmets. Unfortunately, many insurance companies try and blame helmetless riders for injuries sustained in motorcycle accidents even when it is clear that another driver’s negligence caused the accident. At Whittel & Melton, we understand that every accident has its own set of unique circumstances. We can deal with the insurance coverage issues specific to your case and guide you through the legal process of bringing a motorcycle injury or wrongful death case.

May 11, 2012

Pasco County Auto Accident Attorneys Whittel & Melton :: One Killed, Two Critically Injured in Early Morning Pasco Crash

by Whittel & Melton, LLC

One person died and two others were seriously injured following a car accident early Saturday morning in Pasco County.

Authorities believe a 32-year-old Brooksville man lost control of his 1986 Corvette around 1 a.m., causing the vehicle to spin out of control.

The vehicle apparently rotated, rolled and landed on its roof. The man and two other passengers were thrown from the car.

All three occupants were apparently not wearing seat belts.

The Brooksville man was pronounced dead at the scene. His two passengers, a 28-year-old
Spring Hill woman and a 26-year-old Spring Hill woman, were taken to Bayonet Point Hospital with critical injuries.

No other details regarding the crash have been released.

The Florida Highway Patrol is investigating the crash.

An auto accident can change your life in an instant. Whether your accident was due to another driver’s negligence or possibly poor road maintenance, you deserve to be fairly compensated for your injuries. Losing control of a vehicle, speeding drivers, rear-end collisions, running stop signs or stop lights can all cause severe injuries. It does not matter what conditions led to your accident, if someone else was at fault, the Pasco County Auto Accident Attorneys can help you recover for your damages.

If injured in a car accident, it is best to contact a personal injury lawyer before accepting any settlement offer. At Whittel & Melton, we understand the significance of calculating the known and unknown costs of injury caused by another party. We can evaluate present and future losses including lost wages, property damage, medical and rehabilitative costs, passenger injuries and loss of quality or enjoyment of life. Whether it is moving forward with a serious injury, or the death of a loved one resulting from an auto collision, the Pasco County Auto Accident Attorneys in Florida can provide you with the support needed to lessen the burden.

We will investigate the possible causes of an accident, interview any witnesses, gather evidence and establish who is to blame. Depending on the facts associated with your case, we can negotiate on your behalf with insurance companies or help guide you through the court system.
As personal injury attorneys, our main goal is to attain just compensation for the losses you, and your family, endured.

May 8, 2012

Pasco County Personal Injury Lawyers Whittel & Melton :: Spring Presents Dangers to Boaters and Swimmers in Tampa Bay-Area Waters

by Whittel & Melton, LLC

Two unrelated incidents off Fort De Soto Park at the end of April spotlight the hazards the public can face as warm spring weather moves in and people return to the water.

A 50-year-old paddle boarder has been missing since April 28 when his board was found near the north entrance of the Manatee River and his car found near Fort De Soto Park. The search has been called off, but officials still hope to locate the missing man.

The following day, a 56-year-old Clearwater woman apparently drowned in the waters near Fort De Soto’s North Beach picnic area.

While weather may not have been a factor in these two incidents, they do show people that they should exercise caution anytime they are in or near the waters, even during as placid a season as spring.

According to a Bay News 9 meteorologist, when cold fronts from winter continue to mesh with the warmer air and water spring brings, strong gusts and rip currents can be produced making it dangerous to swim or kayak or canoe or paddleboard in the open water.

Local safety experts warn the public that those erratic winds should be the top worry of anyone planning to venture into the water this spring.

Gusts of wind can create several problems for swimmers. They can create currents parallel to the shore that can carry swimmers along with them — and away from their part of the beach.

Even more perilous are strong rip currents that can sweep swimmers away from shore, and possibly fatigue those who try to fight.

Experts advise taking the following safety precautions into consideration before embarking on any water expedition:

• If operating a boat, kayak, canoe or paddleboard always make a float plan. This provides
someone with the knowledge of where you’re going and the ability to call for help if you don’t
make it back in time.

• Everyone planning a day on the water needs to check the forecast, as well as the lifeguard flags that indicate swimming conditions.

• If caught in a rip current, do not try and swim against it. Do not panic. Swim parallel until the current lessens its hold on you.

