May 19, 2013

Ft. Pierce Woman Killed at Airport

airport.jpgToday, a Fort Pierce woman was killed at the Fort Lauderdale-Hollywood International Airport after being struck by a Miami Cruise Charter Bus. Officials reported that 68-year-old Cheryl Bazillius fell after exiting her SUV while waiting at the terminal for her husband. After falling, she was struck by the Miami Cruise Charter Bus. The incident is still under investigation.

A victim must prove four things when brining a car accident claim; (1) duty, (2) breach, (3) causation, and (4) damages. The victim must prove that the defendant owed the victim a duty to drive his/her vehicle in a responsible manner. The victim must also prove that the defendant's actions, i.e., running a red light, texting and/or talking on the phone while driving, driving intoxicated, speeding or failing to obey any other traffic law, was a breach of said duty. After The Izquierdo Law Firm has established that the defendant had a duty and that he breached said duty, negligence is established. However, for the victim to recover, he must also prove that the damages sustained were caused by the defendant's negligence. Often times, the insurance company will try to claim that the injuries were pre-existing and were not caused by their insured's negligence. Insurance companies will also try to claim that the victim was negligent in some way and that they should be barred from recovery. Because an insurance company is in the business of making money by trying to avoid paying out claims, it is essential that you retain Mr. Izquierdo as your attorney. He works closely with an expert medical team to establish that the injuries sustained by our clients were a result of the defendant's negligence. The Izquierdo Law Firm will make sure that the insurance companies do not avoid liability or issuing just compensation.

Furthermore, the accident left Bazillius dead. Per the Florida Wrongful Death Act, which is Florida Statute 768.19, a claim is allowed to survive the victim's death. In order to bring a claim as personal representative of the decedent's estate, probate must be opened and an individual's request to be appointed personal representative must be approved by the court. At Alexis Izquierdo, P.A., we take care of opening probate on the decedent's estate and make sure all the formalities that are required by the courts are observed.

Wrongful death cases are complicated due to requiring the assistance of a capable attorney like Mr. Alexis Izquierdo. Many times it can be difficult to obtain a complete picture of how the events happened because the victim, the person with first-hand knowledge, is not here to give us their story. In order to assist with putting the victim's story together, Mr. Izquierdo relies on the official death reports prepared by the medical examiner's office and the homicide detectives. He also retains his own investigators to look into the events that led to the tragic death. Furthermore, Mr. Izquierdo seeks the guidance of medical experts to better understand the medical reasons behind the death of the victim.

If you are injured in an automobile accident, you should seek representation from our experienced team at The Izquierdo Law Firm. You should not have to fight alone when you are surrounded by parties whose interests will be well protected by a team of attorneys. Insurance companies deal with complex automobile related litigation on a daily basis. Usually, an insurance company will try to present settlement papers right away in order to limit their liability. It is important that you do not sign any documents prior to seeking the help of an experienced personal injury attorney like Mr. Izquierdo. To safeguard your rights, please contact The Izquierdo Law Firm for a free consultation.


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May 19, 2013

Florida Creates Nursing Home Watch List

nursinghome.jpgPeople from all over the world retire in Florida because of its popularity as one of the best retirement spots. Usually, those who retire in Florida are able to take care of themselves. However, unfortunate circumstances may lead to the retirees moving into a nursing home. Within a nursing home quality care is expected, but that is not always the case. Allegations of abuse, neglect and more have surfaced from over 10 nursing homes throughout Florida, which led to a watch list being created.

If the nursing home failed to offer proper security then it may be civilly liable. This is because a property owner is responsible for any harm that comes to its inhabitants while on their premises. If said harm was foreseeable and the nursing home failed to take any actions to prevent it, then they are civilly liable for the injuries of the victim. Nursing homes owe a reasonable duty of care, which can be fulfilled by making sure the entry to the establishment and the usage of the establishment is safe. As a result, nursing homes may be liable given the unfortunate circumstances where injures occur on its premises.

If you or a loved one has been injured as a result of someone else's intentional acts or omissions, please contact Alexis Izquierdo for a free consultation regarding your rights. At Alexis Izquierdo, P.A., we have the resources and the experience that is necessary for your claim to be successful.

May 19, 2013

One Man Shot Dead and Another Injured in Pine Hills

Hiawassee.jpgSaturday, May 19th, 30-year-old Cleveland Reid was found dead in the street of the Hiawassee Meadows subdivision. According to the Orange County Sherriff's Department, a shooting took place, which caused Reid's death and minor injuries to an unidentified 38-year-old man. The incident is still under investigation. Anyone with information is encouraged to contact the Crimeline at 800-423-8477.

