July 12, 2014

Infant Taken to Hospital due to Police Chase

high-speed-police-chase.jpgThe 4th of July brought more than fireworks and bar-b-q for the Hollywood, Florida police department. While Being pursued by police at John U. Lloyd Beach State Park, 6503 N. Ocean Drive in Dania Beach, an allegedly drunk driver struck a vehicle carrying an infant. The infant was taken to the hospital for precautionary measures. Fortunately, the infant is OK.

Since a car accident occurred law enforcement may be at fault. According to the Florida Highway Patrol Policy Manual "vehicular pursuit of fleeing suspects present a danger to the public, officers and suspects involved in the pursuit." As a result, the law enforcement officer is required to access the situation in regards to the offense that was committed, the weather conditions, and carry out only necessary vehicle pursuits that do not present danger to the public. According to research, this is the general requirement for multiple states throughout the United States.

If you or your loved one has been injured in an automobile accident 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.

July 12, 2014

Two Shot at Boca Nightclub

960x639-1.jpegTwo were injured after a shooting took place at Oasis Night Life in West Boca Raton, Florida. Around 2:45 a.m. two people were shot inside of the club. One person was shot in the torso and the other in the hand. The July 6th shooting resulted in both injured parties being rushed to the hospital. One person was treated at West Boca Medical while the other was treated in Delray. Authorities are still investigating the incident.

This unfortunate event may not solely be the fault of the gun man. It is evident that the gun man's actions injured two people. However, from a civil standpoint, The gun man may not be the only liable party. The two people who were injured were patrons of Oasis Night Life. If the establishment failed to offer the proper security then it may be civilly liable. This is because a property owner is responsible for any harm that comes to its invitees while on their premises. If said harm was foreseeable and Oasis Night Life failed to take any actions to prevent it, then they are civilly liable for the two injured patrons. Oasis Night Life owes 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, Oasis Night Life may be liable given the unfortunate circumstances that took place in which two patrons were 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 attorney Alexis Izquierdo for a free consultation regarding your rights. You may be entitled to monetary relief for medical expenses and more.

June 23, 2014

Four Children Die in Mobile Home Fire

Copy of Oct29th09 010.jpgFour children and one adult died in a mobile home fire. Authorities believe that two of the children were playing with a lighter while in their grandmother's care. The distraught family is trying to raise funds in order to plan the funerals of those lost in the fire. Jacksonville, Florida residents had previously expressed their concern about the welfare of the children. This led to the Department of Child Protective Services to visit Rickey and Jennifer Fowler on several occasions. However, Jennifer Fowler's sister admits that they all have their problems but they still take care of their kids. The fire destroyed the entire mobile home.

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.

June 23, 2014

Clearwater Man Becomes Airborne After Colliding with a Vehicle

clearwater.gifA Clearwater man on a motorcycle became airborne after colliding with a vehicle. The motorcyclist, Michael Smith had the right away but a vehicle making a left turn knocked him off of his motorcycle, throwing him into the air, causing him to roll over the top of the car and to land in the intersection. Fortunately, Smith was able to walk away from the accident. However, he is still without transportation.

Unfortunately, most motorcycle 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 motorcycle 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 motorcycle 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 are injured in a motorcycle 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.

June 6, 2014

Lauderhill Chevron Robbed at Gunpoint

Lauderhill-robbers.jpgOn Tuesday, around 2:15 a.m. two men robbed a Chevron gas station on 5585 N. University Drive at gunpoint. One man aimed the gun at the store clerk and demanded money, while the other man took alcohol. The men are reported to have previously entered the gas station and later returned to rob it. After robbing the gas station, the assailants fled the scene in an older-model station wagon with tinted windows. If you have further information please contact the Lauderhill police at 954-497-4700 or Broward County Crime Stoppers at 954-493-TIPS.

From a civil standpoint, the robbers may not be the only liable party. If the Chevron 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 employees and customers while on their premises. If said harm was foreseeable and the Chevron failed to take any actions to prevent it, then they are civilly liable for the injuries of the victim. The Chevron owes 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, the Chevron may be liable if the unfortunate circumstances that took place resulted in injures 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.

