Florida Personal Injury Lawyers Blog

May 25, 2021

Head-On Collision with Pickup Truck Kills Two in Thonotosassa | Tampa Truck Accident Lawyers Whittel & Melton

by Whittel & Melton, LLC

Two men were killed in head-on crash in Hillsborough County early Saturday morning around 3:50 a.m., according to the Florida Highway Patrol (FHP).

The crash occurred on U.S. 301 in Thonotosassa and involved a 29-year-old Dade City man who was behind the wheel of a pickup truck heading north. For reasons that have yet to be confirmed, the 29-year-old driver crossed into the path of a 61-year-old Zephyrhills man travelling south in an SUV.

The FHP reported that the two vehicles smashed into each other, causing the SUV to rollover, fall off a bridge, and ultimately land in a ditch. The pickup spun and landed in the northbound lane.

Both drivers were pronounced dead at the scene of the crash.

Reports confirmed that both drivers were wearing seatbelts.

Pickup trucks that are full-sized are used for various purposes, including everyday travel for personal use and even tools of the trade for certain industries and professions. Construction companies often use these trucks as part of their fleet for their workers to carry heavy tools and supplies to and from job sites. Landscapers and other industries also utilize pickup trucks for their business.

Pickup trucks come in half, three-quarter, and even 1-ton size varieties, so they are larger and heavier than most passenger vehicles, which makes them more dangerous to be involved in an accident with. If you or a loved one is harmed in a pickup truck accident, then it is very important to understand your rights for holding the at-fault driver liable so that you can recover financial compensation for your injuries and all other damages.

What You Need to Know About Pickup Truck Accidents

While most pickup trucks do not require a special license in order to drive, they are used quite often as commercial vehicles. When a company leases or buys a pickup truck for their workers to drive, this dynamic can change the financial responsibility for the crash. In these cases, the at-fault driver of the truck can be responsible as well as the company that owns the truck. Accidents involving company-owned trucks can be harder to negotiate with for a variety of reasons, including:

Insurance: Pickup trucks that are used as part of a fleet for a business may have commercial vehicle insurance. For these purposes, it must be known what is exactly covered and how to maximize payouts when it comes to this kind of insurance.
Liability of the Employer: Even if an employee was driving the pickup truck, the owner of the truck/company may still be responsible for the accident.
Worker’s Compensation: Any employee drivers who are harmed in a pickup truck accident owned by the company could be eligible for worker’s comp.

There are various aspects that must be explored when it comes to pickup truck accidents. For these reasons, legal representation can be quite beneficial for pickup truck accidents, especially when the truck is classified as a commercial vehicle. This increases the complexity of the case, so you will need an attorney who fully understands insurance laws and nuances, so that you can get the compensation that you need and deserve. Our Tampa Truck Accident Attorneys at Whittel & Melton are experienced truck accident lawyers that specialize in commercial trucking accidents, so we know how to investigate these accidents and what to look for to achieve maximum compensation for the victims involved. Continue reading

May 17, 2021

3 Injured, 1 Killed in Jacksonville SUV Vs. Semi Truck Crash | Jacksonville Truck Accident Lawyer

by Whittel & Melton, LLC

A recent tractor-trailer collision in Jacksonville is still under investigation by the Florida Highway Patrol that left two girls, 8 and 10, and a 48-year-old woman injured and killed a 67-year-old woman.

The 48-year-old woman was driving a Ford Explorer and traveled into the median that caused a chain reaction that sent her vehicle slamming into a semi-tractor-trailer truck.

According to the crash report from FHP, the SUV smashed into a guardrail in the median that pushed the SUV into the right shoulder where it crashed into a semi-tractor-trailer truck that was entering the ramp to the Florida Department of Transportation Weigh Station.

The 48-year-old driver and the 67-year-old passenger were ejected from the SUV. The 67-year-old died at the scene.

According to FHP, the two girls were seriously injured, but not ejected from the SUV.

The driver of the semi-truck was not harmed.

The crash report did indicate that all parties involved in the wreck were wearing their seatbelts except for the 47-year-old driver of the SUV.