• Know and respect your limitations.

Pasco County boasts more than 30 beaches, parks and preserves that provide residents and visitors with fantastic recreational opportunities. Unfortunately accidents where people play, swim and boat can and do occur. The Florida Personal Injury Attorneys at Whittel & Melton advocate on behalf of victims injured in boating, swimming and water park injury cases. If your water-related accident was the result of someone else’s negligent actions, you may be entitled to compensation. At Whittel & Melton, we will aggressively fight for just compensation for your losses.

The Pasco County Personal Injury Lawyers at Whittel & Melton can help you recover compensation for personal injuries, wrongful deaths and other damages resulting from:

• Jet Ski Accidents
• Accidental Drowning
• Defective Safety Equipment
• Insufficient Warnings
• Swimming Pool Drain

• Charter Boat Accidents

• Pleasure Boat Accidents
• No Lifeguard on Duty
• Poorly Trained Lifeguards
• Inadequate Swimming Pool Design
• Motel and Hotel Swimming Pool Negligence
• Water Park Injuries
Most insurance adjusters involved in water-related accidents are trained to deny claims. Don’t let insurance adjusters take advantage of the situation by settling for low amounts. When you are involved in an accident, it is important to understand that you have legal rights. At Whittel & Melton, we will seek maximum compensation for your injuries. In the event of a death, we can assist family members of a loved one pursue a wrongful death claim. While we cannot change what happened, we can help you recover financial compensation so that you can focus your efforts on healing.

May 7, 2012

Pinellas County Car Accident Lawyers Whittel & Melton :: St. Petersburg Police Officer Issued Careless Driving Citation for February Crash that Killed Man in Wheelchair

by Whittel & Melton, LLC

A 26-year-old St. Pete police officer was issued a careless driving citation Thursday for a February collision that left a man in a wheelchair dead.

Investigators claim the 45-year-old victim was impaired and had marijuana in his system when he crossed a street around 4:20 a.m. Feb. 19 apparently wearing dark clothing.

It was also determined that the officer was speeding in his marked police cruiser when the accident occurred. Police estimate the man was traveling at a speed of 61 mph in a 40 mph area.

He has a traffic court appearance scheduled for May 24.

The police officer has been with the department since October 2010. An internal affairs investigation is under way and the man has been placed on administrative leave.

The victim, who the report claims had a blood alcohol content of 0.136, became a quadriplegic in the 1980s after a car crash.

Operating a motor vehicle of any kind requires one’s total attention, awareness and motor skills. Someone driving off-road, speeding, racing, using a cell phone or not paying attention to traffic lights and stop signs can cause potentially devastating injuries to other drivers or people near the road. Unfortunately, reckless or careless drivers do not always admit they are to blame. Likewise, insurance companies can be hesitant to pay claims, even when liability is obvious. If you or a loved one was injured due to someone else’s careless driving, you deserve to be compensated for your losses. To receive the best opportunity in pursuing the full and fair compensation you deserve for physical, emotional and financial injuries, it is essential to speak to the Florida Car Accident Attorneys at Whittel & Melton.

Injuries sustained from careless or negligent driving accidents depend on the severity of the collision. In accidents occurring at lower speeds, soft tissue injuries such as whiplash, cuts lacerations and bruising are common. Following a negligent driving incident, a person may also suffer sprains, strains and connective tissue injuries. Head, neck, back and brain injuries are often the result of inattentive driving accidents occurring at higher speeds. In addition, very catastrophic and debilitating injuries resulting in loss of limbs, amputation, paralysis and wrongful death can be experienced in a careless driving accident.

At Whittel & Melton, our team of personal injury attorneys works with the most qualified accident reconstructionists available. By contacting us immediately, we can get to the accident site and gather crucial evidence, fully examine the scene and obtain any witness testimony. Our thorough examination and close analysis of the facts can make the difference in your case.

March 28, 2012

Marion County Personal Injury Attorneys Whittel & Melton :: Orange Springs Airboat Accident Leaves One Man Dead, Another Injured

by Whittel & Melton, LLC

A 64-year-old Hawthorne, Florida man was killed Tuesday morning when a fishing expedition turned deadly.