June 6, 2014

Train Hits Man Causing His Legs to be Amputated

railroad.jpgA train hit a man on June 3rd in Marion County, causing the man to undergo major surgery. It has been reported that a 132-car train ran over the man's legs, which were laying on the tracks. Despite applying the emergency breaks and the horn, the train was not able to stop in time given its heavy load. Authorities have not identified the man and are still investigating the incident. Fortunately, the man survived. However, his legs were amputated during surgery.

If the unfortunate incident was not a suicide attempt, the train company may be civilly liable if the area around the train tracks were not properly closed or fenced off, adequate warning signs about the dangers of walking near the train tracks were not posted, the train was traveling at an excessive speed, and a proper look out was not performed by the engineer.

While any death or major injury is sad, the ones that would not have occurred but for the negligence or the intentional acts of a third party are especially troubling. For those times where the death of a person was a result of someone else's acts or omissions, Florida Wrongful Death Act allows a claim to survive the victim's death. Florida Statute 768.19 provides that "When the death of a person is caused by the wrongful act [or] negligence of a person ... the person that would have been liable in damages if death had not ensued shall be liable for damages ... notwithstanding the death of the person."

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 been seriously injured or died as a result of someone else's intentional acts or omissions, please contact 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 23, 2014

Man Robbed at Gunpoint at K Beverage & Food Store

wpb-robbery.jpgThursday evening, on May 22, 2014, outside of the K Beverage & Food Store on Westgate Ave., an armed man robbed another man. The police department has not released the items that were stolen and are asking for assistance in apprehending the suspect. The suspect is described as approximately 5 feet 9 inches tall with a medium build wearing a blue T-shirt. Anyone with information regarding the suspect is asked to call Crime Stoppers at 800-458-8477.

From a civil standpoint, the robber may not be the only liable party. If the K Beverage & Food Store 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 customers while on their premises. If said harm was foreseeable and the K Beverage & Food Store failed to take any actions to prevent it, then they are civilly liable for the injuries of the victim. The K Beverage & Food Store owes 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, the K Beverage & Food Store may be liable given the unfortunate circumstances that took place in which the manager 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 23, 2014

Fire Causes $300,000 in Damages

EARLY+FIRE+4.jpegThursday morning, May 21, 2014, a Tallahassee, FL house caught fire on the 8100 block of Blue Quill Trail. Fortunately, the owners of the home were out of town on a camping trip and did not return home until contacted by investigators regarding the fire. Investigators found items missing, which leads them to believe burglary and arson caused the fire. The damages are estimated at $300,000. The incident is still under investigation.

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 you have been injured or a loved one has died as a result of someone else's intentional acts or omissions, please contact 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 19, 2014

Tornado Touches Ground Near Miami International Airport

tornado.jpgWarnings were given all throughout Miami due to a tornado briefly touching ground Thursday around 2:30 p.m. near Miami International Airport. 20 minutes later, a second funnel cloud was spotted. Due to poor visibility incoming and outgoing flights were delayed for roughly an hour. Up to 56 flights were delayed. Fortunately, all tornado warnings were canceled around 3:15 p.m.

Unfortunately, tropical storms, tornados, or hurricanes can result in millions of dollars in property damage claims. Thus, insurance companies welcome opportunities to discourage claims, limit payouts, or deny any coverage. Insurance companies may rely on obscure policy exclusions and technicalities relating to premiums or applications. Furthermore, they may only provide coverage if an outrageous deductible is paid. The majority of the flood insurance throughout Florida is provided by the federal government. This is because private insurers do not want to undertake the high risk and cost that result from flood damage, especially in high flood areas. As a result, the federal government agreed to use tax dollars in order to underwrite flood insurance. Private insurers may sell and service the policies - but again, the underwriter is the federal government.

