Florida Personal Injury & Criminal Attorneys

Car Accidents

Florida is a no-fault insurance state, requiring you to first turn to your personal injury protection (PIP) coverage for compensation for medical costs and other economic losses, regardless of fault.

However, you can file a car accident claim against an at-fault driver if you meet certain criteria. You, generally, have four years from the date of a crash to commence a car accident lawsuit in Florida.

The state follows the rule of pure comparative negligence. This means it allows you to recover compensation even if you were partly at fault. Our Hernando County injury attorneys will pursue the full scope of damages to which you may be entitled.

Truck Accidents

Injuries from truck accidents are often devastating because of the size and weight of commercial trucks. Truck drivers must adhere to multiple laws and regulations regarding operation times, logbooks, cargo loading, and vehicle inspections. 

Multiple accident victims, all with catastrophic injuries, may bring claims against the truck driver’s insurance policy after a truck accident. 

Your attorney should investigate the accident’s causes and include any party that may have contributed to it in the lawsuit. For instance, a trucking company may be vicariously liable for its employee driver’s negligence and have direct liability for negligent training, hiring, or supervision.

Motorcycle Accidents

With all its beautiful roads and beach landscapes, Florida is a popular state with motorcyclists. But it also has a high rate of motorcycle accidents. 

Motorcyclists deserve the same respect on the road as other drivers, but they rarely receive it. 

Our Hernando County injury lawyers help victims fight back against allegations of fault to maximize their damages awards.

Premises Liability

Florida property owners must ensure their properties are safe for visitors. This includes repairing dangerous conditions or issuing warnings.

If injured because of a dangerous condition on someone else’s property, you can file a premises liability lawsuit against the property owner. 

These lawsuits can arise from dangerous conditions at grocery stores, gyms, malls, hotels, restaurants, and bars. 

You must show that the property owner knew or should have known about the dangerous condition, failed to repair or warn of it, and that you were injured.

Wrongful Death

A wrongful death lawsuit can be filed when someone’s death is caused by another party’s wrongful act, negligence, default, or breach of contract.

A wrongful death lawsuit in civil court is distinct from any criminal proceedings and may succeed even without a criminal conviction because of the lower burden of proof in civil court. 

In this case, a personal representative of the victim’s estate can file a wrongful death claim with assistance from an injury lawyer in Hernando County. Damages recovered can benefit the decedent’s estate and survivors.

Criminal Defense

We handle both felony and misdemeanor charges in state and federal courts. This includes DUI, drug crimes, violent crimes, sex crimes, theft crimes, white-collar crimes, juvenile offenses, probation violations, and traffic offenses. 

The defense strategy will depend on the charge and circumstances. For instance, in drug crime cases, we investigate how law enforcement collected evidence and may get it suppressed if constitutional requirements were not met.

DUI Defense

We handle all types of DUI charges in Circuit Court and County Court. Even if your blood alcohol concentration was measured at .08 or greater, a conviction is not assured. 

We examine the circumstances of your arrest to determine if your constitutional rights were violated. If the police lacked reasonable suspicion to pull you over, we may get evidence from the stop suppressed.

We might also expose errors in testing procedures.

Criminal Appeals

Our attorneys are often hired to file an appeal after a conviction, sentencing, or final hearing. We review evidence, transcripts, witness testimony, and facts to identify errors that could form the basis for an appeal.

Appeals may be based on errors made during pre-trial motions, plea negotiations, sentencing, trail, or jury selection. 

In Florida State Court, a notice of appeal must be filled within 30 days of the final order.

Employment Law

Employees have substantial protections under federal, state, and local laws. Unfortunately, employers do not always honor their obligations under these laws.

Employment law may involve disputes related to wage, discrimination, harassment, retaliation, or whistleblowing. 

It is important to choose an attorney who can help you craft a claim that maximizes your remedies.

Wage and Hour Law

Wage and hour violations can involve wage theft, a failure to pay the minimum wage, a failure to pay overtime, and more. Whether you are paid hourly or on a salary does not affect whether you are entitled to be paid overtime under the Fair Labor Standards Act (FLSA).

Your overtime eligibility is dictated by whether you are an exempt or non-exempt employee based on the legal criteria for these categories and your job duties, occupation, and wages. 

There are harsh penalties for employers who fail to pay overtime or retaliate against employees seeking unpaid wages.

Employment Discrimination

Federal and State laws prohibit discrimination based on certain protected characteristics. 

Adverse employment decisions that would be prohibited if based on an employee’s protected characteristic include termination, failure to hire, failure to promote, disparate pay, harassment, and more.

The Florida Civil Rights Act prohibits discrimination based on color, race, sex, religion, national origin, disabilities, age, or marital status. 

Sometimes an employer uses a pretext to cloak a discriminatory action, but a careful investigation can reveal the true motive.

Retain a Skillful Attorney to Fight for Your Rights

Whether you were injured in a car accident, arrested for DUI, or denied your proper wages, you should consult a skillful trial attorney. At Whittel & Melton, our success and reputation are recognized by colleagues and judges alike. We are dedicated to developing and maintaining long-term relationships in communities in which we practice. Call us at 866-516-5575 or contact us via our online form for a free consultation with an injury attorney in Hernando County or guidance in a criminal case or employment dispute.