From a civil standpoint, the shooter may not be the only liable party. If the Hiawassee Meadows subdivision failed to offer proper security then it may be civilly liable. This is because a property owner is responsible for any harm that comes to others while on their premises. If said harm was foreseeable and the Hiawassee Meadows subdivision failed to take any actions to prevent it, then they are civilly liable for the injuries of the victim. The Hiawassee Meadows subdivision owes a reasonable duty of care, which can be fulfilled by making sure the entry and living area of the subdivision is safe. As a result, the Hiawassee Meadows subdivision may be liable given the unfortunate circumstances that took place in which the Reid was killed and another person was injured on its premises.

If you or a loved one has been injured as a result of someone else's intentional acts or omissions, please contact Alexis Izquierdo for a free consultation regarding your rights. At Alexis Izquierdo, P.A., we have the resources and the experience that is necessary for your claim to be successful.

May 19, 2013

Gainsville Man Arrested for DUI

DUI.jpgAs a result of driving under the influence, 27-year-old Justin John Wood caused an accident that he stated he does not remember. Wood hit a vehicle from behind around 6:50 p.m. on Friday, May 18th at 1500 NW 34th St. causing over $10,000 in damage. Wood's vehicle contained empty beer cans, gas cartridges and compressed air containers. It is not clear whether Wood had received any alcohol from an establishment that night. However, the gas cartridges and compressed air containers are reported as instruments used to get high.

If Wood received alcohol from an establishment he may not be the only party liable for the accident. Establishments that sell alcoholic beverages can be held liable for the actions of their intoxicated patrons. Florida's dram shop law imposes strict liability to businesses that sell alcoholic beverages to minors or individuals that are already visibly intoxicated. Florida Statute § 768.125 provides that a person who willfully and unlawfully sells or furnishes alcoholic beverages to a minor, or who knowingly serves a person who is already visibly intoxicated any beverages, may become liable for injury or damages resulting from the intoxication of such minor or person.

If you have been seriously injured or a loved one has been killed as a result of a drunk driver, it is important that you consult Mr. Izquierdo to determine what your rights are. Just because you were a victim of a drunk driver does not mean that you can bring a claim against the establishment that served alcohol. The Plaintiff must prove that said establishment had notice of the driver's intoxication prior to selling him the alcoholic beverage. As your attorney, Mr. Izquierdo must prove that the establishment knew or should have known of the customer's state of inebriation. Alexis Izquierdo, P.A., can help you determine if you have a claim, not only against the drunk individual that was the direct cause of your injuries, but against the business that served them alcohol.

Because the burden of proof rests with the Plaintiff, it is essential that you retain an attorney with the resources to gather the necessary evidence to help you prove your case. At Alexis Izquierdo, P.A., we have the resources and the experience that is necessary for your claim to be successful. If you or a loved one has been the victim of a drunk driver that was served too much alcohol by an establishment in violation of Florida Law, contact the offices of Alexis Izquierdo, P.A., for a free consultation.

May 19, 2013

Patrolman Runs Over DeLand Man

patrolcar.jpg38-year-old Marlon Brown died on the morning of May 8th after being ran over by DeLand patrolman James Harris. First, Brown was pursued by a Volusia County Sheriff's Office deputy for not wearing his seatbelt. Once Brown fled, the deputy radioed dispatchers reporting the situation. The report was intercepted by officer Ferrari who followed Brown after activating his blue lights into an open lot behind 901 S. Delaware. Witnesses advised investigators that Brown feared going back to jail and that is why he ran after stopping his car. Patrolman James Harris pulled up to the scene and drove past Ferrari's stopped patrol car striking Brown causing him to go under the patrol car. As a result, Brown died. The case is under investigation as a traffic homicide.

