Izquierdo Law Firm January 2019

IzLegal Illustrated


Entitlement to Your Insurance Claims

Many people aren’t aware of their rights and the value of working with someone like me. The ideal situation for any person is to contact a lawyer shortly

the contingency is that the insurance companies are required to pay our attorney fees and costs, according to the Florida Statutes. When people accurately present their claim, it prevents them from running into a situation where they are improperly denied. We make sure that home and business owners present their claim properly to receive the most bang for their buck. We strive to give them the means to move on with their life and get back to the point where they were before their loss. If you don’t level the playing field by involving an attorney, you’ll be victimized because the insurance company has inside people they hire specifically to delay, deny, or descend your claims. Once you involve a lawyer and stop this unilateral claim of descent, they have to hire their own attorney and start incurring costs and fees to pay them. Also, if they’re wrong in the amount determination, they’re going to have to pay the homeowner something and cover whatever they may have spent money on and the opposing attorneys’ fees and costs. It reaches a point where the insurance company is forced to concede because they don’t want to spend hundreds of thousands of dollars on a case worth $20,000.

This month, I want to feature a good friend and colleague of mine, David Farber. David is the founder of The Farber Law Firm and specializes in personal injury and insurance coverage. Over the past couple years, Florida has experienced two major hurricanes, Irma and Michael. Most of the community has suffered extensive losses due to both storms and are struggling to put their lives back together. People rely on the money from their insurance to help pay for these damages, but often they have to fight for what they have paid dutifully for. When you experience property damage or loss due to a storm, it’s crucial to report these damages within the time frame that’s given to you. Keep records of all your losses with pictures, document everything, and know what you’ve spent money on to replace or restore your property. If these aren’t appropriately recorded, it can impact the claim you’re supposed to receive. Often, people are nervous to file because they’re concerned their premiums will go up, but this doesn’t happen in cases like these. It’s also vital to know that attorneys like myself work on a contingent basis. If we don’t recover anything on your behalf, you don’t owe us anything. People don’t realize that in most cases,

after they experience a loss. The people who wait with unrepaired damages or who don’t have the muscle to push through a claim might not realize it’s not too late to get an attorney involved. Contacting an attorney is a sure way to get what you’re entitled to. I can say with confidence that when a person is represented by someone, 99 percent of the time, they have a liable claim for more money. I don’t want you, the readers, to take from this that all insurance companies deny the public what they are entitled to, because not all of them do. They all have the potential to do so much good in the world, but many of them choose not to. A lot of the time they make good people suffer, and that’s not right. This is why it’s so important to involve an attorney as soon as you can to prevent grim situations from arising. If you have any questions, or if your claim has been underpaid or denied, you can reach me at (305) 774- 0134 or by using my toll-free number 1-833-INSloss. We can evaluate your claim and provide you with answers and options.

“I don’t want you, the readers, to take from this that all insurance companies deny the public what they are entitled to, because not all of them do. They all have the potential to do so much good in the world, but many of them choose not to.”

Thank you for letting me share my knowledge with you.

–David Farber

Call Now! (305) 707-7345 1

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LISTEN TO SOMETHING NEW The Best Podcasts to Start in 2019

TACKLE YOUR NEW YEAR’S RESOLUTIONS: ‘THE MARIE FORLEO PODCAST’ We all need some advice. Why not get it from someone who knows what they’re talking about? Marie Forleo is an entrepreneur, writer, and philanthropist. And according to Oprah, she’s a thought leader for the next generation. Her mission is to help you become the person you most want to be. On the podcast, Marie and her guests discuss business, relationships, fear, love, and so much more. Get inspired at MarieForleo.com/marietv. This list is just a start to the wealth of amazing, diverse podcasts out there. News recaps, sports history, true crime, pop-culture throwbacks, and

Though podcasts have been around for over a decade, they have only recently found their stride in popular culture. And they don’t all feature nerds talking about “Game of Thrones.” In this form of audio entertainment, there really is something for everyone. A number of podcasts have broken into mainstream pop culture, like “My Favorite Murder,” “This American Life,” and NPR’s “Planet Money.” But these are only the tip of the iceberg. Here are a few lesser-known podcasts that are seriously worth your time.

