The weekend for love, romance and expressing your feelings to those who you care about was filled with tragedy for the family of a Delray Beach man who died on Saturday. 43-year-old Joseph Kane Smalzer was hit by a car while trying to change a flat tire on Interstate 95. Smalzer was pronounced dead at Broward Health North. 38-year-old Andressa Silva of Pompano Beach hit Smalzer with her 2000 Toyota Corolla around 6 a.m. The incident is still under investigation.
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 Smalzer 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 or your loved one has been killed as the 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.