As a result of the unfortunate events that took place, Brown died. If the accident was caused because of the negligence of a third party, the victim's family may be able to recover. In regards to the automobile accident four things have to be proved when bringing a car accident claim; (1) duty, (2) breach, (3) causation, and (4) damages. The victim must prove that the defendant owed the victim a duty to drive his/her vehicle in a responsible manner. The victim must also prove that the defendant's actions, i.e., running a red light, texting and/or talking on the phone while driving, driving intoxicated, speeding or failing to obey any other traffic law, was a breach of said duty. After The Izquierdo Law Firm has established that the defendant had a duty and that he breached said duty, negligence is established. However, for the victim to recover, he must also prove that the damages sustained were caused by the defendant's negligence. Often times, the insurance company will try to claim that the injuries were pre-existing and were not caused by their insured's negligence. Insurance companies will also try to claim that the victim was negligent in some way and that they should be barred from recovery. Because an insurance company is in the business of making money by trying to avoid paying out claims, it is essential that you retain Mr. Izquierdo as your attorney. He works closely with an expert medical team to establish that the injuries sustained by our clients were a result of the defendant's negligence. The Izquierdo Law Firm will make sure that the insurance companies do not avoid liability or issuing just compensation.

Given the death of Brown, per the Florida Wrongful Death Act, which is Florida Statute 768.19, a claim is allowed to survive the victim's death. In order to bring a claim as personal representative of the decedent's estate, probate must be opened and an individual's request to be appointed personal representative must be approved by the court. At Alexis Izquierdo, P.A., we take care of opening probate on the decedent's estate and make sure all the formalities that are required by the courts are observed.

Wrongful death cases are complicated due to requiring the assistance of a capable attorney like Mr. Alexis Izquierdo. Many times it can be difficult to obtain a complete picture of how the events happened because the victim, the person with first-hand knowledge, is not here to give us their story. In order to assist with putting the victim's story together, Mr. Izquierdo relies on the official death reports prepared by the medical examiner's office and the homicide detectives. He also retains his own investigators to look into the events that led to the tragic death. Furthermore, Mr. Izquierdo seeks the guidance of medical experts to better understand the medical reasons behind the death of the victim.

If you are injured in an automobile accident or a loved one has died as a result of someone else's intentional acts or omissions, you should seek representation from our experienced team at The Izquierdo Law Firm. You should not have to fight alone when you are surrounded by parties whose interests will be well protected by a team of attorneys. Insurance companies deal with complex automobile related litigation on a daily basis. Usually, an insurance company will try to present settlement papers right away in order to limit their liability. It is important that you do not sign any documents prior to seeking the help of an experienced personal injury attorney like Mr. Izquierdo. To safeguard your rights, please contact The Izquierdo Law Firm for a free consultation.

May 12, 2013

Seminole Firefighters Respond to Oviedo Home Being on Fire

oviedo.jpgSeminole County firefighters responded to an Oviedo home being on fire early in the morning on May 9th. Unfortunately, about 25% of the home was destroyed. No injuries have been reported. The state fire marshal is still investigating the cause of the fire.

According to the U.S. Department of Homeland Security roughly 3,000 people die in residential fires each year. Two-thirds of the deadly residential fires had no smoke alarm present in the home. A smoke alarm could have deterred the deaths and the fire from spreading. Furthermore, other detrimental elements such as faulty wiring, cooking, negligent storing of paint cans, playing with matches, careless smoking, and more.

If the fire was the result of negligence by a third party, a claim may be brought on the victim's behalf. Per the Florida Wrongful Death Act, which is Florida Statute 768.19, a claim is allowed to survive the victim's death. In order to bring a claim as personal representative of the decedent's estate, probate must be opened and an individual's request to be appointed personal representative must be approved by the court. At Alexis Izquierdo, P.A., we take care of opening probate on the decedent's estate and make sure all the formalities that are required by the courts are observed.

Wrongful death cases are complicated due to requiring the assistance of a capable attorney like Mr. Alexis Izquierdo. Many times it can be difficult to obtain a complete picture of how the events happened because the victim, the person with first-hand knowledge, is not here to give us their story. In order to assist with putting the victim's story together, Mr. Izquierdo relies on the official death reports prepared by the medical examiner's office and the homicide detectives. He also retains his own investigators to look into the events that led to the tragic death. Furthermore, Mr. Izquierdo seeks the guidance of medical experts to better understand the medical reasons behind the death of the victim.

If a loved one has died as a result of someone else's intentional acts or omissions, please contact wrongful death attorney Alexis Izquierdo for a free consultation regarding your rights and probate duties. You may be entitled to monetary relief for funeral expenses and loss of financial support among many other things.

