Florida Personal Injury Lawyers Blog

December 9, 2013

Florida Wrongful Death Lawyer :: Mother of Bullied Teen Filing Wrongful Death Lawsuit

by Whittel & Melton, LLC

Rebecca Ann Sedwick’s story made national news this year after she climbed to the top of a deserted concrete factory and jumped to her death. A local police investigation into her suicide revealed a journal that documented months of bullying from classmates, generating a nationwide debate on how to prevent teen bullying. Additional evidence of cyber bullying through social media platforms was also found that exposed messages that told Rebecca she should kill herself.

While the state of Florida has bullying laws, punishments are left up to school officials, and not the police. The two girls responsible for the bullying were accused of aggravated stalking. However, those charges were dropped and the girls were enrolled in counseling.
Rebecca’s mother, Tricia Norman, feels not enough has been done and announced recently that she will be filing a wrongful death lawsuit against the girls. Norman wants the lawsuit to bring a change to how the nation and the school system handles online bullying.

By filing a wrongful death suit, immediate family members can recover financial compensation when a person is killed because of someone else’s negligence or wrongdoing. This is supposed to help grieving family members cover all current and future expenses related to their loss. In order to bring a successful wrongful death suit,
Norman will have to prove that her daughter’s death was caused by the two teens’ negligence, or their intent to inflict harm on Rebecca. Should Norman prevail in her wrongful death lawsuit, she hopes it is a victory that will help progress Florida’s cyber bullying laws.

In fact, Norman has promised a “crusade” against bullying. This includes her pursuit of a new state law to criminalize cyber bullying, dubbed “Rebecca’s Law.” Florida passed a new cyber bullying law earlier this year that took effect just weeks after Rebecca’s suicide, but the new law does not include any criminal penalties for violators.

Norman’s proposal wants children who are repeat offenders of bullying to be sent to juvenile detention facilities. She also plans to propose federal legislation that would require public schools to adopt and follow anti-bullying procedures.

November 21, 2013

Florida Personal Injury Lawyer :: Cooking Your Thanksgiving Dinner Safely this Year

by Whittel & Melton, LLC

It is that time of year again and the Thanksgiving holiday is almost here! The focus on this holiday tends to be food and family, so it is important to bring up some cooking safety tips so that you can make sure your Thanksgiving meal goes off without a hitch.

The Thanksgiving holiday sees more residential fire deaths, injuries and property damage than any other day of the year. According to the Consumer Product Safety Commission, an average of 1,300 cooking fires were reported on Thanksgiving Day from 2009 to 2011, which is more than triple the average daily rate of about 400 cooking fires.

Fortunately, with good planning and solid lines of communication between all the chefs in the family, these fires can ultimately be prevented. The following tips can help to keep your holiday safe:

• Stand by your pan! You should never leave food that is cooking unattended. In case you need to walk away from your dish, turn the stove off or ask someone else to watch the food.

• Check your smoke alarms. What good is a smoke alarm if it does not work? Make sure you have properly working smoke alarms in your kitchen.

• Keep away from candles. It is best to avoid using these, especially if young children are around.

• Keep flammable objects away from the stovetop. This includes, oven mitts, wooden utensils, towels and other kitchen aides.

• Use a timer. This will remind you when dishes are done and when you can stop cooking.

• Keep electrical cords away from children. If you have electric appliances make sure cords are not left dangling in front of or near a child that can easily grab it.

• Keep children out of the kitchen until food has had time to cool. When food, such as vegetables and gravies, is too hot, serious skin burns can be caused to those that touch it.

Should a cooking fire arise in your household, follow these steps:

• In the event of a cooking fire, call 911, get everyone outdoors to safety and wait for the fire department to arrive.

• Keep a fire extinguisher in your kitchen just in case a fire ignites. Make sure the fire extinguisher is in working condition and is properly charged.

• If an oven fire breaks out in your kitchen, turn off the heat and keep the door closed.

• For small grease fires, it is best to smother the flames by sliding the lid over the pan and turning off the stove top. Keep the lid on the pan until it has cooled. Never use water to extinguish a grease fire as this could leave you with some serious burn injuries.

November 13, 2013

Alachua County Premises Liability Lawyer :: Gainesville Woman Killed after Tree Falls on Home

by Whittel & Melton, LLC

A 42-year-old woman was killed early Wednesday morning after a tree fell on her Gainesville home as she slept, according to authorities.

The tree apparently fell on a trailer around 2 a.m. while the woman and her 40-year-old husband were sleeping in their bedroom.

A spokesman for the Alachua County Sheriff’s Office said the husband was seriously injured and is undergoing surgery at UF Health Shands Hospital.

The couple’s three children were in a different part of the home and were not harmed in the incident.

