July 15, 2013

Gainesville Man Shot in the Head while in his Southern Pines Apartment

gainesville.jpgAfter multiple residents made 911 calls, officers from the Gainesville Police Department (GPD) arrived at the Southern Pines Apartments where the found the body of a man who was shot and killed in his home. Witnesses stated that 26-year-old Larry Whitehead Jr. had shot Samuel Hamilton in the head after the two argued. Residents are highly upset because this is the third homicide within the apartment complex in the last six months. Whitehead is still at large. The GPD is still investigating the case.

This unfortunate event may not solely be the fault of the shooter. It is evident that the shooter's gunfire killed Hamilton. However, from a civil standpoint, the shooter may not be the only liable party. Hamilton was a resident of the Southern Pines Apartments and 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 residents while on their premises. If said harm was foreseeable and the Southern Pines Apartments failed to take any actions to prevent it, then they are civilly liable for the death of the victim. The Southern Pines Apartments 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 Southern Pines Apartments may be liable given the unfortunate circumstances that took place in which Hamilton was murdered on its premises.

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.

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