Florida Personal Injury Lawyers Blog

March 17, 2011

Gainesville, Florida Catastrophic Injuries Attorney :: University of Florida Student in Critical Condition after Attempting to Drive a Motorcycle

by Whittel & Melton, LLC

A 21-year-old University of Florida senior endured critical head injuries late Sunday afternoon after she was supposedly being taught how to drive a motorcycle.

The Gainesville Police Department said the accident occurred at a local Gainesville apartment complex.

Karen Voyles from the Gainesville Sun is reporting that witnesses told the police that she was learning to drive the motorcycle when she allegedly lost control and smashed her head on a nearby stairwell. Following the crash, she was taken to Shands at the University of Florida in critical condition.

As of Monday, the accident still remains under investigation.

Catastrophic injuries are quite severe and usually mean lengthy recovery periods and extensive medical treatments. This woman could suffer from injuries that may never heal such as brain injuries or neurological disorders, which could affect her memory, speech, nervous systems and more.

Since the woman suffered critical head injuries she could have swelling, bruising, fractures and bleeding around the brain, which could leave her in need of assisted living and brain operations not normally covered by insurance. Once further investigation is done, it can be determined whether another person had any fault in this accident and if she can take legal action to compensate for her losses.

March 15, 2011

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

by Whittel & Melton, LLC

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

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

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

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

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

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

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

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

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

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

February 25, 2011

Levy County, Florida Auto Injury Attorney :: Car Crash Leaves Two Teens Badly Injured

by Whittel & Melton, LLC

Two teenagers were seriously injured when a van carrying six teens ran a stop sign and crashed into a car carrying two teens in Levy County on Feb. 17.

Three of the passengers from the 2000 Plymouth van were wearing seatbelts and suffered minor injuries, according to The Florida Highway Patrol. Two passengers in the van were allegedly not wearing seatbelts and suffered serious bodily injuries. All five of the passengers as well as the driver were taken to Shands at the University of Florida in Gainesville.

The other car involved in the collision was a 1999 Acura sedan. According to FHP, the driver and the passenger of the vehicle were taken to North Florida Regional Medical Center and suffered relatively minor injuries.

A trooper at the scene said that when the van ran through the stop sign, the right side of the van was hit by the front of the sedan. The van then spun off the road and the back of the van hit a corner fence post.

It is believed that the impact from the crash flung one of the passengers in the van not wearing a seatbelt through the back window of the van.

The driver of the van was cited for running a stop sign and driving with a passenger under the age of 18 not wearing a seatbelt, according to the Gainesville Sun.

Auto accidents are the most common cause of personal injury claims throughout the U.S. They are also the leading cause of death for all ages between 3 through 34, according to a 2006 analysis. In any investigation into cases like this, claims could be made by not only the driver and the passengers of the sedan allegedly not at fault, but also by all of the passengers in the at-fault vehicle. This accident may involve multiple insurance policies and an experienced insurance lawyer will be needed to enforce all of the rights of the injured against those policies.

January 9, 2011

Marion County, Florida Burn Injury Attorney :: Citra Woman Accused of Setting Boyfriend’s Genital Area On Fire

by Whittel & Melton, LLC

January, 2011
A Marion County woman, 29, was arrested Saturday for allegedly pouring gasoline on her boyfriend’s genital area and setting him on fire.

The man was taken to Shands at the University of Florida in Gainesville with critical injuries. His condition is unknown as of Sunday morning, according to the Gainesville Sun.

The woman of Citra was charged with aggravated battery and taken to Marion County Jail. She was released Sunday morning on $10,000 bond.

According to a Marion County Sherriff’s report, the woman went looking for her boyfriend at his mother’s house. When she did not find him there, she tracked her boyfriend down at an Ocala man’s house. The man called the police to his house after a fight erupted between the woman and her boyfriend that resulted in her pouring a liquid on her boyfriend and allegedly lighting him on fire.

Upon police arrival at the scene, the boyfriend was covered with a blanket, kneeling in the yard. Deputies reported he had second- and third-degree burns on his genital area and torso.

A severe burn injury like the one this man endured is one of the most painful and complex injuries to recover from. Often critical burns leave the injured party with scarring and even disfigurement that can cause emotional trauma and anxiety.

