Wrongful Death

July 5, 2011

Daytona Beach, Florida Drowning Fatality Attorneys :: A Two-Year-Old Boy Drowns in Hotel Swimming Pool

by Whittel & Melton, LLC

Daytona Beach Shores police confirmed a two-year-old boy drowned at a hotel pool yesterday shortly after noon. The boy was apparently surrounded by many people in the pool, but went undetected underwater for nine minutes.

The boy was whisked out of the pool and transported to Halifax Health Medical Center in Daytona Beach, Florida where he was declared dead.

According to police, the case remains under investigation.

The Daytona Beach News-Journal reports six other drowning cases involving children under four have occurred this year in family swimming pools in Volusia County.

The U.S. Consumer Products Safety Commission just released its 2011 summer snapshot of drowning and near-drowning deaths across America, which reports that since Memorial Day there have been 48 drowning fatalities and 75 near-drowning accidents in 35 states across the country. Of those states, Florida ranks second with 13 total incidents. The Centers for Disease Control and Prevention has reported that drowning is the second leading cause of death amongst children under the age of 14.

A swimming fatality at a hotel, community, school or public pool needs to be investigated by qualified lawyers and investigators immediately. Similarly, a drowning at a neighbor’s home are frequently litigated as many communities hold homeowners responsible for safety precautions such as child access gates to prevent such events. If you feel you have an event worth investigating, call our firm immediately toll-free 866-608-5529.

When careless actions by the owners of a pool facility are carried out, tragic drowning accidents can occur to people of all ages. If you feel a negligent situation lead to the death of your loved one, contact Whittel & Melton for a free consultation to discuss the circumstances surrounding your case. We will work to establish whether the details you provide pinpoint a negligent party and then work towards gathering evidence to prove who is responsible for your family’s suffering.

May 3, 2011

The Villages, Florida Accident Injury Attorney :: Villages Resident Killed by SUV While Waiting for Shuttle Launch

by Whittel & Melton, LLC

The Wrongful Death of a 70-year-old resident of The Villages occurred when a sport utility vehicle struck and killed the man while he crossed a Titusville street. He was visiting the Space Coast to see the launch of space shuttle Endeavour, which never launched due to technical difficulties.

According to Orlando reports, the man was hit, just before noon, by a 2002 Honda CRV. Investigators said that pedestrians were packed into the area and cars were parked on both sides of the four-lane highway where the accident occurred.

Police supposedly said the man was not in a crosswalk when he was hit. He was flown to Holmes Regional Medical Center where he was pronounced dead around 5 p.m.

An investigation into the crash is still underway and charges are pending against the driver. Alleged skid mark lengths at the scene indicate that speed may have been a factor that caused the collision.

Federal statistics show speed as a causal factor in one out of every three fatal car crashes. According to government statistics, the probability of death, disfigurement or debilitating injury doubles for every 10 mph over 50 mph. Speeding can reduce a driver’s capability to maneuver securely around curves or objects in the roadway as well as lengthen the distance necessary to stop a vehicle in a crisis.

The severity of a motor vehicle crash increases with speed. Likewise, the effectiveness of automobile restraint devices and safety precautions, like air bags and seat belts weaken with amplified speed. Many drivers fail to see the grave dangers speeding creates. To many Florida drivers, accelerating speed to a few miles an hour over the speed limit is a suitable gamble, thinking the worst result could be a speeding ticket. However, the facts are crystal clear-driving too fast for certain settings or operating a vehicle excessively over the speed limit can kill you and others.

April 19, 2011

Ocala, Florida Workplace Accident Lawyer :: Ocala Man Dead After Being Crushed by Loader

by Whittel & Melton, LLC

A 56-year-old Marion County father of three was killed Friday after a front-end loader fell on him while working at Construction Tire & Industrial Supply in Ocala, Florida. The Ocala Police Department and Ocala Fire Rescue Officials were on the scene shortly before 9:30 a.m.

According to the Ocala Star Banner, other employees had used a forklift to lift the front of the loader off the victim before rescue crews arrived. The man was airlifted to Shands at the University of Florida in Gainesville in critical condition. He was reported dead by Ocala Police officials around 1 p.m.

The deceased was changing a tire on the loader when the left side gave way and fell on top of him. He was trapped by the Volvo L90E wheel loader with an operating weight of 33,290 pounds.