Authorities believe the tree fell on the home due to windy conditions.

Powerful winds that accompany heavy rains and thunderstorms can be strong enough to break tree branches and uproot even healthy trees. However, rotting or dead trees cannot usually withstand heavy gusts of wind and can fall at any time. If falling trees do damage a property or cause injuries or death, this could be the basis for a premises liability lawsuit.

Trees usually fall without giving very much warning, which can lead to catastrophic injuries to any person in its path. Falling trees and branches have been known to cause brain injuries, skull fractures, spinal cord trauma, broken bones, injuries to internal organs and even death. If you or a loved one was harmed by a falling tree, you may be wondering if someone can be held liable. If a property owner is aware that a tree on the premises is weak, dead, diseased or at risk of falling, he or she could be held responsible if the tree falls and injures someone. If a landowner fails to take reasonable steps to prevent a tree fall disaster, he or she may be financially liable for any injuries or damages that occur.

November 4, 2013

Florida Personal Injury Lawyer :: Jury Duty Scam Alert – Be Warned!

by Whittel & Melton, LLC

Jury duty scams are more recent trends that first came on the scene in 2005 and have been going around the United States ever since. The goal of these schemes is to catch unsuspecting individuals off guard and scare them into giving them money or providing their personal information, which often leads to identity theft.

Such is the case in a Denver, Colorado jury duty scam case. The Denver Post reports that a jury-duty scammer has been conning unsuspecting residents of unincorporated Jefferson County by threatening that they will be arrested for missing jury duty if they do not pay him.

The man apparently calls himself Major Tom Wilson with the Jefferson County Sheriff’s Office and tells residents to go to Walmart or Walgreens and buy $1,000 “Green Dot MoneyPak” cards for payment of fines related to missing jury duty.

The “major,” which is a rank that does not exist in the sheriff’s office, tells the victim to read him the numbers off the cards so he can access the cash, which works like a debit card.

Police claim that the suspect recently threatened a deputy who was with a potential victim while talking to the man on the phone. The suspect allegedly told the deputy if he did not permit the victim to go to the store that the “major” would have him disciplined.

Authorities are currently investigating the case and working to track down any new leads, but they are stressing that everyone be aware of the situation.

Jury duty scams likes these can occur anywhere, even in Florida. In fact, just last month a Palm Beach County man lost $2,000 in a jury duty scam.

The man apparently received a phone call from a man claiming he was a police officer and that he had missed jury duty and there was a warrant out for his arrest. The so-called officer told the man that there were fines for missing jury duty and if he did not pay them, he would be arrested.

Similar to the Colorado scam, this south Florida man was instructed to go to two different Walmarts in West Palm Beach and get $2,000 worth of Green Dot Money Pak cards, and give the numbers on the back of the cards to the “officer.”

Palm Beach Police are also warning people to keep an eye out for this scam.

October 24, 2013

West Palm Beach Florida Cruise Ship Injury Lawyer :: Woman Injured in Fall on Cruise Ship

by Whittel & Melton, LLC

A woman is recovering from injuries she suffered during a fall on a Carnival cruise ship, according to the Associated Press.

On Wednesday, the United States Coast Guard lifted the woman from the Carnival Sensation and flew her to St. Mary’s Medical Center in West Palm Beach.
According to the Coast Guard, the cruise line notified them that the 52-year-old woman fell in an elevator and injured both of her legs.

She was listed in stable condition.

No further details regarding the incident or the woman’s medical condition are currently available.

Slips, trips and falls are a leading cause of injuries on cruise ships, accounting for numerous injuries to passengers every year. Depending on the severity of these injuries you may incur lost time from work, costly medical bills and a headache from dealing with any insurance companies involved. Unfortunately, the physical and emotional pain that you endure from these injuries can continue long after your cruise vacation has ended.
Cruise ship injuries are usually caused by dangerous or hazardous conditions as a result of negligence or recklessness of crew members on the cruise ship, wet or slick surfaces on the vessel or barriers on the premise that should not be there. If you are injured from a slip, trip or fall caused by an unsafe condition on another person’s property, you may be entitled to financial compensation for your suffering.

October 23, 2013

Florida Motorcycle Accident Attorney :: I-4 in Osceola County Shut Down for Hours after Deadly Motorcycle Hit-And-Run

by Whittel & Melton, LLC

A Kissimmee biker was ejected from his motorcycle and killed in a hit-and-run crash Tuesday morning that shut down eastbound Interstate 4 for almost four hours, resulting in a traffic backup of at least five miles.

Law-enforcement officers are currently looking for the motorist that fled the scene of the lethal collision. Police are searching for a gray pickup, possibly a Ford F250 or F350, that they believe ran over the 47-year-old motorcyclists and kept going, according to the Florida Highway Patrol.