Recovering from a severe burn injury is a long road that can include skin grafting, plastic surgery, reconstructive surgery, hospitalization and continued medical care. Despite the accident or injuries sustained, a knowledgeable personal injury attorney will be needed to try and gain you compensation for medical expenses, mental and emotional anguish, lost wages and more.

December 3, 2010

¿Que hacer si se encuentra en un accidente automovilístico? El Abogado Jason Melton, de Accidentes Automovilísticos en Spring Hill y Brooksville, Habla Sobre los Pasos Principales Que Hay Que Recordar Si Ha Sido Lesionado en un Accidente de Auto

by Whittel & Melton, LLC

La Firma Whittel & Melton que ejerce su practica en el área de lesiones personales (basada en el Condado Hernando, pero ejerciendo diariamente en los condados de Pasco, Pinellas, Hillsborough, Sumter, Lake, Marion, Orange and Alachua), nos ha enseñando la desafortunada lección de cuidarse de los otros conductores durante las temporadas navideñas.

Históricamente hemos observado lo peor de los conductores durante esta temporada y es por ello que queremos informarle a la comunidad los pasos a seguir inmediatamente después de haber sufrido un accidente automovilístico, en el que alguna persona haya sido lesionada. Como ejemplo, la administración National Highway Traffic Safety Administration NHTSA ha publicado estudios demostrando que durante el 2001-2005, hubo un aproximado de 36 muertes por día en las carreteras estadounidenses, como resultado de conducir en estado de ebriedad o DUI (conducir bajo la influencia de sustancias). Durante la Navidad, esta cifra, tan terrible, aumenta a 45 muertes por día y se incrementa todavía más durante la temporada del Año Nuevo a 54 muertes por día.

Si usted ha estado involucrado en un accidente automovilístico en Tampa, St. Petersburg, Dade City, New Port Richey, Spring Hill, Brooksville, Bushnell, Tavares, Orlando, The Villages, Ocala, Inverness, Crystal River, Gainesville, o en cualquier lugar en la Florida, el seguir los siguientes pasos le ayudará a salir delante de esta situación tan estresante y sin que se tome ventaja de usted. La peor parte de ser victima de un accidente automovilístico, en la Florida, es cuando la compañía de seguros continua victimizandolo al tratarlo como si usted hubiera buscado pasar por este problema en su vida. No se convierta en victima por segunda vez – lea los siguientes pasos y déjenos saber como podemos ayudarle- 352-666-6666.

December 2, 2010

What to do if you are in a car accident:: Spring Hill and Brooksville Auto Accident Lawyer Jason Melton Discusses Top Things to Remember if Injured in a Florida Car Crash

by Whittel & Melton, LLC

Whittel & Melton’s personal Injury law practice, (based in Hernando County, but practicing daily in Pasco, Pinellas, Hillsborough, Sumter, Lake, Marion, Orange and Alachua Counties), has taught us the unfortunate lesson to be very weary of other drivers during the holiday season.

Historically, we have seen the very worst of the driving public during this time and wanted to let the community know what steps we recommend taking immediately following an auto accident where someone may be injured. As an example, NHTSA (National Highway Traffic Safety Administration) has published studies showing from 2001-2005, there was an average of 36 deaths that occurred per day on America’s roadways as a result of an alcohol impaired driver or DUI. During Christmas, this horrific number actually goes up to 45 per day and jumps even higher during the New Year’s holiday, to 54 deaths per day.

If you have been in an auto accident in Tampa, St. Petersburg, Dade City, New Port Richey, Spring Hill, Brooksville, Bushnell, Tavares, Orlando, The Villages, Ocala, Inverness, Crystal River, Gainesville or anywhere in Florida – taking the following steps will hopefully make a potentially scary and stressful situation something you can move forward from and not be taken advantage of. The worst part of being the victim of any car accident in Florida is when the Auto Insurance companies continue to victimize youby treating you as if you were looking to have such a problem in your life. Don’t be victim twice – read the below steps and let us know what we can do to help – 352-666-6666.

Whittel & Melton, LLC – Florida Personal Injury Lawyers
Step 1 – No matter who is at fault for the accident, call 9-1-1 and ask for assistance from law enforcement. This is a very important for several reasons. First, you will later want the best and most accurate record of the details of the accident from an unbiased source and FHP, Sheriff or local police department will hopefully complete some type of Florida Crash Report. Second, should there be any hurt feelings or bad attitudes at the scene, a law enforcement official can help keep the peace. Most importantly however, after a crash, your body is rushed with adrenaline and emotion and you really are the last person to make the assessment as to whether or not you need medical care – let someone else decide this – like EMS.