May 12, 2013

St. Cloud Woman Arrested for Desecrating Multiple Graves

debra-farinella-20130509.jpgLoosing a loved one is a sad part of life that everyone experiences. Many find some sort of serenity by knowing that their loved one's wishes were carried out and that they are at peace after being laid to rest. Unfortunately, that is not always the case. Thursday, May 9th a St. Cloud woman was arrested on a grand-theft charge due to an investigation that revealed she had stolen roughly 146 objects from a city-owned cemetery on 10th Street. 57-year-old, Debra Farinella, had taken statutes, lights, decorations and many other items from the graves at the cemetery. She was booked into the Osceola County Jail. The total amount of victims is still under investigation. If you or someone you know have been victimized, the St. Cloud police department is asking you to contact them at 407-891-6700.

Too often graves are desecrated by tampering with the remains, defacing the tombstone, disturbing any of the grave's contents and more. Under Florida Statutes 872 desecration is illegal and may qualify as a felony of the second or third degree. Grave desecration causes the family members of the deceased to experience emotional distress disturbing their mental state and ability to live normal lives. If you have suffered emotional distress due to your loved one's grave being desecrated do not hesitate to contact the law offices of Alexis Izquierdo, P.A., where we specialize in cases such as this. Our highly trained legal staff will work diligently on your behalf to get you the justice that you deserve.

May 10, 2013

Fort Myers Motorcyclist Killed in Accident

motorcyclecrash.jpgThursday, May 9th Anthony David Krizka, 26 was reported dead after being involved in a motorcycle accident. The Lee County Sheriff's Office reported to the scene around 11:12 p.m. The incident took place after Krizka was unable to negotiate a curve at a high rate of speed on Ben Hill Griffin Parkway. He was ejected and treated for his critical injuries at the Gulf Coast Hospital, where he later died.

Unfortunately, car accidents result in pain and suffering of the physical injuries sustained because of the negligence of a third party and expenses of lost wages and massive medical bills. Many times serious injuries resulting from the car accident do not present themselves immediately; serious lumbar and spinal injuries, neck injuries, brain injuries and/or other significant illnesses may take time to progress and become noticeable.

A victim must prove four things when brining a car accident claim; (1) duty, (2) breach, (3) causation, and (4) damages. The victim must prove that the defendant owed the victim a duty to drive his/her vehicle in a responsible manner. The victim must also prove that the defendant's actions, i.e., running a red light, texting and/or talking on the phone while driving, driving intoxicated, speeding or failing to obey any other traffic law, was a breach of said duty. After The Izquierdo Law Firm has established that the defendant had a duty and that he breached said duty, negligence is established. However, for the victim to recover, he must also prove that the damages sustained were caused by the defendant's negligence. Often times, the insurance company will try to claim that the injuries were pre-existing and were not caused by their insured's negligence. Insurance companies will also try to claim that the victim was negligent in some way and that they should be barred from recovery. Because an insurance company is in the business of making money by trying to avoid paying out claims, it is essential that you retain Mr. Izquierdo as your attorney. He works closely with an expert medical team to establish that the injuries sustained by our clients were a result of the defendant's negligence. The Izquierdo Law Firm will make sure that the insurance companies do not avoid liability or issuing just compensation.

Furthermore, the accident left Krizka dead. Per the Florida Wrongful Death Act, which is Florida Statute 768.19, a claim is allowed to survive the victim's death. In order to bring a claim as personal representative of the decedent's estate, probate must be opened and an individual's request to be appointed personal representative must be approved by the court. At Alexis Izquierdo, P.A., we take care of opening probate on the decedent's estate and make sure all the formalities that are required by the courts are observed.

Wrongful death cases are complicated due to requiring the assistance of a capable attorney like Mr. Alexis Izquierdo. Many times it can be difficult to obtain a complete picture of how the events happened because the victim, the person with first-hand knowledge, is not here to give us their story. In order to assist with putting the victim's story together, Mr. Izquierdo relies on the official death reports prepared by the medical examiner's office and the homicide detectives. He also retains his own investigators to look into the events that led to the tragic death. Furthermore, Mr. Izquierdo seeks the guidance of medical experts to better understand the medical reasons behind the death of the victim.

If you are injured in an automobile accident, you should seek representation from our experienced team at The Izquierdo Law Firm. You should not have to fight alone when you are surrounded by parties whose interests will be well protected by a team of attorneys. Insurance companies deal with complex automobile related litigation on a daily basis. Usually, an insurance company will try to present settlement papers right away in order to limit their liability. It is important that you do not sign any documents prior to seeking the help of an experienced personal injury attorney like Mr. Izquierdo. To safeguard your rights, please contact The Izquierdo Law Firm for a free consultation.