Do not become a victim by assuming you are not in a flood zone. Keep in mind that after Hurricane Katrina, 80 percent of properties damaged in some states did not have flood insurance. Furthermore, non-flood areas can become flood areas over time. Find out your flood risk by checking the National Flood Risk Insurance Program at www.floodsmart.gov. The National Flood Risk Insurance Program site provides flood risk assessments pertaining to a specific address. Also, the Office of Insurance Regulation in Florida estimates that the majority of households do not have flood coverage. Some of these households are located in high flood risk areas and others wrongly assume that their standard homeowners' policy covers flood-related loss. FEMA's website offers tutorials on reading and understanding flood insurance rate maps. For further information their website can be visited at www.fema.gov. If you have questions about your insurance coverage, contact The Izquierdo Law Firm.

If your insurance company acts in bad faith by denying or not issuing just compensation for your claim contact The Izquierdo Law Firm. Our highly trained and motivated staff deals directly with the insurance provider in regards to having damaged personal property replaced; ensuring reimbursement is received for hotel and food expenses resulting from an unsafe house, and more. Our team will fight to make sure you receive the just compensation you deserve.

May 19, 2014

2 Pronounced Dead on the Scene After Crash

car-crash2014.jpgA three-vehicle crash took place near Tampa Bay on May 18, 2014, leaving two people dead. Around 10 p.m. a 2004 Chevy Tahoe crossed the centerline while heading towards the toll area near St. Pete Beach. After crossing the centerline, the Tahoe struck a Ford F250 and a Honda slammed into a truck. The incident caused the driver of the Chevy Tahoe and the Ford F250 to be pronounced dead on the scene. Authorities are still investigating the accident.

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 two people 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.

April 26, 2014

Body Found Floating Face-Down in Canal

NBC-2.com WBBH News for Fort Myers, Cape Coral

The majority of reported incidents regarding canals involve car accidents. However, recently, people have been getting stuck in canals leading to their death. This is what happened to the person workers found floating face-down in the water near a seawall in Cape Coral. The person was announced dead at the scene. The incident is still being investigated.

Due to the danger that canals present warning signs are required to be posted. Depending on the level of danger a canal presents safety nets, escape ladders, and/or several warning signs may be required. According to the Federal Energy Regulatory Commission once a person falls into a canal it is very hard for them to escape without assistance due to the water, algae, mud, and more, which makes the linings very slick.

Since the County governs the canals it may be civilly liable for the person's death. This is because 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 they are civilly liable for the death of the victim.

The canal bank is open to the public and government owned. Therefore, it owes the public a reasonable duty of care, which can be fulfilled by making sure the public is aware of the possible danger the canal presents, providing possible protection if required, and making the area around the canal as safe as possible. As a result, the County may be liable given the unfortunate circumstances that took place in which the person died on its premises.

The Federal Government has documentation stating the danger of canals and the precautionary measures that should be taken to prohibit injuries and death from occurring as a result of those dangers. As a result, the County probably was given notice that someone could slip and fall into the canal, but failed to prohibit such activity. The result of the non-deterrence and the negligent security may have been the death of the person.

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.

April 26, 2014

Male Remains in Critical Condition After Crash

truck4.jpgAfter loosing control of his vehicle, 21-year-old, Augustus Stoker's 1998 pickup truck hit two trees, which caused the roof to be partially torn. The accident took place while Stoker was traveling on Volco Road in Edgewater around 12:20 a.m. Stoker's passenger, Devon Linssens, also 21-years-old, was taken to Halifax Medical Center where he remains in critical condition. Authorities are still investigating the crash that took place today.

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 motorcycle 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.

If you or a loved one has been injured 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.

April 14, 2014

Crash Kills Two on Sawgrass Expressway

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Kayla Mendoza crashed into another car while driving the wrong direction on the Sawgrass Expressway. Before the accident, Mendoza was at a bar and restaurant where she drank tequila shots. 20 year-old Mendoza's receipts from the establishment show that she paid for two margaritas and two shots of Patron Silver tequila. After leaving the bar and restaurant, Mendoza crashed into a Toyota Camry, causing the death of Marisa Catronio and Kaitlyn Ferrante. Hours before the crash, Mendoza tweeted "2 drunk 2 care". She was arrested after the crash on charges of DUI manslaughter, vehicular homicide and driving without a license causing death.

Underage Mendoza received alcohol from an establishment so she 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.