Officials with OSHA in Jacksonville continued their investigations until the late afternoon.

Some jobs are naturally risky forms of work. Workers’ Compensation laws happen to exist for the protection of employees who get injured on a work site or in the line of performing their jobs. Florida’s worker’s compensation does pay a portion of the injured worker’s wages and medical bills. Generally, these payments prohibit suing the employer, but when a third party is responsible, such as the builder of defective equipment and machinery, exceptions can be applied to hold other negligent individuals or businesses liable when they may have performed a task that caused the worker’s injury to occur. These compensation laws also entitle family members of the deceased to death benefits.

April 11, 2011

Gainesville, Florida Wrongful Death Attorney :: Bicyclist in Critical Condition Following Crash

by Whittel & Melton, LLC

An adult male bicyclist was critically injured in Alachua County, Florida Monday after he was allegedly struck by a car, sending him through the windshield. The crash occurred around 3:45 p.m. on U.S. 441 near Micanopy, FL.

The highway was briefly closed so that a helicopter could land.

Cycling in Florida is very popular given that the weather allows for this activity to be enjoyed any time of year. In 2007 the Department of Highway Safety and Motor Vehicles reported that over 4,800 bicycle accidents resulted in 4,303 injuries and claimed the lives of 121 bicyclists. In its June 29, 2010 report the DHSMV showed that bicycle fatalities decreased 15 percent between 2008 and 2009 from 118 to 100.

A bicyclist injured on the roadways is usually the result of a careless or negligent driver. Cyclists sharing the road with motor vehicles can have complications such as limited sight lines and slower reaction times that can cause severe injuries or even wrongful death. Wrongful death occurs when another person’s negligence is the legal cause of an injury that leads to someone’s death that was otherwise avoidable. While different from murder, which is intentional, wrongful death is the result of an accident that transpired due to careless behavior or misconduct.

March 15, 2011

New Port Richey, Florida Wrongful Death Attorney :: Hudson Woman Charged in Crash Killing a Triplet

by Whittel & Melton, LLC

A 5-year-old girl was killed on Nov. 5 in her front yard after an enraged Hudson, Florida woman got behind the wheel of her car and sped away from her house after a fight with her boyfriend.

Florida Highway Patrol estimates that the Jeep accelerated to somewhere around 44 mph before the woman lost control of her vehicle. The collision site was about 50 paces from the woman’s home.

The Florida woman allegedly lost control of her vehicle and jumped a curb, flattened a neighbor’s mailbox and smashed into a neighbor’s yard. She then hit a parked truck and drove into a group of small children, including the triplets. Two of the three were hit.

The woman was allegedly ejected from the Jeep, which kept rolling and hit the triplets’ parents’ van parked in their driveway.

One of the two triplets was pronounced dead the following morning at St. Joseph’s Hospital in Tampa.

The other triplet hit by the accident suffered two weeks in the hospital with two broken clavicles, a broken pelvis, several broken ribs, a broken right leg, a collapsed lung and internal bleeding, according to the St. Petersburg Times.

The woman driving the vehicle suffered minor injuries. She faces criminal charges of vehicular homicide, reckless driving involving serious bodily injury and reckless driving involving property damage. She was issued infractions for no insurance, defective equipment and not wearing a seat belt.

The Hudson woman remained in Pasco County jail Friday evening with bail set at $15, 250.

Most motor vehicle accidents are unintentional and due to a driver’s distraction, which in this woman’s case was frustration from a disagreement with her boyfriend. For the vehicular homicide charge this woman is facing a Second Degree Felony with high fines and a maximum sentence of 15 years imprisonment along with a license revocation for a three-year minimum.

A wrongful death can transpire when the actions of a person are found to be negligent and the legal cause of another individual’s injury ultimately leading to death that could have been avoided. Under Florida law, the victim’s family would need to file a lawsuit within two years of the accident. Other forms of civil lawsuits must be filed in four years, so it is important for the family to act swiftly if they choose to file a claim so they do not lose the ability to do so.

November 9, 2009

University of Florida grad tragically dies in Gainesville Car Accident

by Whittel & Melton, LLC

The Gainesville Sun is reporting that a 24 year old woman was tragically hit by a car and killed Monday night on Archer Road in Gainesville.

