Florida Personal Injury Lawyers Blog

October 6, 2016

Lakeland Mobile Home Park Accused Of Housing Discrimination

by Whittel & Melton, LLC

The United States Department of Justice has filed a lawsuit against a Lakeland mobile home park for racial discrimination.

The DOJ said it investigated the mobile home park last year to see if it was complying with the Fair Housing Act.

Their reports found that African-American potential buyers were treated differently than potential white buyers.

Among other things, the lawsuit alleges that the mobile home park told African-Americans about fewer mobile homes for sale than whites, quoted higher sales prices for African-Americans and told African-Americans higher down payments would be required.

The DOJ said it was seeking financial compensation for victims and civil penalties for the owner and managers.

Most cases of discrimination have to do with employment, however, race discrimination in the sale or rental of an apartment or home is also illegal under both state and federal law.

Housing discrimination can happen in various ways. A landlord who refuses to rent to African-Americans, charges them higher rent than non-blacks, or a developer or property owner who refuses to sell to a minority or charges more is guilty of housing discrimination.

October 5, 2016

Be Prepared for Hurricane Matthew

by Whittel & Melton, LLC

Gov. Rick Scott on Monday signed an executive order declaring a state of emergency for all of Florida as Hurricane Matthew threatened to wreak havoc on the East Coast later in the week.

Hurricane Matthew was southeast of Jamaica on Monday but was predicted to head north and likely produce “devastating impacts from storm surge, extreme winds, heavy rains, flash floods, and/or mudslides in portions of the watch and warning areas in Haiti, Cuba, and the Bahamas,” the National Hurricane Center said in an advisory.

While the path remains unclear as the storm goes further north, the Hurricane Center said direct hurricane impacts are possible in Florida later in the week.

Our Florida Hurricane & Storm Damage Lawyers at Whittel & Melton want you to be prepared for Hurricane Matthew. We urge you to read through the following and make sure you and your family are properly outfitted with supplies in case of an emergency.

Have a 3-7 day supply of each item for every person in your home:

Water

1 gallon of water per person per day stored in clean plastic containers

Food

Purchase foods that require no refrigeration and little preparation, such as:

Ready-to-eat canned food
Canned juices, milk, soup
Snacks like cookies, cereals, etc.
Soft drinks, instant coffee, tea
Lots of ice – so you can freeze your water supply!

For Baby

Formula, bottles, powdered milk, jarred baby foods
Diapers, moist towelettes and special medications

Pets

Newspapers or cat litter
Canned or Dry Food
Plastic sheets to cover floor of pet’s room

Medicine

First aid kit
Rubbing alcohol
Aspirin, non-aspirin pain reliever, antacid
Extra prescription medication – ask your physician how to store prescription medication
Personal Items
Toilet paper, towels, soap, shampoo
Personal and feminine hygiene products
Denture needs, contact lenses and an extra pair of eyeglasses

Other Supplies

Battery-operated radio, flashlights, non-electric can opener, extra batteries
ABC-rated fire extinguisher in a small canister
Portable cooler
Plenty of absorbent towels, plastic trash bags
Wind-up or battery-operated clock
Tarp or sheet plastic, duct tape, hammer and nails for temporary roof repairs
Cleaning supplies such as chlorine bleach
Aluminum foil, paper napkins and plates, plastic cups
Can of spray paint – this can be used to identify your home by insurance adjusters in case it’s damaged
At least one change of clothing per person, sturdy shoes, hat and work gloves
Pillows and blankets or sleeping bags

October 3, 2016

Teen Girl Injured After E-Cigarette Explosion on Universal Orlando Ride

by Whittel & Melton, LLC

Police have reported that a teenage girl riding a Universal Orlando amusement park ride suffered burns after an electronic cigarette belonging to another rider exploded and shot a fireball at her.

Police believe that the 14-year-old girl from Tennessee was riding the Hogwarts Express train Saturday with her family when an e-cigarette belonging to a rider in another group blew up in his pocket and the fireball hit her in the face and elsewhere.

The explosion wasn’t big, but scared everyone on the train, according to reports.

The girl was taken to the hospital with mild to moderate burns to her face, arm and leg. The man suffered minor injuries.

An e-cigarette, also known as a vape, is an electronic nicotine delivery system that produces a heated vapor that resembles smoke. They have been for sale in the United States since 2007. E-cigarettes are now used by more than 2.5 million people in the U.S.

If you were burned by an exploding e-cigarette or vape, you could have a legitimate claim against the manufacturers of the vape device and battery, and perhaps other parties. What this means is that you could file a personal injury claim for monetary damages for:

Medical expenses
Pain and suffering
Lost wages
Loss of quality of life
Disfigurement
Emotional & mental anguish

September 27, 2016

South Florida Cities Increase Gator Warnings After Disney Tragedy

by Whittel & Melton, LLC

South Florida cities are amping up their efforts to prevent fatal alligator attacks like the one that occurred in Orlando’s Walt Disney World when an alligator emerged from a lagoon, grabbed a toddler wading in ankle-deep water and killed him.