May 8, 2013

Jacksonville Deputy Facing Multiple DUI Charges

35067928001_2365881460001_video-still-for-video-2365912035001.jpgAs a result of driving under the influence, 40-year-old Diana Laura Jones, a deputy with the Jacksonville Sheriff's Office, was arrested after allegedly striking five cars and leaving the scene of an accident. Jones had a DUI related crash in March of 2006 and was reportedly driving her patrol car under the influence in 2011. The department is awaiting the trial and if the charges are proven against Jones, she will be terminated.

Establishments that sell alcoholic beverages can be held liable for the actions of their intoxicated patrons. Florida's dram shop law imposes strict liability to businesses that sell alcoholic beverages to minors or individuals that are already visibly intoxicated. Florida Statute § 768.125 provides that a person who willfully and unlawfully sells or furnishes alcoholic beverages to a minor, or who knowingly serves a person who is already visibly intoxicated any beverages, may become liable for injury or damages resulting from the intoxication of such minor or person.

If you or a loved one have been seriously injured or killed as a result of a drunk driver, it is important that you consult Mr. Izquierdo to determine what your rights are. Just because you were a victim of a drunk driver does not mean that you can bring a claim against the establishment that served alcohol. The Plaintiff must prove that said establishment had notice of the driver's intoxication prior to selling him the alcoholic beverage. As your attorney, Mr. Izquierdo must prove that the establishment knew or should have known of the customer's state of inebriation. Alexis Izquierdo, P.A., can help you determine if you have a claim, not only against the drunk individual that was the direct cause of your injuries, but against the business that served them alcohol.

Because the burden of proof rests with the Plaintiff, it is essential that you retain an attorney with the resources to gather the necessary evidence to help you prove your case. At Alexis Izquierdo, P.A., we have the resources and the experience that is necessary for your claim to be successful. If you or a loved one has been the victim of a drunk driver that was served too much alcohol by an establishment in violation of Florida Law, contact the offices of Alexis Izquierdo, P.A., for a free consultation.

May 8, 2013

Palm Beach Business Engulfed in Flames

sfl-fire-destroys-car-repair-business-in-belle-001.jpgThe Palm Beach County Fire Rescue responded to the Belle Glade car repair business being engulfed in flames. According to the Palm Beach County Fire Rescue Captain, Albert Borroto, flames were shooting through the rough of the business around 11:50 pm on May 8th. The hosing down of the business continued throughout the wee hours of the morning. Fortunately, no injuries were reported and the building was empty when the fire occurred.

According to the U.S. Department of Homeland Security roughly 3,000 people die in residential fires each year. Two-thirds of the deadly residential fires had no smoke alarm present in the home. A smoke alarm could have deterred the deaths and the fire from spreading. Furthermore, other detrimental elements such as faulty wiring, cooking, negligent storing of paint cans, playing with matches, careless smoking, and more.

If the fire was the result of negligence by a third party, a claim may be brought on the victim's behalf. Per the Florida Wrongful Death Act, which is Florida Statute 768.19, a claim is allowed to survive the victim's death. In order to bring a claim as personal representative of the decedent's estate, probate must be opened and an individual's request to be appointed personal representative must be approved by the court. At Alexis Izquierdo, P.A., we take care of opening probate on the decedent's estate and make sure all the formalities that are required by the courts are observed.

Wrongful death cases are complicated due to requiring the assistance of a capable attorney like Mr. Alexis Izquierdo. Many times it can be difficult to obtain a complete picture of how the events happened because the victim, the person with first-hand knowledge, is not here to give us their story. In order to assist with putting the victim's story together, Mr. Izquierdo relies on the official death reports prepared by the medical examiner's office and the homicide detectives. He also retains his own investigators to look into the events that led to the tragic death. Furthermore, Mr. Izquierdo seeks the guidance of medical experts to better understand the medical reasons behind the death of the victim.

If a loved one has died as a result of someone else's intentional acts or omissions, please contact wrongful death attorney Alexis Izquierdo for a free consultation regarding your rights and probate duties. You may be entitled to monetary relief for funeral expenses and loss of financial support among many other things.

May 7, 2013

Deerfield Beach Residents Involved in Horrific Car Crash

charlottecrash.jpgA fatal car crash near MM 156 on I-75 led to fire crews being reported to the scene. The Florida Highway Patrol reported that the horrific accident included a single vehicle rollover crash, which occurred on Monday, May 6th around 8:30 p.m. Frank Zaccone, the driver, is in serious condition at the Lee Memorial Hospital and his passenger, Judy Hanna, was pronounced dead at the Charlotte Regional Medical Center. The crash is still under investigation.

