Florida Personal Injury Lawyers Blog

August 26, 2012

Insurance Companies Poised to Work on Property Owners Damage Claims as Hurricane Isaac Approaches Florida :: Whittel & Melton

by Whittel & Melton, LLC

According to news release by Farmers Insurance Group of Companies, including Foremost Insurance, 21stCentury and Bristol West, the company and its subsidiaries are prepared to work with property owners as Hurricane Isaac makes landfall in Southern Florida this weekend and passes through the Florida panhandle, Alabama and Mississippi coasts this week. The worst damage may be to coastal communities like St. Petersburg, Clearwater, Sarasota, Spring Hill, Crystal River who get the high winds and water at the edges of the Hurricane and Storm conditions.

Famers Insurance will organize claims adjusters to cover any and all affected areas once Isaac hits land.

Farmers Insurance instructs its customers in Isaac’s anticipated path to stay up to date with the latest weather reports and begin making crucial arrangements.

Appropriate contact numbers for customers with damage after Isaac hits can be found here.

Friday marked the 20th anniversary of Hurricane Andrew, a storm that wreaked havoc on south Florida in 1992. With Hurricane Isaac swiftly approaching, this could be the first hurricane Florida has seen since 2005. If you plan on riding the storm out at your home, make sure you have the following essentials on hand:

• At Minimum, 5 Gallons of Water
• Flashlight with Additional Batteries
• At Least Several Days’ Worth of Non-Perishable Food Items – You Can Never Be
Too Careful
• Battery-Powered Radio with Extra Batteries On Hand
• Cell Phone Along with Chargers
• Have an Evacuation Plan Set in Place and Follow Any Evacuation Orders
While you may think that you have your emergency kit ready for when Hurricane Isaac strikes, the Florida Hurricane & Storm Damage Attorneys at Whittel & Melton would like to remind you of the preparations you may not think about in regards to making a hurricane claim on your insurance policy. We recommend documenting your home and commercial properties by taking pictures of every room of your house or business. This includes documenting your personal property. Take multiple photographs from multiple angles, so that in the event that your home suffers even slight damage you can be sure that your claim won’t be denied due to lack of documentation. The good thing about photographing your property and personal items is that you should only need to do this once.

It is important to be aware that keeping good records can speed up the settlement of your claim. When compiling your room-by-room inventory, try and record the manufacturer’s names, dates and if at all possible, the price of the items and where they were purchased. If you can, locate your receipts and document the serial numbers, manufacturers’ names, dates of purchase and prices. Make sure you are completely ready for a hurricane or tropical storm by taking the time to document your properties, as this could save you and your family much time and frustration after the storm.

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.

August 13, 2012

Florida Ranks Dead Last in Insurance Regulation Report Card Due to Recent PIP Reform :: Whittel & Melton

by Whittel & Melton, LLC

In a state-by-state ranking of regulatory departments conducted by the R Street Institute, Florida received the lowest point total, receiving a grade of F, in the think tank’s first ever “report card.”

The report, released in June, compiled points through 14 categories, doling out the lowest point total of any state in the U.S. to Florida, -32 points.

According to Online Auto Insurance, Florida’s major deductions arose from the category of “politicization.” Point deductions were received by states where industry regulation was a main campaign topic. Florida was deducted 6 out of the maximum 10 points because of new changes in its personal injury protection coverage. This reform was a major campaign topic for Gov. Rick Scott who said the system was inflating car insurance rates in Florida.

Four other states were deducted the same amount of points or higher for the category of politicization.

While the institute did commend Florida’s efforts to change the PIP system, they added that the “comprehensive reform package” approved by legislators also presented certain rate restrictions. Under the new PIP system, insurers will have to explain why the reforms did not allow them to reduce rates by at least 10 percent by October 2012 and by at least 25 percent by January 2014.

Florida received additional low marks for how it handled territorial ratings. Florida is one of 10 states that allow insurers to use where a person lives to determine their rates. According to the institute, Florida “enforces restrictions on the use of territory that are much more stringent than the norm.” This finding resulted in a maximum deduction of 5 points in the report card’s “territorial rating” category. Florida’s territorial ratings were set in place in 2006.