From Oakland Park to Delray Beach, cities have begun replacing “no swimming” signs with stronger warnings on lakes and canals where alligators and snakes might lurk.

Florida does not regulate whether cities or counties need warning signs.

Delray Beach is taking no chances. The city, which currently has only a few “no swimming” signs, plans to install 20 signs that warn of alligators at eight canals and lakes.

So are Oakland Park, North Lauderdale and Parkland, where staff are adding warning signs at parks by water.

According to the Florida Fish and Wildlife Conservation Commission numbers, there were nine alligator attacks in 2015, one of which was fatal, and 10 in 2014, none of which were fatal. Since 2006, there have been five reported fatalities due to alligator attacks. There have been 23 reported attacks since 1948, when the agency began keeping track.

Living in Florida, we know the dangers of alligators in any body of water, as well as hotels, golf courses and even backyards. Most public places located near bodies of water are pretty vigilant about relocating dangerous animals out of these areas. The added signage going up in south Florida is great, as it could prevent another tragedy from occurring.

September 15, 2016

Hurricane Hermine: Here Are The Final Stats

by Whittel & Melton, LLC

The final report on Hurricane Hermine is in. Heavy rainfall caused more flooding and strong winds brought down trees and powerlines.

Here are the final numbers:

Storm Surge

Cedar Key 7.5 feet

Clearwater Beach 4.41 feet

McKay Bay (Tampa Bay) 4.09 feet

St. Petersburg 3.58 feet

Port Manatee 3.21 feet

Peak Wind Gusts

Indian Shores 78 mph

Treasure Island 71 mph

St. Petersburg 63 mph

Clearwater Beach 62 mph

Cedar Key 60 mph

MacDill 55 mph

Cedar Key 54 mph

Sarasota/Bradenton 54 mph

Crystal River 53 mph

Brooksville 53 mph

Anna Maria 52 mph

Tampa 46 mph

St. Pete/Clearwater 47 mph

Lakeland 42 mph

Winter Haven 41 mph

Plant City 40 mph

Inverness 35 mph

Rainfall

Baskin (Pinellas) 22.36

Largo (Pinellas) 16.11

Gulfport (Pinellas) 14.30

Dunedin (Pinellas) 12.93

Lake Worrell (Pasco) 11.04

Seminole (Pinellas) 10.87

Belleaire (Pinellas) 10.58

Holiday (Pasco) 10.22

Clearwater (Pinellas) 10.03

Palmetto (Manatee) 9.82

Longboat Key (Manatee) 9.61

Ellenton (Manatee) 9.46

Sarasota/Bradenton (Manatee) 9.38

Port Richey (Pasco) 9.24

Tampa (Hillsborough) 6.83

Valrico (Hillsborough) 6.77

Sun City Center (Hillsborough) 6.55

Wesley Chapel (Pasco) 6.55

If your home was damaged by Hermine:

Get in touch with your insurance provider ASAP
Take any possible steps you can to protect your home from further storm damage
Document all damage with photos or video
Compose an inventory list of all damages
Take down notes on any information your insurance company gives you
Save all receipts for expenses related to the damage and/or repairs
Make copies of all documents sent to you by your insurance company

September 5, 2016

Alachua County Tropical Storm & Hurricane Damage Insurance Claims

by Whittel & Melton, LLC

Florida residents know the risks of property damage from hurricanes and tropical storms. Hurricanes and storms can leave behind devastating damages, and the reality is that filing insurance claims to cover repairs and destruction can be a long battle. Fortunately, our Alachua County Hurricane & Storm Damage Claims Attorneys at Whittel & Melton are experienced at handling these types of claims and know how to deal with denied or underpaid claims.

Insurance companies make money by denying, delaying or underpaying claims. Going head to head with your insurance company can be stressful and unnecessary, which is where we come in. With us on your side, we can level the playing field and work to secure the coverage due under the terms of your policy. We believe that you should be properly compensated for your losses.

Even though your insurance company was happy to talk to you when you purchased your insurance policy, that might not be the case when it comes to paying on that policy in the wake of a severe storm or hurricane. The insurance companies are out to secure their bottom line, and they have no genuine interest in treating you fairly. If you have tried reasoning with your insurance company to no avail, please let us help you. They could change their tune once they know you have legal representation.

September 4, 2016

Tropical Storm Vs. Hurricane Damage In Clearwater: Does It Make A Difference?

by Whittel & Melton, LLC

In most cases, it won’t make a difference whether your home or business was damaged in a tropical storm or a hurricane. The damage can be the same regardless of if it was caused by a hurricane or tropical storm.

Even though a hurricane can produce heavier rains and more intense wind and flooding, a property can still be damaged in a tropical storm, including wind, rain, mud, mold and debris. In fact, many insurance policies categorize windstorm coverage and flooding under the same cause of damage. However, every insurance policy is different, so it is imperative to review your policy and make sure you have appropriate coverage.