While you may be a perfectly safe driver, there are others that share the roadways with you that are not. Cra accidents of any kind can result in very serious injuries, and when you are involved in an accident with a large truck, the aftermath can be deadly. If you do survive a crash with a semi-truck, then you may suffer from catastrophic injuries leaving you with intense physical pain, the inability to work or get back to your usual daily activities.

If you have been injured in a serious truck accident or suffered the loss of a loved one in an accident with a semi-truck, then our Jacksonville Truck Accident Lawyers at Whittel & Melton are here to help you hold the at-fault party accountable for their reckless actions so that you can receive compensation for all of your losses.

Compensation for Your Truck Accident Injuries

When you trust our Jacksonville Truck Accident Attorneys at Whittel & Melton to handle your case, you can rest easy knowing that we are doing everything possible to make sure that you are adequately compensated for your injuries. Depending on the facts of your accident claim, you may be eligible to various types of financial compensation, including:

Medical Costs: The responsible party or trucking company could be required to pay for all past, present, and future medical costs that arise due to the accident.

Lost wages and Loss of Future Earnings: When someone is injured in an accident with a tractor-trailer, semi-truck, box truck, etc., then they may be left recovering from severe injuries that leave them unable to work. In certain cases, the victim may not be able to return to their previous line of work ever. The law provides for people in these situations and victims can be compensated for all lost wages, temporary or permanent.

Non-economic Damages: These damages are intended to compensate victims for pain and suffering, emotional agony, mental anguish, loss of enjoyment of life, and loss of consortium (the loss of a loved one/spouse).

Punitive Damages: These damages are set in place to sway the responsible driver from causing another accident of this kind in the future. Not every case warrants punitive damages, but we can determine if you are entitled to damages of this kind.

In order to receive financial compensation after a truck accident, you have to file a claim within a short time frame. What does this mean to you? This means you need to speak with our Jacksonville Truck Accident Lawyers at Whittel & Melton right away – there is no time to waste.

Our team of trucking lawyers will treat you with compassion to make sure your case gets the personalized attention it deserves. Not sure if you have a case? We offer free consultations and are happy to meet with you and listen to the details of your accident and provide you with our honest feedback. We service all of Florida, and have several office locations to meet you at. We also make house calls and hospital visits. You can reach us at any time of day or night by calling 866-608-5529. You can also fill out our online contact form at your convenience. Continue reading

May 3, 2021

Fiery Tractor Trailer Accident On Miami’s Airport Expressway with Florida Rapper Tafia | Florida Truck Accident Lawyers Whittel & Melton

by Whittel & Melton, LLC

A fiery crash between Florida rapper Tafia and a tractor-trailer last month shut down all lanes of SR-112/Airport Expressway in the early morning hours.

The collision occurred near NW 12th Avenue a short time after 3:30 a.m.

The tractor-trailer driver claims the other vehicle involved in the crash was speeding on the shoulder at the time of the crash, according to reports.

Officials said that the truck smashed into a concrete barrier, which caused the 100 gallons of fuel it was carrying to burst into flames.

The truck driver was luckily able to kick open the door of his cab and exit the vehicle.

Four people were involved in the accident, but none were reported to have suffered serious injuries, according to Miami Fire Rescue.

One of the people in the SUV that was involved in the crash with the truck was North Miami rapper Tafia, according to reports.

According to Miami Fire Rescue, the firefighters at the scene were able to extinguish the flames in about 10-15 minutes. The Miami-Dade County Environmental Resources Management Team was also on the scene to assist with fuel that was leaking into a storm drain.

Motor vehicles are involved in thousands of crashes on Florida roadways every year that result in tragic consequences from costly repairs to fix damaged vehicles to serious personal injuries, road shutdowns, and even death. The truth is that the trucking industry is involved in a good portion of car accidents across the country each year.

If you happen to be involved in an accident with a tractor trailer or large semi-truck, then you are much more likely to suffer catastrophic consequences as a result. Big rigs and commercial trucks weigh anywhere from 20 to 30 times more than your typical passenger vehicles on the roads, so it is easy to see why accidents with these vehicles can bring about tragic results.

All vehicles—cars, trucks, SUVs, motorcycles—can cause traffic accidents for a variety of different reasons. Speeding, distracted driving, driving under the influence of alcohol, drugs or prescription or over the counter meds, and fatigue are all leading causes of truck accidents.