If for some reason, law enforcement does not appear at the crash scene and you are injured, find your own transportation to the hospital. Too often we have clients who needed immediate care, but waited for an ambulance that never appeared. Your health is the highest priority – get yourself to the hospital if needed.

Step 2 – To the extent physically possible, exchange as much information as possible with all other vehicles and any witnesses. Too often, very important eyewitness accounts are lost due to folks not taking appropriate notes.

Step 3 – Take Pictures. Unfortunately no matter how many witnesses or law enforcement reports, Insurance companies love to play devil’s advocate and suggest that somehow they are unable to do their job due to incomplete information. Like anything else, pictures are sometimes unavoidable versions of the truth. When applicable, you should not only take pictures of the accident scene, the vehicles involved, the local scenery around the accident, but also the actual injuries of those involved. Please keep a disposable camera in your vehicle for such an occasion. iPhones and Blackberry phones capable of taking pictures and/or video and emailing the contents are great options, too.

Step 4 – Contact your insurance company and report the accident. You do not need to get into details about the accident, whether or not you’re are hurt or whether or not you are seeing a doctor. Simply call your insurance company and report that the accident occurred, that you were involved, give them the Florida Crash report information or the other drivers information if you have it—and the simply let them know that your attorney will be in contact with them in the near future. This is important because you have contractual obligation to report the accident to your insurance company. Once you have reported the accident, our office can direct any future communication regarding the specifics involved in your case. Do not sign any documents or give any kind or recorded or unrecorded statements about the events of the accident without speaking to one of the personal injury lawyers at Whittel & Melton first.

Step 5 – Be sure that you have a medical doctor that you can see after any emergency care that you have been given. Too frequently our office hears from individuals who were injured in automobile accidents and state that they went to the emergency room and were told that they were fine and did not follow up with any physician—only to learn they had injuries which required surgery. What many folks don’t understand is that the doctors at the ER, although highly trained and very intelligent, are required to treat people to avoid tragic outcomes, like death and dismemberment. These emergency doctors are not well equipped to deal with pain and the necessary first steps of treating serious, although not life threatening, injuries. If you do not have a doctor you are comfortable seeing for your injuries, our staff would be happy to provide you some names of very component medical help in our community.

Step 6 – Of course, we need to see you as soon as possible. The fact of the matter is you could skip the first 5 steps and we could still help you, but the further along the way you are on steps 1-5, step 6, coming to see the auto injury attorneys at Whittel & Melton, will allow us to help you better.

November 28, 2010

Florida Avandia Lawyers Whittel & Melton discuss fraud claims in new Avandia lawsuit

by Whittel & Melton, LLC

Last week, the Utah Attorney General filed a Medicaid Fraud Lawsuit in the Third District Court alleging that GlaxoSmithKline, the manufacturer of Avandia, defrauded the state of Utah by promoting itself as a successful diabetes treatment.

In this provocative claim, the Utah AG says that the state paid millions of dollars in Medicaid purchases and reimbursements for Avandia prescriptions– and because Glaxo failed to adequately disclose the risk of heart attacks from Avandia side effects, the state is entitled to reimbursement. The lawsuit seeks to reclaim $7.8 million from GlaxoSmithKline, which is the amount the state says it paid in Avandia purchases from January 1, 2002 through June 30, 2010.

The suit follows an announcement last month by GlaxoSmithKline that the U.S. Department of Justice (DOJ) is investigating whether the drug maker knew Avandia increased the risk of heart attacks.

Avandia (also called rosiglitazone) was approved as a drug in the United States in 1998 to control blood sugar levels for diabetics. Recent studies have found a correlation between Avandia use and potential heart risks. Earlier this year, a Senate report accused GlaxoSmithKline of suppressing the risks of Avandia. The report claimed that the company intimidated scientists and withheld data. The company denies these allegations.

In September, the FDA stopped just short of an Avandia recall and determined that only patients who failed to control their diabetes through every other available medication should be given access to the medication. The decision came after an FDA advisory committee voted this summer to recommend that Avandia stay on the market, but with strict warnings and restrictions.

The complaint by the Utah Attorney General may be the first of several filed by states across the country. In addition, GlaxoSmithKline faces Avandia suits filed by individuals who allege that they suffered an injury as a result of the drug maker’s failure to adequately warn about the risk of heart problems.

