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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.

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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.

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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.

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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.

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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.

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An 80-year-old Hernando County resident was rushed to Spring Hill Regional Hospital for treatment of a critical injury. The local news is reporting that this Central Florida octogenarian was driving his 1984 Datsun pickup truck on County Line Road (Hernando County side) and drifted in the westbound lane (Pasco County side) causing a head-on collision with a tractor-trailer.

The news reports that the driver of the truck was not wearing a seatbelt, yet was uninjured in the serious motor vehicle crash. Generally a truck accident of this magnitude this will make an immediate impact on insurance policies. Obviously, if the driver of the work truck was engaged in some kind of employment and interesting legal scenario can evolve whereby he may have both a workers’ compensation claim with his employer’s policy, but also have a simple auto negligence claim for the actions of the 1984 Datsun. In other words, after the workers’ compensation claim is completed, the automobile insurance policies can distribute appropriate compensation for the pain and suffering that went unreimbursed during the workers’ compensation claim.

Often times, drivers involved in such a serious accident may be “uninjured” only to learn later of chronic neck and back pain. The reason for this is different in every case but commonly you will find that: 1) The Emergency Room doctors do an exceptionally poor job of determining levels of pain if it is abundantly clear that no life threatening injuries are apparent; 2) After a big collision the human body does an amazing job of masking pain to help cope with the situation; and 3) When another person is very seriously hurt, your injuries, although serious, may seem relatively minor.

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The Gainesville Sun is reporting that a 24 year old woman was tragically hit by a car and killed Monday night on Archer Road in Gainesville.

According to police, the accident occurred at 6:45 p.m. while the young woman was walking south in the 2300 block of Archer Road. Apparently, she was not walking in a crosswalk when an eastbound driver moved into the center lane of the three-lane roadway to avoid a group of pedestrians, and hit her. Police spokesman said it appeared the left front bumper of the car struck the pedestrian, who rolled on top of the hood. She was pronounced dead a short time later at the trauma unit at Shands at the University of Florida.

Alachua County traffic homicide unit officials do not believe that was due to drug or alcohol impairment.

Although it is probably not the first priority on their minds today, the victim’s family may have a claim for wrongful death against the driver. Generally, under Florida law, Wrongful Death actions are lawsuits that arise after an individual dies as a result of the negligence of another. In Wrongful death actions, a lawsuit must be filed within two years of the accident, instead of the usual four years that is required in other civil lawsuits. It is for this reason that it is so important for families who have lost a loved one e due to the negligence or carelessness of another, to contact an experienced wrongful death attorney promptly to discuss their case—otherwise, they may lose the ability to assert a claim.

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This Wednesday, a Brooksville jury awarded Angela Stone, a mother who lost her 12-year-old daughter in a DUI crash, $330 million in civil damages for wrongful death. This verdict is believed to be the largest award of its kind in Hernando County history. Tony Marrero from the St. Petersburg Times interviewed the jury foreperson after the verdict was rendered and she said that the award was so large because the jury felt that “Nothing can compensate her [the mother]…but if the figure that sits in the newspaper looks so enormous it stops one person and spares one family that kind of tragedy, it’s enough.”

The Defendant, Christopher Marcone is already serving 13 years in Florida State prison for DUI manslaughter. It is unlikely that Ms. Stone will recover the entirety of the $330 million, since the defendant is incarcerated, but that’s not really the point.

What’s important to take away from this case is that many people do not know what rights they have when they lose a loved one to a DUI crash. When someone dies in a DUI accident caused by another driver, the personal representative from the decedant’s estate has the ability to file a wrongful death lawsuit and to ask for punitive damages, not just compensatory damages. Under Florida law, there is no cap on punitive damages. However, there is a sort of “race to the courts” in wrongful death cases because the estate representative has only two (2) years to file their lawsuit. And in order to do this, they must first set up an estate on their loved one’s behalf to be able to sue.

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TBO.com is reporting a sad tragedy from last week. According to Florida Highway Patrol reports, a Wesley Chapel motorcyclist died Sunday night after he lost control of his motorcycle and crashed in the southbound on Interstate 75 at State Road 56.

According to reports, the motorcycle crashed into the median and struck a guardrail. The driver, who was wearing a helmet, was ejected from the motorcycle and ended up in the grass median where he died at the scene.

Unfortunately, motorcycle accidents are a major concern to Highway Safety advocates. The National Highway Traffic Safety Administration (NHTSA) estimates that approximately 4,800 people died in motorcycle accidents in 2006 and around 88,000 were injured. The State of Florida led all states in crashes that resulted in fatalities.

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This week, the Florida Highway Patrol announced the results of the law enforcement initiative that focused on drivers who run red lights. FHP participated in the National Stop On Red Week, and troopers issued 1,190 red light citations along with other citations for poor driving behavior–such as speeding and failure to wear a safety belt.

Last year, red light running in Florida led to 76 fatalities and 7,100 car accidents where property or people were injured. According to the FHP, the leading excuse offered by drivers for running a red light is “being in a hurry.”

If you have been injured in a Hernando County car accident, you need an experienced attorney to fight for your rights. The attorneys at Whittel & Melton, LLC seek a fair settlement in every case we handle, and build every case with an eye toward trial so that when drivers–and the insurance companies that represent drivers–do not make a fair settlement offer, we can fight for you in court. If you were hurt in a motor vehicle accident, contact us online or call 1-866-608-5529.

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