Police are also keeping an eye out for other drivers who may have hit the biker.

The crash occurred shortly after 7 a.m. when a car travelling east in front of the motorcycle struck road debris that flipped a strip of blown-out tire into the air, according to a Florida Highway Patrol spokesman.

The debris hit the motorcyclist in the head and knocked him off his Yamaha bike near Osceola Parkway.

The motorcycle came to rest on the grassy shoulder about a half-mile from the crash.

Troopers reopened I-4 just before 11 a.m.

Hit-and-run motorcycle collisions are becoming increasingly common in Florida and throughout the United States. According to statistics from the National Highway Traffic Safety Administration, hit-and-run motorcycle accidents have actually increased a staggering 15 percent throughout the last decade. Even more disturbing is that the NHTSA reports that hit-and-run car and motorcycle accidents account for up to 700,000 collisions each year.

October 15, 2013

Miami Florida Cruise Ship Injury Lawyer :: 6-Year-Old Boy Drowns Aboard a Carnival Cruise

by Whittel & Melton, LLC

A 6-year-old boy, who was on a four-day Caribbean cruise on the Carnival Victory, drowned in one of the ship’s pools Sunday, according to Carnival Cruise Lines.

The boy was apparently in the pool area with other members of his family when the accident occurred.

Carnival released the following statement: “Carnival extends its heartfelt sympathy to the family during this very difficult time. The company’s CareTeam is providing assistance and support.”

The ship arrived in Miami on Monday so officials could examine the scene.

According to the Miami-Dade police, the boy was in the pool with his 10-year-old brother when the accident occurred around 4:45 p.m. as the ship was out at sea.

The boy was submerged under water and was pulled out and given CPR, however he was pronounced dead.

Police said that no foul play is suspected as the incident appears to be accidental.

The family is from Winter Garden, according to police.

When a passenger is injured or killed while aboard a cruise ship, the law that will apply to the injury or wrongful death claim will likely be the General Maritime Law of the United States, especially if the cruise line is based in the United States. Most major cruise lines, including Carnival Cruise Lines, Princess Cruise Lines and Royal Caribbean are all based in the U.S. Under this law, the cruise line can be held liable for acts of negligence that led to the injury or death of a passenger despite whether or not the accident occurred in the U.S. Injuries and wrongful death claims can arise from all types of cruise line carelessness, including slip, trip and fall accidents, sexual assault, rape, fights, excursion injuries, swimming pool tragedies, wave pool mishaps and even water slide accidents.

It is very important to understand that there are time limits placed on when you can file a cruise ship injury or wrongful death claim. Cruise lines are allowed to shorten the time frame you have to make a claim, as well as the place where you can file suit. Most cruise lines require that written notice of a claim be given 6 months following the accident and that a lawsuit must be filed within one year of the date of injury. The passage ticket will also tell you where you can file suit. The back of your ticket will explain much of the information you need to know, so it is best to go over this language to see what limitations apply to you.

October 10, 2013

Palm Beach County Auto Accident Injury Lawyer :: Woman Accused of Driving Drunk Crashes into Family Crossing Street, Injuring Two

by Whittel & Melton, LLC

A 24-year-old woman with a blood alcohol level more than three times the legal limit ran a red light in Delray Beach on Sunday and slammed into a couple crossing the street while pushing their two young children in a stroller, according to police.

According to a city police report, the accident happened around 10:40 p.m. Just minutes after the crash occurred at the intersection of East Atlantic Avenue and Gleason Street, the woman apparently fled the scene.

The Boynton Beach woman stopped her vehicle after she plowed her Honda Accord into traffic signs about three minutes away on the 700 block of Southeast Third Street. That is where officers caught up to her and placed her under arrest.

The man and woman she hit were left lying in the road. The stroller they were pushing carried their 4-year-old girl and 1-year-old boy, who were not harmed. The impact of the collision sent the stroller flying into the bushes with the children strapped inside.

Both parents were transported to Delray Medical Center and the children were turned over to family members. According to a police spokeswoman, the mother was released from the hospital Sunday night, while the father remained in the hospital Monday with a serious leg injury.

Police claim a witness to the crash helped them locate the woman accused of hitting the couple. They apparently found her sitting in her silver Accord after she crashed it a second time with the engine running and the windshield smashed. She allegedly admitted to hitting the family and fleeing the scene.

An officer at the scene claims the woman apologized several times.

Police noted the woman had glassy, red eyes and the scent of alcohol on her breath. She allegedly admitted to consuming several vodka drinks.