As a result of the car accident, Zaccone was seriously injured and Hanna died. If the accident was caused because of the negligence of a third party, the victim's family may be able to recover. In regards to the automobile accident four things have to be proved when bringing a car accident claim; (1) duty, (2) breach, (3) causation, and (4) damages. The victim must prove that the defendant owed the victim a duty to drive his/her vehicle in a responsible manner. The victim must also prove that the defendant's actions, i.e., running a red light, texting and/or talking on the phone while driving, driving intoxicated, speeding or failing to obey any other traffic law, was a breach of said duty. After The Izquierdo Law Firm has established that the defendant had a duty and that he breached said duty, negligence is established. However, for the victim to recover, he must also prove that the damages sustained were caused by the defendant's negligence. Often times, the insurance company will try to claim that the injuries were pre-existing and were not caused by their insured's negligence. Insurance companies will also try to claim that the victim was negligent in some way and that they should be barred from recovery. Because an insurance company is in the business of making money by trying to avoid paying out claims, it is essential that you retain Mr. Izquierdo as your attorney. He works closely with an expert medical team to establish that the injuries sustained by our clients were a result of the defendant's negligence. The Izquierdo Law Firm will make sure that the insurance companies do not avoid liability or issuing just compensation.

Given the death of Hanna, per the Florida Wrongful Death Act, which is Florida Statute 768.19, a claim is allowed to survive the victim's death. In order to bring a claim as personal representative of the decedent's estate, probate must be opened and an individual's request to be appointed personal representative must be approved by the court. At Alexis Izquierdo, P.A., we take care of opening probate on the decedent's estate and make sure all the formalities that are required by the courts are observed.

Wrongful death cases are complicated due to requiring the assistance of a capable attorney like Mr. Alexis Izquierdo. Many times it can be difficult to obtain a complete picture of how the events happened because the victim, the person with first-hand knowledge, is not here to give us their story. In order to assist with putting the victim's story together, Mr. Izquierdo relies on the official death reports prepared by the medical examiner's office and the homicide detectives. He also retains his own investigators to look into the events that led to the tragic death. Furthermore, Mr. Izquierdo seeks the guidance of medical experts to better understand the medical reasons behind the death of the victim.

If you are injured in an automobile accident or a loved one has died as a result of someone else's intentional acts or omissions, you should seek representation from our experienced team at The Izquierdo Law Firm. You should not have to fight alone when you are surrounded by parties whose interests will be well protected by a team of attorneys. Insurance companies deal with complex automobile related litigation on a daily basis. Usually, an insurance company will try to present settlement papers right away in order to limit their liability. It is important that you do not sign any documents prior to seeking the help of an experienced personal injury attorney like Mr. Izquierdo. To safeguard your rights, please contact The Izquierdo Law Firm for a free consultation.

April 17, 2013

Crash Involving Multiple Cars

130416050512_041613_295at17crash.JPGIn Jacksonville, Florida all northbound lanes of I-295 were closed due to a crash. Unfortunately, the crash involved 8-10 cars. Officers had to divert traffic around the crash. Movement was very slow in that area, causing several delays.

As a result of the car accident several people were injured. Four things have to be proven when bringing a car accident claim; (1) duty, (2) breach, (3) causation, and (4) damages. The victim must prove that the defendant owed the victim a duty to drive his/her vehicle in a responsible manner. The victim must also prove that the defendant's actions, i.e., running a red light, texting and/or talking on the phone while driving, driving intoxicated, speeding or failing to obey any other traffic law, was a breach of said duty. After The Izquierdo Law Firm has established that the defendant had a duty and that he breached said duty, negligence is established. However, for the victim to recover, he must also prove that the damages sustained were caused by the defendant's negligence. Often times, the insurance company will try to claim that the injuries were pre-existing and were not caused by their insured's negligence. Insurance companies will also try to claim that the victim was negligent in some way and that they should be barred from recovery. Because an insurance company is in the business of making money by trying to avoid paying out claims, it is essential that you retain Mr. Izquierdo as your attorney. He works closely with an expert medical team to establish that the injuries sustained by our clients were a result of the defendant's negligence. The Izquierdo Law Firm will make sure that the insurance companies do not avoid liability or issuing just compensation.