April 14, 2014

Child Killed Due to Car Crashing into Day Care Wall

DayCare.jpgLast Wednesday, a girl was killed and 14 others were injured after a car smashed into a day care located in Orlando. The majority of the injured were children. The accident took place after a Toyota Solara convertible went out of control after being struck by a Dodge Durango causing it to jump a curb and smashing into the day care. Despite smashing through the wall of the day care the driver of the convertible was not hurt. The driver of the Durango fled the scene. Officials believe the driver was 26-year-old Robert Corchado and are still searching for him. Anyone with further information regarding this unfortunate incident is asked to come forward.

From a civil standpoint, the school may have been civilly liable due to students being injured and by not having bollards to protect their students. Bollards are cement guards that prevent vehicles from going into certain areas. The day care may also be liable because a property owner is responsible for any harm that comes to its invitees while on their premises. If said harm was foreseeable and the failed to take any actions to prevent it, then it is civilly liable for any injuries to the students and employees.

The day care takes 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 day care was probably given notice that some sort of protection such as bollards needed to be in place. The result of the non-deterrence and the negligence resulted in the harm of students and the employees.

If you or your loved one has been a victim of negligence do not hesitate to contact the law offices of Alexis Izquierdo, P.A., where we specialize in cases such as this. Negligence by an establishment may rise to civil liability. Our highly trained legal staff will work diligently on your behalf to get you the justice that you deserve.

March 25, 2014

Homeowner Flood Insurance Affordability Act Signed Into Law

flood.jpgHurricane Isaac left its mark throughout the state of Florida causing damage to commercial and residential property. The damage, which includes flooding and physical destruction has resulted in a need for repairing, replacing, and restoring both public owned facilities and residential areas. Given the adverse effects of Hurricane Isaac Governor Rick Scott requested federal assistance be received by several areas within Florida including Bay County, Collier County, Escambia County, Monroe County, Okaloosa County, Palm Beach County, and Santa Rosa County. In order for the state of Florida to receive assistance the threshold of $25 million in uninsured damages needs to be met. Those affected in residential areas are advised to contact their local county emergency management agency.

Unfortunately, tropical storms, tornados, or hurricanes can result in millions of dollars in property damage claims. Thus, insurance companies welcome opportunities to discourage claims, limit payouts, or deny any coverage. Insurance companies may rely on obscure policy exclusions and technicalities relating to premiums or applications. Furthermore, they may only provide coverage if an outrageous deductible is paid. The federal government provides the majority of the flood insurance throughout Florida. This is because private insurers do not want to undertake the high risk and cost that result from flood damage, especially in high flood areas. As a result, the federal government agreed to use tax dollars in order to underwrite flood insurance. Private insurers may sell and service the policies - but again, the underwriter is the federal government.

Do not become a victim by assuming you are not in a flood zone. Keep in mind that after Hurricane Katrina, 80 percent of properties damaged in some states did not have flood insurance. Furthermore, non-flood areas can become flood areas over time. Find out your flood risk by checking the National Flood Risk Insurance Program at www.floodsmart.gov. The National Flood Risk Insurance Program site provides flood risk assessments pertaining to a specific address. Also, the Office of Insurance Regulation in Florida estimates that the majority of households do not have flood coverage. Some of these households are located in high flood risk areas and others wrongly assume that their standard homeowners' policy covers flood-related loss. FEMA's website offers tutorials on reading and understanding flood insurance rate maps. For further information their website can be visited at www.fema.gov. If you have questions about your insurance coverage, contact The Izquierdo Law Firm.

Furthermore, to assist with this issue, the Homeowner Flood Insurance Affordability Act was recently signed into law last week. The Act combats high rates and the elimination of grandfathering of people who have purchased subsidized property. This will allow a gradual increase instead of lump increases in regards to subsidies. Spokespersons for insurance companies have agreed that the new legislation balances affordability and availability, making it easier to obtain flood insurance.

If your insurance company acts in bad faith despite the new Act, by denying or not issuing just compensation for your claim contact The Izquierdo Law Firm. Our highly trained and motivated staff deals directly with the insurance provider in regards to having damaged personal property replaced; ensuring reimbursement is received for hotel and food expenses resulting from an unsafe house, and more. Our team will fight to make sure you receive the just compensation you deserve.