According to the arrest report, she nearly fell over and struggled to perform the field sobriety exercises she was asked to complete. Several of the tests were ended because the woman could not comprehend the instructions.

Reports indicate that breath tests revealed the woman’s blood alcohol content to be .263 and .265. The legal limit is .08.

The woman has a clean driving record, however she just received her Florida driver’s license about two weeks ago, according to state records.

She is facing charges of DUI causing serious injury and hit and run. She remained jailed in lieu of $10,000 bail as of late Monday.

Any time a driver chooses to get behind the wheel of a car after drinking, they knowingly place everyone sharing the road with them in serious danger. Palm Beach County drunken driving accidents can result in catastrophic injuries, including lacerations, disfigurement, broken bones and fractures. These accidents can also cause more serious and even permanent injuries like spinal cord injuries, traumatic brain injuries and even death.

September 24, 2013

Florida Negligent Security Attorney :: Ravens’ Jacoby Jones Injured in Party Bus Brawl

by Whittel & Melton, LLC

Baltimore Ravens wide receiver Jacoby Jones suffered a head injury early Monday morning after he was apparently struck over the head with a champagne bottle by a stripper named Sweet Pea on a party bus.

According to TMZ.com, Jones was partying on the bus in D.C. celebrating Bryant McKinnie’s 34th birthday when the alleged stripper hit him over the head with a “gigantic Ace of Spades bottle.”

After Jones was struck by the bottle, and ambulance was apparently called for “a bleeding male.”

Sources from TMZ say that people were leaving a club at 3 a.m. when the party bus brawl began.

TMZ reported that Jones, the former Dancing with the Stars contestant, was “bleeding everywhere.”

Several other Ravens teammates were out celebrating McKinnie’s birthday. The Ravens were coming off of a 30-9 win over Houston on Sunday.

It is unclear why Sweat Pea struck Jones over the head with the bottle. It is also unknown how large the bottle was that hit Jones. However, Ace of Spades bottles come in eight sizes, ranging from 750 milliliters to 30 liters.

According to TMZ, one of Jones’ friends apparently tried to retaliate against the stripper, but McKinnie stepped in to stop the fight. However, an alleged altercation then broke out between McKinnie and Jones’ friend.

Authorities responded to the scene, but no one was arrested.

Business and property owners in Florida have a duty to warn all patrons and visitors to their property of any dangerous conditions. This includes taking necessary action to prevent any injuries from occurring on their property. In areas that are highly susceptible to crime, such as night clubs, parking lots, parking garages, strip clubs, college campuses, hotels, apartment buildings and even party buses, business or property owners have a duty to provide sufficient security. However, many business and property owners fail to take such precautions simply because of the high cost associated with adequate security measures. Too often, this failure leads to serious injury or wrongful death.

September 19, 2013

Florida Auto Accident Injury Attorney :: National Child Passenger Safety Week – Make Sure Your Child is Buckled Up Properly

by Whittel & Melton, LLC

This week is National Child Passenger Safety Week, which serves as a reminder to us all just how important it is to make sure our children are secured properly in their car or booster seats. Failing to do so could be the difference between life and death if your child is involved in an unfortunate auto accident.

According to the National Highway Traffic Safety Administration, car accidents are the leading cause of death in children between the ages of 1 and 13. In 2011, 655 children were killed in auto accidents across the United States. Of the children killed, one out of every three was not wearing a seat belt.

When a child does not wear a seat belt and becomes involved in a collision, they are at an increased risk of being ejected from the vehicle, which commonly leads to serious personal injuries or death. According to the Centers for Disease Control and Prevention, wearing a seat belt reduces an infant’s chance of being harmed in an accident by 72 percent and a toddler’s chance of suffering fatal injuries in a crash by 54 percent.

Recent studies have found that three out of every four car seats are improperly installed. Incorrectly installed car seats could lead to brain and spinal cord injuries in children should a collision occur. To avoid a tragedy, adults must ensure that babies under the age of 1 and fewer than 20 pounds are in a rear-facing safety seat. Once a child is over 1-years-old and weighs more than 20 pounds, they can be placed in a front-facing seat with an internal harness. Once a child is over 30 pounds, they can be placed in a booster seat, however it is strongly recommended to keep children in a front-facing seat until they are 40 pounds in weight.

In Florida, children between the ages of 6 and 12 must remain in the rear seat of the vehicle and use a seat belt at all times. Children 13-years-old and above can ride in the front or back seat. Just like adults, the law requires that they wear seat belts.

September is a great month for parents and child caregiver’s to have their child’s passenger safety seat inspected for no cost. Child Passenger Safety Week is Sept. 15 – 21. Sept. 21 is National Seat Check Saturday. You can visit the NHTSA’s website to find a child seat inspection station near you.