According to the Florida Fish and Wildlife Conservation Commission spokesman, the operator of the boat was killed after the airboat capsized. His 50-year-old fishing buddy visiting from New York suffered minor injuries and was taken to Putnam Community Medical Center in Palatka.

The men apparently placed their airboat in the Rodman Reservoir from the Orange Springs boat ramp around 8:30 a.m. The boat rolled over about a half mile from the ramp sending both men into the water.

Both men apparently shared a life jacket and used a cooler to stay afloat.

A man in a canoe found the pair drifting and attempted to paddle them to shore. As they neared the shore, a pontoon boat arrived and the occupants put the men on their boat to take them back to safety.

The Hawthorne man was apparently unresponsive. A Marion County Fire Rescue paramedic pronounced the man dead at the scene.

FWC officials claim the men were in the water for a couple of hours.

An autopsy will be performed to determine the exact cause of death.

Investigators were still trying to uncover the sunken airboat late Tuesday.

Airboats are great for navigating Florida’s swampy marshes and generally used for tourism and fishing trips. While their flat bottoms and raised fans make them perfect for shallow waters, their speed and open nature put occupants at risk for safety hazards. Airboats can reach high speeds, making them difficult to control in the water. Even the most experienced airboat operator can find themselves in an accident, so certain safety precautions should be considered when making an outing:

• Examine the airboat and make sure everything is in working condition. A boat that is in poor condition is unreliable, making it a potentially hazardous vehicle.

• Make sure everyone on the airboat wears a life vest before getting out on the water. A life vest can sometimes be the difference between life and death, even if the water is shallow.

• Pay attention to what is going on in and around the boat.

• Check the Weather Forecast. Inclement weather can be disastrous to your boating excursion, so plan accordingly.

According to the U.S. Coast Guard, nearly 5,000 boating accidents resulted in more than 70 deaths and 3,000 injuries in 2009. An astounding 485 people drowned in Florida in 2009 with 72 percent of victims aged 25 and older, according to the Florida Department of Health. Of these drowning deaths, 73 percent were classified as capable swimmers.

Florida waters are some of the busiest in the nation, so it is no surprise that it logs numerous boating accidents. Because of this, it is in everyone’s best interests to be familiar with boating rules and regulations before a boating trip of any kind.

March 19, 2012

Florida Aggressive Driving & Wrongful Death Lawyers Whittel & Melton :: Road Rage Shooting Leaves Jacksonville Man Dead

by Whittel & Melton, LLC

A road-rage shooting taking place Friday evening resulted in the death of a 33-year-old man and the arrest of a 30-year-old Gainesville man.

The incident apparently started just before 3 p.m., and it appears the drivers pulled into the parking lot of a restaurant to settle the dispute.

The Gainesville man was charged with manslaughter and discharging a firearm in public from a vehicle within 1,000 feet of any person.

According to a police report, the deceased attempted to flee the scene after the gunfire and crashed into a home about a block away from the restaurant.

A child was riding in the back seat of the victim’s car during the incident and survived the shooting and subsequent crash.

The accused apparently called 911 after driving away from the scene.

Most people have experienced some form of frustration while driving at some point. Unfortunately for some, this frustration can quickly escalate into road rage, resulting in reckless, unsafe driving. Road rage happens to be a top cause of automobile accidents, and for drivers, bikers and pedestrians caught near an aggressive driver, these accidents can be deadly.

When drivers experience anger or frustration when driving, this can keep them from making safe, intelligent driving decisions, which in turn jeopardizes the safety of other motorists and passengers. Some of the dangerous signs of road rage can include:

• Tapping or bumping other vehicles, also known as tailgating
• Using excessive speeds
• Obscene gestures
• Physical threats and/or attacks
• Abruptly starting and stopping
• Throwing object at other vehicles
• Deliberately destroying other cars or property
If someone you love was killed as the result of a reckless or aggressive motorist’s actions, your family may seek monetary damages from the negligent party. The Florida Aggressive Driving Lawyers at Whittel & Melton understand that coping with a loss of a loved one can be difficult, especially when another person’s hostile behavior is to blame. While compensation cannot bring your loved one back following an accident caused by a driver experiencing road rage, it can help deter the driver from acting with intentional force in the future.