November 19, 2010

Girl dies in Ocala car accident; no seat belt or car seat

by Whittel & Melton, LLC

The Ocala Star Banner is reporting the tragic story of a little girl who was not restrained in a car seat and died in a car accident on her way to day care on Wednesday.

Florida Highway Patrol officials say the crash investigation is ongoing, but initial reports indicate that the Toyota Corolla that the child was in was heading south on U.S. 441 and entered into the left turn lane to turn into Living Waters Worship Center. The car allegedly made the turn and went into the path of a black Hyundai minivan heading north.

The driver of the van could not avoid the crash and struck the passenger side of the Toyota. Troopers say the minivan overturned on its passenger side in the grass on the east shoulder, while the car rotated and stopped at the church entrance.
Officials said the child was unrestrained and there was no car seat or booster seat in the vehicle.

An off-duty Marion County firefighter arrived at the crash scene, along with two unidentified firefighters and a sheriff’s deputy to assist with the crash. Firefighters and the deputy removed the child from the car and performed mouth-to-mouth resuscitation while the other two firefighters did chest compressions. She was later taken to Shands for treatment.

The Corolla driver was cited for failure to yield the rights of way, a traffic infraction. While this is not a criminal citation, as a former prosecutor I can tell you that these cases are taken very seriously by the State Attorney’s Office. These were some of the hardest cases to handle since it is hard to explain to family members that even though their loved one had died, there was no jail time available for the defendant who caused the crash. It is an accident and the Florida Criminal Statutes don’t punish people for accidental conduct, it punishes those who intentionally break the law. Also called traffic fatalities, these cases can subject the driver to driver’s license suspensions and large fines.

Here could also be civil liability for this case for wrongful death and negligence. This is a sad lesson on how even short trips to the grocery store or day care can be devastating if seatbelts and car seats aren’t utilized.

July 26, 2010

Florida ATV Injury Lawyer Jason Melton discusses Hernando County ATV Crash that Kills One and Injures Seven

by Whittel & Melton, LLC

In a tragic turn of events, just west of the Sumter – Hernando County line near US Hwy 301, one person is dead and seven are injured. As reported by the Hernando Today, the driver of an all-terrain vehicle crashed into an SUV just prior to 10:30 p.m. this past Saturday evening.

ATV accidents are unfortunately an area that Florida Personal Injury lawyers are all to familiar with, as often times, accidents involving ATV’s involve major injuries and often times death.

Due to the limited safety apparatus’ involved in the use of ATV’s and quite simply, the relatively minor age of the drivers, mistakes are compounded and injuries are far more severe than auto accidents.

Generally speaking, ATV’s can be covered by one’s existing auto insurance coverage. However, it is not uncommon for an Auto Insurance Carrier to create exclusions in their standard auto insurance policy for accidents just like this.

Should the passengers of the SUV be looking for insurance monies to cover medical bills, it is a bit more complicated. The SUV was carrying six (6) passengers. In an accident like this, it will be important for the injured persons of the SUV to look not only to the insurance policy, if any, of the ATV, but also if there exists any Under-Insured or Un-Insured Motorists (UM) Coverage by the driver of the SUV and lastly if the passenger themselves (or parents in some cases) have UM coverage.

July 5, 2010

Florida BP Oil Spill Legal Update :: Florida Restaurants may have opportunity to join class action

by Whittel & Melton, LLC

The day that Florida restaurants and seafood suppliers sue BP for April’s Deep Horizon oil spill may come sooner than later thanks to New Orleans’ Chef Susan Spicer. Last Friday, Spicer sued BP in Louisiana Federal Court.

According to Zest: The Florida Foodie Insider’s Guide, Spicer’s attorney filed the lawsuit in New Orleans federal court asking the court to certify a class-action status for restaurants and seafood sellers who have suffered damages from the April 20 drilling rig explosion in the Gulf of Mexico. The lawsuit is presumably also based on the deterioration of the tourist industry, which may account for a significant portion of her business as well as the loss of the ability to serve indigenous seafood that has either become unavailable or significantly more expensive.

For more information about the BP oil spill and how Florida residents, fisherman and restaurants are preserving their rights, contact The Florida Personal Injury law firm of Whittel & Melton at 1-866-608-5529 or online.