Our Florida Truck Accident Lawyers at Whittel & Melton have an experienced team of truck accident attorneys on staff with decades of experience handling personal injury law cases. We are happy to offer you or your family members a free case evaluation following a truck accident so that you can fully understand your legal options.

Our Recommended Steps To Take After A Truck Accident in Florida

We know how frightening it can be when you are involved in a collision with large vehicles. Timing can be a very important factor when it comes to gathering evidence that can help with the process of filing a personal injury claim, so we always recommend contacting local authorities so that they can get to the crash site and preserve critical evidence.

If you have been injured or suffered damages to your vehicle in a truck accident, then we urge you to follow these important steps:

Call for help – Dial 9-1-1

Safety is the number one priority following a collision. If you or anyone else at the scene is injured, or could be, then call 9-1-1 right away so that everyone can get immediate medical attention and so that the police can be notified.

Medical records and an official police report are very important to support your claim after a truck accident. Once law enforcement has arrived at the scene, they can take notes of the accident, the time and location the accident occurred, and take statements from any witnesses or other drivers involved.

We want to reiterate how important it is to get medical care right away whenever you are involved in an accident. Even if you do not think your injuries are serious, you still need to be checked out by a doctor to rule out any complications that could present themselves later on.

Get as much information as you can

If you are able to, get as much information as you can from drivers, passengers, and any witnesses of the accident. You can get their names, phone numbers, email addresses, license plate numbers, driver’s license information, and insurance information. Any information you can obtain might prove useful when it comes to recovering damages following an accident.

Take pictures/videos

Take pictures of your injuries, the crash site, and any property damage so that this can support your claim. While police should collect their own photos for evidence to keep with the accident report, it can be a good idea to take your own just in case important evidence is missed, lost, or even destroyed.

Contact our Truck Accident Attorneys

Once you are medically cleared, you want to assert your legal rights, but doing this on your own is not a good idea. The best thing you can do is to reach out to our Florida Truck Accident Lawyers at Whittel & Melton as we can guide you through the injury claims process and help protect your legal interests. Continue reading

April 26, 2021

U.S. Traffic Deaths Rose Significantly in 2020 Despite Global Pandemic| Florida Auto Accident Injury Lawyers Whittel & Melton

by Whittel & Melton, LLC

Even though 2020 brought us the novel coronavirus and placed the world on lockdown, the National Safety Council released a new estimate that 42,000 people were killed in car crashes and another 4.8 million were injured.

These numbers show an 8 percent increase from 2019, which happens to be the largest yearly increase in nearly a century. It should also be noted that the average number of miles driven dropped by 13 percent.

Experts believe that because less people were on the roads commuting to and from work resulted in more speeding, which ultimately resulted in more traffic fatalities. The irony is that congested traffic from the daily commuters was actually keeping people safer.

Many state leaders are calling this a U.S. public health crisis and looking to make a change, Laura Friedman, a California Assembly member, has introduced a bill for 2021 to reduce speed limits as a way to combat the growing number of traffic deaths.

It seems this has been a growing problem over the past 10 years, but the COVID-19 pandemic managed to place a spotlight on it. Lawmakers from states coast to coast are starting to introduce various bills aimed at lowering speed limits, promoting pedestrian/bike safety, and setting up speed camera programs.

The proposals show various perspectives on how to better manage traffic. Traffic engineers along with transportation safety advocates are also looking at designing roads that will help motorists get to where they are going more safely as opposed to faster.

It is unknown to what extent these new bills will take effect. Certain states are looking at letting cities and counties have more control over their speed limits and other states like Florida, Massachusetts, and Rhode Island want to let their communities use speed cameras.

According to the National Safety Council, the large surge in fatalities started showing quickly after lockdown orders went into effect for the country.

California said that citations issued for speeding over 100 miles per hour almost doubled during 2020 reaching a whopping 31,600.

While states want to introduce new protocols to keep everyone safe, lawmakers do realize it is a delicate balance between protecting communities and over policing them. Wealthier communities usually have more walkable sidewalks and wider streets, while lower-income areas are located by freeways. Placing cameras on mostly streets in low-income areas could mean that the speed programs are not entirely fair, even though speed cameras do not discriminate by skin color.