According to police, the accident occurred at 6:45 p.m. while the young woman was walking south in the 2300 block of Archer Road. Apparently, she was not walking in a crosswalk when an eastbound driver moved into the center lane of the three-lane roadway to avoid a group of pedestrians, and hit her. Police spokesman said it appeared the left front bumper of the car struck the pedestrian, who rolled on top of the hood. She was pronounced dead a short time later at the trauma unit at Shands at the University of Florida.

Alachua County traffic homicide unit officials do not believe that was due to drug or alcohol impairment.

Although it is probably not the first priority on their minds today, the victim’s family may have a claim for wrongful death against the driver. Generally, under Florida law, Wrongful Death actions are lawsuits that arise after an individual dies as a result of the negligence of another. In Wrongful death actions, a lawsuit must be filed within two years of the accident, instead of the usual four years that is required in other civil lawsuits. It is for this reason that it is so important for families who have lost a loved one e due to the negligence or carelessness of another, to contact an experienced wrongful death attorney promptly to discuss their case—otherwise, they may lose the ability to assert a claim.

March 16, 2009

Hernando County Wrongful Death Attorney News Update: Hernando Beach, Florida Man Dies in Single Car Accident

by Whittel & Melton, LLC

As reported by the Hernando Times, a local VFW commander and family man was driving his truck home and lost control, slamming the vehicle into a tree. According to the Florida Highway Patrol this single-car fatality is still under investigation, but preliminary notes show the accident to have occurred around 1 a.m.

It is not uncommon in single-car fatality crashes to learn that not all vehicles suddenly go out of control. If an investigation or reconstruction shows that a motor vehicle car crash is as a result of another driver or flaw in the road construction, design or engineering, than a Wrongful Death action could begin.

Often times, people ask, how you can make a financial recovery for a grieving family when a loved one dies at the hands of an unknown driver? Who do you sue? Simply put, this is exactly why when purchasing car insurance, one must purchase under or uninsured motorist protection or also called UM or UIM. For instance, in the above mentioned fact pattern, should it be learned that this driver was merely avoiding another driver who was traveling on the wrong side of the road, then by definition an action could be brought on behalf of the Personal Representative of the Estate of the deceased individual. Because we do not know the identity of the other driver, he is by definition underinsured or uninsured – in the injury legal community, we refer to this driver as a Phantom Vehicle.

In addition, there have been matters brought due to the lack of maintenance or the poor engineering of a road in a single car accident. These are more conventional legal actions, as the Florida Department of Transportation or the local County or Municipality will have hopefully have insurance for their roads and maintenance and engineering.

March 10, 2009

Hernando County Wrongful Death Lawyer News Update: Hernando County Sheriff’s Captain Killed in Car Crash

by Whittel & Melton, LLC

Hernando County was stunned when 42-year old Captain Scott Bierwiler was struck and killed in a head-on collision with a Hernando County youth while driving to work.

Reports indicate that the Hernando County law enforcement official was traveling to work at 5:45 a.m. when a 16-year old driver crossed over the median with his parent’s Mitsubishi Montero. The accident occurred on Powell Road, just south of Brooksville, in unincorporated Hernando County.

Legally, a Wrongful Death action could be filed by the Personal Representative of the Estate of Captain Bierwiler against the family of the driver of the Mitsubishi vehicle. It is also possible that a potential Worker’s Compensation claim could be made against Hernando County Worker’s Compensation carrier.

February 13, 2009

Hernando County Auto Accidents injures one and leaves another dead

by Whittel & Melton, LLC

A Brooksville, FL woman was killed when she was struck by a Hernando County motorist traveling on US 41. According to the Hernando Times, the Florida Highway Patrol is conducting a traffic fatality investigation and has yet to charge the Spring Hill, FL man who struck the 33-year old Brooksville woman as she attempted to walk across the busy street. Fatality investigations can take weeks or months to conclude.

On this same evening on the other side of Hernando County there was another fatal car accident, involving an 18 year old Spring Hill woman who was tansported to the hospital for injuries sustained whne she lost control of her motor vehicle while traveling on Mariner Blvd. in Spring Hill, Florida. Hernando County law enforcement estimated that that crash involved $25,0000 in property damage.

In all auto injury and wrongful death matters, a complete investigation must be conducted to assess the who is liable for the accident, applicable insurance coverage and the totality of the damages. The sooner a Hernando County Personal Injury Attorney is contacted, the better the car accident investigation will be.