While landing at the bottom of the pile, the Sunshine State still managed to perform well in other categories including “fraud enforcement” for which the state reaped the maximum number of five points. Only three other states were awarded the same points – New Jersey, New Mexico and California.

As of July the new PIP reform in Florida includes the following:

• Statewide anti-fraud task force
• Tougher licensing standards for medical clinics
• Wider use of long-form accidents reports
• Tougher penalties for providers caught defrauding the system
While these changes are in new policies now, drivers in Florida won’t see major changes to their PIP coverage until 2013. Starting Jan. 1, those injured in car accidents will have 14 days to seek initial treatment. Currently, there is no cutoff period for when an injury victim must obtain medical care. Additionally, only those diagnosed with an “emergency medical condition” by medical doctors, osteopathic physicians, dentists, physician assistants or advanced registered nurse practitioners will be eligible for the full $10,000 PIP benefit. Those suffering less serious injuries, will only receive $2,500, despite spending the same amount for this “no-fault” coverage. Note, Florida drivers will stay pay the same amount as before, only now receiving less coverage.

The benefits of the PIP changes could take months, possibly years to happen, so lawmakers have warned drivers not to expect their insurance rates to drop anytime soon. Insurers want to see if the number of fraudulent claims and lawsuits decrease before determining whether rates can be reduced without affecting their bottom lines. However, as part of the law, insurers must either decrease PIP premiums by 10 percent or clarify why they cannot by Oct. 1. Never mind of course, the amount of money insurance companies will pay on future PIP claims does not appear to be a consideration on whether or not our rates will be reduced…troubling.

August 3, 2012

Tampa Bicyclist in Critical Condition after Being Hit by Car :: Whittel & Melton

by Whittel & Melton, LLC

A 22-year-old Tampa bicyclist was rushed to the hospital Wednesday night after sustaining critical injuries in a collision with a car.

The man was riding his bike around 11:15 p.m. when he apparently rode into the path of a Honda driven by a 23-year-old Tampa woman.

The Honda hit the bicycle head-on. The driver was uninjured in the crash.

The man remained in critical condition at St. Joseph’s Hospital Thursday morning.

When cars collide with a bicyclist or pedestrian, the results can be tragic. When walking or traveling on a bicycle, you do not have the same structural protection that cars offer, so you are more likely to suffer severe injuries should an accident happen. According to the National Highway Traffic Safety Administration, 51,000 bicyclists were injured across the United States in 2009 and another 630 were killed.

Unfortunately, most motorists in Florida fail to recognize that bicyclists have the same rights and responsibilities as other motor vehicles on the roadway. That is why drivers must pay attention to their surroundings and respect the rights of cyclists before executing driving errors that can place bikers and pedestrians at an increased risk for injury or death.

A bike vs. car accident can be a terrifying experience to endure and the injuries involved may be exceptionally painful. There are numerous injuries that a cyclist may suffer due to an accident with a car, including:

• Concussions
• Traumatic Brain Injuries
• Broken or Fractured bones
• Spinal Cord Injuries
• Neck and Back Injuries
• Paralysis
• Wrongful Death
Every six hours in the United States a cyclist is fatally injured. Head injuries account for 75 percent of all bicycle collision injuries and deaths. Sadly, reckless or negligent drivers are usually responsible for most bicycle accidents. Cars and trucks are no competition for bicycles, and drivers must be held accountable for the injuries that they cause.

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 20, 2012

Tractor-Trailer Runs Over Live Oak Man’s Legs

by Whittel & Melton, LLC

A north Florida man was seriously injured late Friday when a tractor-trailer making a left hand turn ran over his legs.

According to the Florida Highway Patrol, the man was sitting on the shoulder of a Suwannee County road when the semitrailer’s left rear tires ran over his legs.

The man was airlifted to a Gainesville hospital with serious injuries.

As of now, no charges have been filed.