Traditional policing on speeding has not been successful in the past, so lawmakers are still working out the kinks on what should be done to make roads safer across America.

During the COVID-19 pandemic, facilities involving pedestrians like runners, bikers, walkers, and others trying to remain active have also increased. Even though many Americans will be heading back to work in the near future, many will remain working from home so it is now more important than ever to pay attention to your surroundings regardless of the time of day. You want to limit the number of distractions in your car, put your phone down, pay attention to speed limits, and keep your eyes on the road at all times. Everyone must do their part to keep our communities safe.

What Are Common Causes of Fatal Car Accidents in Florida?

According to the Department of Florida Highway Safety and Motor Vehicles, Florida’s car accidents are usually caused by:

Distracted driving
Speeding
Disobeying traffic laws
Reckless driving
Drunk driving
Poor road conditions
Bad weather

Contact Our Florida Car Accident Lawyers at Whittel & Melton

Regardless of the circumstances leading up to your motor vehicle collision, if you want to protect your legal rights and pursue justified compensation for your losses then you need to seek legal help from our Florida Injury Lawyers at Whittel & Melton. As skilled personal injury trial attorneys, we have a deep understanding on how to prove liability in auto accident cases and make sure our clients’ rights are protected to the fullest extent of the law. Continue reading

February 16, 2021

New Port Richey Motorcyclist Killed After Car Fails to Yield | Pasco County Motorcycle Crash Lawyers Whittel & Melton

by Whittel & Melton, LLC

A 62-year-old New Port Richey man was struck and killed by a car that veered into his path last week on State Road 54 in Pasco County, according to the Florida Highway Patrol.

The motorcycle rider was travelling east when the driver of the car failed to yield and drove into his path.

The motorcyclist died from his injuries while being treated at the hospital.

The 30-year-old driver of the car was not injured.

Everytime motorcycle riders gear up and take to the open road, they assume a significantly higher risk of suffering a serious injury or death if they are involved in a crash. Our Pasco County Motorcycle Crash Lawyers at Whittel & Melton know the devastating impact motorcycle collisions can have on the lives of accident victims as well as their family members. If your loved one was taken from you in a motorcycle crash in Florida, we know the heartbreak you are suffering. While we cannot rewind time and bring your loved one back to you, we can help you understand your rights and handle every aspect of your wrongful death claim so that you can devote your time to grieving and healing. We will do everything we can to make sure you recover the maximum compensation you deserve.

What Are the Common Causes of Motorcycle Accidents?

Most motorcycle accidents are not actually the fault of the motorcyclist, but the fault of another driver. Many drivers fail to keep a proper lookout for motorcyclists and do not detect them at intersections, when they change lanes, or when they are merging. This can be especially problematic when the passenger vehicle turns left and the motorcyclist has the right-of-way. This type of accident accounts for numerous motorcycle crashes throughout the country. There are many other causes of motorcycle accidents as well, such as:

Drunk drivers
Distracted drivers
Problems with the roadways
Defective motorcycle parts

Who Can File a Motorcycle Accident Claim for Injury or Wrongful Death?

Motorcyclists as well as any of their passengers can file claims to pursue financial compensation for any injuries suffered in a crash caused by the negligence of another driver. Due to the fact that motorcyclists offer passengers less protection than that of passenger vehicles, they are more likely to become injured when involved in a crash, even if they are wearing a helmet and following all safety measures. Motorcyclists commonly suffer broken bones, road rash that can result in scarring and disfigurement, neck and back injuries, and even traumatic brain injuries (TBIs) from motorcycle accidents. Injury victims can pursue monetary compensation for medical bills, lost wages, pain and suffering, as well as other damages.

Family members who have lost loved ones in a motorcycle crash need compassion and skilled support when navigating the wrongful death claims process, which can feel overwhelming in the midst of your grief. Our Florida Motorcycle Crash Lawyers at Whittel & Melton provide legal help and support for all of this and more.

Do I Need an Attorney for My Motorcycle Accident Claim?