If you or a loved one has been injured in an automobile accident, you should seek representation from our experienced team at The Izquierdo Law Firm. You should not have to fight alone when you are surrounded by parties whose interests will be well protected by a team of attorneys. Insurance companies deal with complex automobile related litigation on a daily basis. Usually, an insurance company will try to present settlement papers right away in order to limit their liability. It is important that you do not sign any documents prior to seeking the help of an experienced personal injury attorney like Mr. Izquierdo. To safeguard your rights, please contact The Izquierdo Law Firm for a free consultation.

April 17, 2013

Florida Senate Unanimously Passed Bill Outlawing Texting While Driving

dll77.jpgOn April 16, 2013 The Florida Senate unanimously passed a bill to outlaw text messaging while driving. It awaits the possibility of being passed in the Florida House. Texting, emailing, or instant messaging while driving will be a secondary offense. Accordingly, a first violation is a non-moving violation and a subsequent offense within a five-year period will be a moving violation including fines and points assessed.

Overall, texting while driving is dangerous, but especially for young inexperienced drivers and the elderly. Texting while driving requires the use of your hand(s) and having to view the screen of your phone instead of the road. Despite these truths, a large majority of the population admits to texting while driving. As a result, At&T launched a campaign against texting while driving.

Statistics show that someone who is texting while driving is six times more likely to cause an accident. In an effort to combat this issue in Florida Representative Doug Holder re-introduced SB 416 in Tallahassee, which would ban texting while driving. Those found guilty of the crime would be fined $30 for the first offense. 71% of voters supported the bill. However, it was never passed. Recently, Senator Nancy Detert's presented the SB 416 plan to the Florida Legislature. However, no law against texting while driving has been created. Senator Detert is hoping that the bill is passed next year. Florida is one of the eleven states without a ban on texting while driving; despite the fact that California has proven that their ban on texting has reduced auto accidents by 70%.

As a result of a car accident, not only will the victim(s) endure the pain and suffering of the physical injuries sustained because of the negligence of a third party, but they will also likely face the expenses of lost wages and massive medical bills. An airlift or ambulance ride to the emergency room can easily cost $10,000; at which point PIP benefits have been exhausted but the victim still faces long months of physical therapy and perhaps even surgery. Many times serious injuries resulting from the car accident do not present themselves immediately; serious lumbar and spinal injuries, neck injuries, brain injuries and/or other significant illnesses may take time to progress and become noticeable.

A victim must prove four things when bringing a car accident claim; (1) duty, (2) breach, (3) causation, and (4) damages. The victim must prove that the defendant owed the victim a duty to drive his vehicle in a responsible manner. The victim must also prove that the defendant's actions, i.e., running a red light, texting and/or talking on the phone while driving, driving intoxicated, speeding or failing to obey any other traffic law, was a breach of said duty. After Mr. Izquierdo has established that defendant had a duty and that he breached said duty, he has established negligence. However, for the victim to recover, he must also prove that the damages sustained where caused by the defendant's negligence. Often times insurance company will try to claim that the injuries were pre-existing and where not caused by their insured's negligence. Insurance companies will also try to claim that the victim was negligent in some way and that they should be barred from recovery. Because an insurance company is in the business of making money by trying to avoid paying out claims, it is essential that you retain Mr. Izquierdo as your attorney. He works closely with an expert medical team to establish that the injuries sustained by our clients were a result of the defendant's negligence. Mr. Izquierdo will make sure that the insurance companies do not avoid liability or paying as they should.

April 17, 2013

Should Guns be Allowed in Florida Schools?

gun777.jpgThe Bill that will allow Florida teachers and other school employees to be armed on school premises is known as HB 1097. The House Judiciary Committee has advanced this Bill on an 11-7 vote. Mainly Democrats and a few Republicans are voting against the Bill and calling for it to be debated much more due to allowing the school principals to decide who should be armed, the possibility of a gun being wrestled away from a designated armed person and more. However, those in favor of the Bill argue that it is a way to combat the problem of not having school resource officers due to insufficient funding.

From a civil standpoint, the school may be civilly liable if a student and/or an employee is harmed, regardless of the person being a designated armed person. The Schools involved in the bill are public institutions that are governed by the County, which subjects the County to civil liability. This is because a property owner in the County is responsible for any harm that comes to its invitees while on their premises. If said harm was foreseeable and the County failed to take any actions to prevent it, then it is civilly liable for any injuries to the students and employees.