Being hit or run over by a moving vehicle can result in serious injuries that have the ability to change your life forever. When a truck driver runs over a pedestrian, it is usually because they were speeding, intoxicated, distracted or fatigued. The Florida Injury Lawyers at Whittel & Melton can thoroughly investigate the issues surrounding a run over accident. We have accident reconstructionists available to determine the exact cause of the accident as well as medical experts who can fully assess the cost of medical damages and expenses as well testify regarding pain and suffering. The amount of compensation you may be awarded depends on specific facts about the case, such as the severity of injuries, how the injuries have affected the victim’s life and how they will affect them in the future and the parties legally responsible for the accident.

When a pedestrian is struck by a commercial truck, several parties may be to blame for damages. Compensation for injuries or losses may include:

• Medical costs and rehabilitation
• Lost wages
• Future earnings
• Pain and suffering
• Emotional distress
• Disability and disfigurement
• Loss of enjoyment of life
No one expects to become the victim of a truck accident. When these unfortunate accidents do occur, you can feel confident in knowing that the Florida Personal Injury Lawyers at Whittel & Melton will do everything in our power to answer your questions, explain your rights and protect your future and the future of your family member’s. Before speaking with an insurance adjuster regarding your injuries or losses, it is important to first contact Whittel & Melton. While insurance companies may present what seems like a fair settlement offer, they do not have your best interests at heart.

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 27, 2012

Florida Personal Injury Lawyers Whittel & Melton on Grilling Safely this Fourth of July

by Whittel & Melton, LLC

For many Americans, the Fourth of July holiday means grabbing friends and family members and barbecuing on the grill. While cooking out is essentially a rite of summer, most people fail to realize the budding dangers for serious burns and other injuries right in your back yard.
According to the National Fire Protection Association, from 2005 to 2009, fire departments across the United States responded to around 8,200 home fires per year that involved grills, hibachis or barbecues. Annually, these fires cause an estimated $75 million in property damage and injure 120 people. In addition, 15 deaths are reported every year as a result of home and grill fires.

Since June and July are considered the peak months for grilling fires, it is important to discuss how you can keep you and your loved ones safe this summer. The most important thing to remember is to keep your grill away from your house or garage as it could cause these structures to ignite. While it is convenient to grill on your deck or patio, it is not a good idea. Make sure your grill is at least 10 feet away from your home in order to reduce the possibility of setting any structures on fire as well as prevent carbon monoxide from building up in a confined area. Always keep children and pets away from the grill area and never leave the grill unattended.

It is a great idea to make sure your grill is in good shape before cranking up the heat. Whether you are using a gas or charcoal grill, follow these safety tips to execute a memorable barbeque this Fourth of July.

Charcoal Grills

• Get the charcoal ready for use. You can use charcoal chimney starters to start the charcoal using newspaper for fuel. You can also use a starter fluid, but make sure it is specifically charcoal starter fluid. Electrical charcoal starters can also be used, and these do not use fire at all. Just make sure you have an extension cord appropriate for outdoor use.

• Do not add charcoal fluid or any other flammable liquids to the fire once it has been lit.

• Make sure charcoal fluid stays out of the hands of children and away from any heat sources
• After you are done grilling, let the coals cool completely. Once this is done, the charcoal can be disposed of in a metal container.

Propane Grills

• Check the hoses and connections between the grill and propane tank before using it.

• Never use a match to check for leaks.

• A propane leak will release bubbles – running water over a hose will show these bubbles if there is a leak.

• If your grill has a leak, turn off the gas tank and grill. If the leak stops, make sure to get the grill serviced by a professional before using it again. If the leak does not stop, call your local fire department immediately.

• Should you start to smell gas while cooking, get everyone away from the grill right away and call the fire department. Do not attempt to move the grill.

As always, the Florida Personal Injury Lawyers at Whittel & Melton remind you and your loved ones to exercise safety first and enjoy your Fourth of July. Should the worst happen, we are equipped to handle cases involving fires, burns or other catastrophic injuries.

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.