The short answer here is yes. Our Pasco County Motorcycle Crash Lawyers at Whittel & Melton can make sure you understand the claims process and then walk you through the steps needed to be successful with your claim. We will conduct our own investigation into the crash as well as calculate the full extent of your damages to make sure you understand the full extent of your damages to ensure that you are fully compensated for the immediate and ongoing effects of your injury. We will collect all of the necessary evidence pertinent to your claim and speak to insurance companies involved on your behalf so that you are not taken advantage of during this difficult time.

How Long Do I Have to File an Injury or Wrongful Death Claim After a Motorcycle Accident?

In Florida, the statute of limitations for personal injury or wrongful death claims is four years. This means that a lawsuit must be filed within four years from the date the accident took place. For most cases, it is actually in your best interest to act quickly and file a lawsuit right away. Our Pasco County Motorcycle Crash Lawyers at Whittel & Melton can perform our own investigation into the crash and preserve all critical evidence while it still exists as well as obtain any witness statements while they still remember the details. This is crucial when it comes to establishing who is at fault and ensuring that you recover the full and fair compensation you deserve. Continue reading

February 8, 2021

Take Pictures of These 3 Things Following a Florida Car Crash to Help with Your Personal Injury Claim | Florida Car Accident Attorneys Whittel & Melton

by Whittel & Melton, LLC

Having the right evidence to back up your statements after being involved in a Florida car accident can make all the difference in your claim to recover financial compensation. The saying “a picture is worth a thousand words,” has never been more true in these situations as you have hard proof to further back up exactly what happened. Insurance companies are in the business of making a profit, which means they are not in the business of just forking over money to every person who makes a claim. They will use various tactics to delay, deny, or underpay car accident claims unless they have hard proof, like photographic evidence, that supports your version of what happened.

After a car accident, your next steps are critical for the outcome of your personal injury claim. Our Florida Car Accident Lawyers at Whittel & Melton know first hand how vital photographic evidence can be to a personal injury claim, which is why we believe that taking pictures is the most important step after making sure that all injured parties are provided medical care. Photos are viewed as credible pieces of evidence, which means that insurance companies are much more likely to provide you with a proper payout if you have good photographic evidence to support your claim.

We believe that by taking pictures of these 3 things you are much more likely to have a winning claim on your hands:

January 27, 2021

Florida Approved Bill Allows Reform School Abuse Victims to Seek Compensation | Florida Attorneys for Sex Abuse Victims Whittel & Melton

by Whittel & Melton, LLC

A bill approved Tuesday allows victims who suffered abuse at two Florida reform schools to seek financial compensation for their suffering.

The passing of the bill (6-1 by the Senate Criminal Justice Committee) means that former inmates at the Dozier School for Boys in Marianna and the Florida School for Boys at Okeechobee are now eligible to get state certification for any instances of physical, mental or sexual abuse. This in turn allows the victims to file lawsuits for their claims of physical and psychological abuse that occurred at the reform schools between 1940 and 1975.

Family members of any former inmates who have passed away would not be granted the right to file a claim on their behalf.

A formal apology by the Legislature for the abuse at these facilities was issued in 2017. The Dozier reform school opened its doors in 1900 and closed down in 2011. In 1995, the Okeechobee school was opened to help with overcrowding at Dozier.

There were 55 nameless graves found at some point over the years at the Dozier School, and it is believed that the facility is responsible for at least 100 deaths.

Reform schools were started as an alternative for jail or prison for troubled youth. These facilities are now called youth correctional institutions and are highly regimented and follow a penitentiary-like model with the hopes of providing youth that are struggling with emotional, behavioral, and mental health issues the support, structure, and personalized help they need to create a better life. However, many of these facilities are rampant with predators who harm the juveniles in their care, and sadly this abuse often goes unreported.

Minors in reform schools or youth correctional institutions reside in dormitory-like rooms or jail cells. Administrators, police officers, teachers, and other adults working in the facility tend to become surrogate parents and spend most of the day with the youth in their care and even supervise them at night. This additional access makes it even easier for instances of abuse to occur. Sexual predators are able to abuse innocent children countless times. Due to the fact that children in these facilities are already labeled as “troubled” or “criminals” they are less likely to report any abuse because they do not think anyone will believe them or that the abuse will be worse if they do tell.