A hurricane and a tropical storm are both types of tropical cyclones that spur thunderstorms and high winds. The only difference is in the intensity. A hurricane is the most powerful type of tropical cyclone with sustained winds of 74 mph or higher. What is important to highlight is that some damages caused by hurricanes is not always covered by a traditional homeowners’ insurance policy. Living in Florida, it is essential to understand how important insurance is when a hurricane or tropical storm barges through. While you should be covered by your insurance in the event of a tropical storm or a hurricane, sometimes insurance companies withhold payments or severely underpay for what is owed.

September 3, 2016

Need Help With Your Hurricane & Storm Damage Claims in New Port Richey?

by Whittel & Melton, LLC

When you purchase property insurance, you expect your insurance company to pay fairly on any claims dealing with storms and hurricanes, right? Sadly, this is not always the case.

At Whittel & Melton, our New Port Richey Hurricane & Storm Damage Claims Attorneys work to protect you after a devastating storm. We can help you hold your insurance company to its obligations to pay damages according to the terms of your insurance policy after violent winds and rain wreak havoc on your home or business.

You may have already had your claim denied and don’t know why. You may have tried to contact your insurance company and your adjuster won’t talk to you. The truth is, this is not uncommon. While your insurer may not talk to you now, with us fighting in your corner, you may find that they are now willing to discuss your claim.

If your insurance company has denied your claim or is significantly undervaluing your claim, we can help. Specifically, we can help with the following:

Bad faith insurance claims. When insurance companies refuse to pay on claims or will not pay the full amount regardless of policy provisions that obligate them to do so, the insurer is acting in bad faith. We will not hesitate to take insurance companies to court so that they live up to their contractual commitments.
Homeowner & business insurance claims. People buy property insurance for a reason. When floods, winds, fires, and other disasters damage a property that is covered under a valid insurance policy, you have the right to be compensated.
Hurricane & storm damage claims. Florida is prone to hurricanes, so we happily assist those who have experienced property damage from a hurricane or tropical storm recover what they are owed according to their insurance policies.

When insurers illegally take advantage of their policyholders by denying or undervaluing claims, we step in and make sure your rights are protected.

September 2, 2016

Bad Faith Storm Damage Claims In Levy County

by Whittel & Melton, LLC

Residents of Cedar Key, Bronson, Chiefland, Williston, Inglis and Yankeetown may receive services from their insurance company that could qualify for an insurance bad faith claim. Policyholders should keep in mind that Florida law provides that victims of bad faith conduct could be entitled to punitive damages in addition to any other compensation due to them through their policy.

Below are a few examples of bad faith practices used by the insurance company after you file a hurricane or storm damage claim:

Failure to investigate a claim.

Insurance companies that do not conduct a proper investigation or preemptively decide they will deny a claim, are acting in bad faith. Insurance companies have a duty to fully investigate a claim as outlined in their policy. Why would an insurance company avoid investigating a claim? There are many reasons, actually, including:

They don’t think policyholders are aware of Florida laws surrounding the claims process.
They think the investigation will end with them paying more than they would like to the policyholder.
They are trying to cut costs by avoiding the investigation altogether.

Refusing to reimburse you for all of your losses.

Insurance companies must provide what they promise as outlined in their policies. Many policyholders are unaware of what they are rightfully owed and will accept lowball payouts because they do not realize they can re-file a claim or appeal an offered settlement.

Illegal denial of a claim that should have been paid.

Some insurance companies hope their policyholders do not know their rights. They rely on the fact that most will not file an appeal or complaint.

Extended delay in making payments to the policyholder.

September 1, 2016

How Our Dixie County Hurricane & Storm Damage Claims Attorneys Can Help After Tropical Storm Hermine

by Whittel & Melton, LLC

There has been an evacuation order for the coastal communities of Dixie County, including Horseshoe Beach, Suwanee and Jena due to Tropical Storm Hermine. All county schools and offices are closed until Tuesday morning.

Residents in Florida and throughout Dixie County are encouraged by Emergency Services to remove any loose lawn items, such as lawn furniture, grills, lumber, campers and anything that could be moved by the storm surge. However, despite proper precautions, Dixie County property owners could experience severe damage to their homes or businesses, including:

Hail damage
Roof and siding damage
Flooded homes
Flooded and washed out streets
Wind damage
Other storm-related damage, such as sinkholes

If the storm stays on its current path, Dixie County is anticipated to receive possible 58 mph winds by Thursday night. A storm surge of 6-8 feet is predicted during the storm.

For those who have evacuated the area, many will came back to find their homes submerged and damaged. If you suffer property damage in the storm, you should talk with a Dixie County Hurricane & Storm Damage Claims Attorney at Whittel & Melton before accepting any type of insurance settlement.