Schools take precautions to ensure its students safety by fencing in their premises, only allowing certain people on the premises, prohibiting harmful objects from being brought on its premises, and more. Furthermore, it requires its employees to uphold the safety precautions that have been put into place. As a result, the County probably is given notice that an incident involving a student and/or employee may be injured due to allowing firearms on their premises, but will fail to prohibit it from taking place if the Bill is passed. The non-deterrence and negligent security could result in the harm of a student and/or an employee.

If you or your loved one has been a victim of negligent security do not hesitate to contact the law offices of Alexis Izquierdo, P.A., where we specialize in cases such as this. Negligent security by an establishment may rise to civil liability, especially if "notice" of prior criminal activity on the property exists. Our highly trained legal staff will work diligently on your behalf to get you the justice that you deserve.

April 15, 2013

Disabled Man Struck and Killed by Drunk Driver

Bobby_Stout.jpgBobby Stout, a disabled man who resided in Orlando Florida, was killed after being hit by a drunk driver. While the accident was taking place, the passenger grabbed the wheel from the drunk driver. Unfortunately, that did not deter Stout from being hit and killed. On Friday, April 12th, both the drunk driver and the passenger pleaded no contest to vehicular homicide charges. As a result, both will serve one year of community control. Stout's family is outraged at the outcome. This is because the driver, Natalie Houle had a blood alcohol level of twice the legal limit. Furthermore, Houle's passenger, Travis Main, was also drunk. Stout's family is seeking jail time for both Houle and Main.

Unfortunately, car accidents result in pain and suffering of the physical injuries sustained because of the negligence of a third party and expenses of lost wages and massive medical bills. Many times serious injuries resulting from the car accident do not present themselves immediately; serious lumbar and spinal injuries, neck injuries, brain injuries and/or other significant illnesses may take time to progress and become noticeable.

A victim must prove four things when bringing a car accident claim; (1) duty, (2) breach, (3) causation, and (4) damages. The victim must prove that the defendant owed the victim a duty to drive his/her vehicle in a responsible manner. The victim must also prove that the defendant's actions, i.e., running a red light, texting and/or talking on the phone while driving, driving intoxicated, speeding or failing to obey any other traffic law, was a breach of said duty. After The Izquierdo Law Firm has established that the defendant had a duty and that he breached said duty, negligence is established. However, for the victim to recover, he must also prove that the damages sustained were caused by the defendant's negligence. Often times, the insurance company will try to claim that the injuries were pre-existing and were not caused by their insured's negligence. Insurance companies will also try to claim that the victim was negligent in some way and that they should be barred from recovery. Because an insurance company is in the business of making money by trying to avoid paying out claims, it is essential that you retain Mr. Izquierdo as your attorney. He works closely with an expert medical team to establish that the injuries sustained by our clients were a result of the defendant's negligence. The Izquierdo Law Firm will make sure that the insurance companies do not avoid liability or issuing just compensation.

Furthermore, the accident left Stout dead. Per the Florida Wrongful Death Act, which is Florida Statute 768.19, a claim is allowed to survive the victim's death. In order to bring a claim as personal representative of the decedent's estate, probate must be opened and an individual's request to be appointed personal representative must be approved by the court. At Alexis Izquierdo, P.A., we take care of opening probate on the decedent's estate and make sure all the formalities that are required by the courts are observed.

Wrongful death cases are complicated due to requiring the assistance of a capable attorney like Mr. Alexis Izquierdo. Many times it can be difficult to obtain a complete picture of how the events happened because the victim, the person with first-hand knowledge, is not here to give us their story. In order to assist with putting the victim's story together, Mr. Izquierdo relies on the official death reports prepared by the medical examiner's office and the homicide detectives. He also retains his own investigators to look into the events that led to the tragic death. Furthermore, Mr. Izquierdo seeks the guidance of medical experts to better understand the medical reasons behind the death of the victim.

If you are injured in an automobile accident or a loved one has died as a result of an automobile accident, you should seek representation from our experienced team at The Izquierdo Law Firm. You should not have to fight alone when you are surrounded by parties whose interests will be well protected by a team of attorneys. Insurance companies deal with complex automobile related litigation on a daily basis. Usually, an insurance company will try to present settlement papers right away in order to limit their liability. It is important that you do not sign any documents prior to seeking the help of an experienced personal injury attorney like Mr. Izquierdo. To safeguard your rights, please contact The Izquierdo Law Firm for a free consultation.