Parents who must leave their children in these facilities must place a great deal of trust in the institution’s ability to protect their children from harm and provide a safe haven. Our Florida Sexual Abuse Victims Lawyers at Whittel & Melton can help you hold the institution responsible your abuse or your child’s abuse accountabel for failing to protecting the youth left in their care. Even if the abuse occurred years ago, we are here to go over all of your legal remedies with you. We want to make sure you fully understand all of your legal options for achieving justice. Continue reading

January 7, 2021

Five Bicyclists Killed By Truck Driver Prompts Legislative Change | Florida Bicycle Accident Attorneys Whittel & Melton

by Whittel & Melton, LLC

Last month five bikers participating in an annual 130-mile ride were killed by a box truck driver on a rural highway in Las Vegas, Nevada.

The driver struck a total of 14 cyclists after he claimed to have fallen asleep at the wheel, even though the cyclists were escorted by a safety vehicle equipped with flashers. Police later determined that the 45-year-old driver had a large amount of methamphetamine in his system when the accident occurred. He is now facing 12 felony charges, including DUI and reckless driving.

This tragedy in Las Vegas has captured the attention of lawmakers and stretches beyond the state of Nevada. Activists are now working on gaining sponsors for a new bill that will change current safety legislation and tie in a “presumed liability” clause taking the burden of proof in an accident off of the bicyclist and placing it on the motorist.

The current argument by activists is that the law favors motorists in these cases, but defense attorneys are on the side that the blame is shared and that cyclists know the inherent risks of riding with motor vehicles present.

It will be interesting to see what happens in Las Vegas in regards to bicycle safety laws, but you may be wondering where Florida stands on similar issues. Our Florida Bike Accident Attorneys at Whittel & Melton are here to provide you with answers to any bicycle law questions you may have. You can call us anytime at 866-608-5529 or contact us online to request a free consultation. Below we have addressed the most commonly asked questions.

What Are Helmet Laws for Bicyclists in Florida?

All cyclists under the age of 16 are required by law to wear a helmet. This law pertains to cyclists, any passengers and those being towed in trailers or semi trailers that are attached to a bike. The helmet riders, passengers, and people riding in trailers or semi trailers attached to bicycles. The helmet must meet the following requirements:

Be an actual bicycle helmet
Fit properly and have a strap to secure the helmet to the head
Meet the federal requirements set forth by bicycle helmet safety standards

When Do Bikers Have to Use Headlights, Tail Lights or Reflectors?

Florida law requires riders to have a working headlight, taillight, and rear reflector if you are riding during non-daylight hours such as before sunrise or after sunset. Your headlights must be visible from at least 500 feet and your tail light and reflector must be visible from at least 600 feet.

What Are The Rules Of The Road For Bikers?

When you are riding on the street you are required to follow the same traffic laws as other motorists, which includes yielding to any traffic signs and signals. You are required by law to stop at stop lights and stop signs and are not permitted to travel through a red light even if there is no traffic approaching.

The law requires you to ride in a bike lane, but if none is available then you are required to ride on the right-most side of the road.

When you are riding on a sidewalk or crosswalk the law treats you as a pedestrian, so you must abide by the same laws that apply to walkers with one exception: you must yield the right-of-way to pedestrians and call out before you pass them.

The National Highway Traffic Safety Administration reports show that Florida is the deadliest state in the United States for bikers. In 2018, the latest year data is available, the U.S. saw a total of 783 bicyclist deaths, and 125 of those occurred in Florida – the most deaths than any other state. Most bicycle deaths can be attributed to failure to yield right of way, bikers not being visible, failure to obey traffic signs or signals, and making an improper turn. Continue reading

January 5, 2021

Reporting Elder Abuse in Florida – Everything You Need to Know

by Whittel & Melton, LLC

Elder abuse is not just physical abuse – it can take the form of neglect, abandonment, financial exploitation, emotional abuse and even sexual abuse. Caretakers, spouses, children, nursing home staff, assisted living staff, etc. can all be perpetrators. According to the National Council on Aging, more than half of all elder abuse is committed by a family member.

Sadly, 1 in 10 Americans 60 and over have been the victim’s elder abuse victims. Even worse, only 1 in 14 cases of abuse are reported to police.

Statistics show that there were 4.5 million senior citizens 65+ residing in Florida in 2019. With so many elderly residing in Florida’s communities, this is a hotspot for elderly abuse.

How To Spot the Warning Signs of Elder Abuse

If you notice a friend, relative, or loved one exhibiting any of the following signs, this could be an indicator that they are the victim of elder abuse.

Physical abuse: broken bones, burns, bruises, pressure marks, or any other unexplained injuries that seem to be happening frequently.
Financial abuse: missing personal items, finds missing from their accounts, missing debit or credit cards, missing cash or checks, sudden changes to a will, or any changes to financial documents that could indicate a forged signature.
Emotional abuse: sudden personality or mood changes, depression, anxiety or agitation, refusing visitors, sudden weight loss, fear of caretaker, lack of communication, unusual behavior of any kind.
Neglect: dehydration, weight loss, dirty clothes, soiled bed linens, lack of personal hygiene, complaining of being hungry or thirsty, bedsores, lack of necessities like hearing aides or a walker, untreated or unreported health issues, deteriorating health.
Sexual abuse: bruising to the genitals or surrounding areas, bleeding from the genitals, torn or stained clothing, stained bedding, STIs or infections, refusing visitors, sudden personality changes.

Why It Is Important to Report Elder Abuse

There are numerous reasons why you should report any suspected instances of elder abuse. Reporting the abuse can help the person get out of a bad situation so that they can receive the care they need for any physical injuries or emotional harm.

Reporting any abuse can keep the perpetrator from doing it to anyone else in the future.
If abuse is happening at a nursing home or assisted living facility, then that institution can take the proper steps to make sure it never happens again. Sometimes abuse happens due to lack of training or improper staffing, so the facility can develop better policies and prevent abuse from recurring.
The victim of abuse can file an injury claim seeking damages for the abuse they suffered. They could be entitled to compensation for medical bills, therapy costs, etc, because of the abuse they endured.
The more reporting that happens, the better the state of Florida can keep track of how big the problem is.

What to Do If You See Any Signs of Elder Abuse or Witness Acts of Elder Abuse

If you think that any elderly person is in immediate danger, the first thing to do is call 911. The victim should be removed from the situation before any reporting is done.

Once the victim is safe, then you can document any harm that you discovered, such as taking pictures of any wounds or injuries, inappropriate use of restraints, damaged clothing, etc. In addition to photographic evidence, you want to take actual notes of what you have seen so that you do not forget any information that could be helpful. Include specific information, such as dates and times, the person’s name who carried out the abuse, the place the abuse occurred, etc.

As we mentioned before, not all abuse is physical so if you are suspicious of financial exploitation/abuse, you should report this to police right away so that they can launch an immediate investigation. Treat the financial theft as if your own assets were stolen, and document what was taken, the date, the time, if a specific person was involved, etc.

If your loved one is being abused, or even if you just suspect abuse of some kind, you should speak to a personal injury lawyer who specializes in elderly abuse. Our Florida Elder Abuse Lawyers at Whittel & Melton are always available to discuss your potential case and help you understand how to take action.

How to Report Elder Abuse

The state of Florida takes all instances of abuse very seriously. Anyone who witnesses any form of abuse, is required to report it. This can be done through the state’s website, by calling the Florida Abuse Hotline 24/7 at 1-800-96-ABUSE (1-800-962-2873) or TTY: 1-800-955-8771, or faxing your report to 1-800-914-0004. Continue reading

December 14, 2020

Eckerd College Being Sued for Negligent Security Issues that Lead to Student Being Raped | Tampa Bay Negligent Security Injury Lawyers Whittel & Melton

by Whittel & Melton, LLC

Eckerd College in St. Petersburg is currently being sued for negligence after the lawsuit claims that it failed to keep the campus safe from intruders which is what led to the rape of a student.

The suit was filed Dec. 2 in district court by a former student who said she was raped in October 2017 by a man who was able to follow her into the bathroom of a friend’s room at a campus residential hall.

Police investigated the sexual assault and determined that the alleged attacker as well as another person managed to gain access to the campus by jumping the perimeter fence.