possible for you to foster a sense of privacy in the digital age, but it’s important to respect what your child deems private information. After all, it’s their future. Consider these rules before you share. 1. Ask your child’s permission. If they can speak, then they can speak for themselves. Children love to see photos of themselves, but they may also be aware of what they are and aren’t comfortable with, even at a young age. 2. Limit the nudity. Everyone loves a beach day, but think twice before posting swimsuit or skinny- dipping pictures. Opt to post safer photos, like the family posing prior to fun in the sun. 3. Check your settings. Your privacy settings may be exposing your family to more people than you know, and if you feel the need to share every minute of your child’s day online, making these settings airtight will protect your children and their reputations. GO ON AN ADVENTURE: ‘THE FAR MERIDIAN’ Audio dramas are back and thriving in the world of podcasts. “The Far Meridian” explores the story of Peri, a lighthouse keeper whose brother disappeared long ago. Peri is terrified of leaving her home, so she’s never discovered what happened to him. That changes when her lighthouse begins to appear in a new location every morning, initiating her search for her brother. Fantastically fun and painfully real, this is a story about the courage it takes to leave home behind. Join the girl in the lighthouse at TheFarMeridian.com.

Social media has been making the world smaller than ever. The distance among cross-country relatives and friends shrinks with each post or Skype call. And instant updates from loved ones are particularly valuable during the holidays. That Christmas morning video call means Grandma and Grandpa get to see their grandkids in their new holiday outfits, but so can online predators. According to digital and safety experts, half of the photos filtered onto the darknet are stolen from parents’ social media accounts. If these predators are privy to your photos, they’re also able to snag your location and other sensitive information, putting you and your children at physical risk as well. On a less disturbing note, social media content is permanent. Even after you delete a post or a photo, it leaves a digital footprint that could follow your child throughout their education and could even affect job interviews or future relationships. It’s still START SOMETHING FUN: ‘SPIRITS’ The title “Spirits” is a play on the stories told and drinks enjoyed on this podcast. Co-hosts Amanda McLoughlin and Julia Schifini offer a fresh take on myths, legends, and folklore. From Greek classics to the tale of the Javanese Mermaid Queen, these lifelong friends and mythology enthusiasts examine what the stories we tell say about our culture, traditions, and values. If you’re eager to fill your year with something kinda creepy and kinda cool, you can’t go wrong with “Spirits.” Start listening at SpiritsPodcast.com.

plenty more fantastic audio entertainment awaits on your phone’s podcast app. Start listening to your new obsession today! SOCIALLY SECURE SOCIAL MEDIA REMINDERS FOR PARENTS

Consider some of these safe alternatives to regular public posting:

1. Tinybeans.com is a secure photo-sharing website for parents of babies and young children. The digital photo album app allows you to share photos with only the people you choose. 2. Create a separate, secure group on Facebook. Family, friends, or coworkers in closed groups can still fawn over their little ones in a personal, safe setting. Despite the dangers your digital life can elicit, you don’t have to avoid the digital world completely. Social media is still a great tool for families to stay connected, as long as you take precautions. Go ahead and brag about your kids online — just be safe and considerate of your child’s wishes.

Call Now! (305) 707-7345 2

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9 STEPS OF THE TRIAL PROCESS Come Prepared for Yours

No one wants to end up in court, but sometimes the unexpected occurs. Being in trial isn’t like the popular court TV shows, which leave much of the trial process out. It’s important to know the real steps of a trial so nothing will take you by surprise.

1 JURY SELECTION The judge, prosecutor, and your lawyer will interview prospective jurors to determine whether they can be fair and impartial. It is the first and most crucial point in the trial process, as it can determine the overall outcome of your case. 2 OPENING STATEMENTS An opening statement is a brief summary that clarifies what you and the evidence will show and prove in the trial. Both sides will go into the details and facts regarding the case. 3 PROSECUTION’S CASE IN CHIEF In criminal cases, the burden lies with the state, and it is the prosecutor’s job is to convince the jury that you are, without a doubt, guilty. Here, your lawyer can cross- examine any witnesses that the state produces.

4 MOTION FOR JUDGMENT OF ACQUITTAL After the prosecutor says their piece, your lawyer will ask the court to throw the case out due to insufficient evidence to convict you. 5 DEFENSE CASE IN CHIEF In this step, you defend your argument and use witnesses of your own to refute the prosecution’s claims. 6 RENEWED MOTION FOR JUDGMENT OF ACQUITTAL Here, your lawyer will once again ask the judge to throw the case out because the evidence proves your innocence. 7 CLOSING ARGUMENTS This stage in the trial is what people are accustomed to see on television.

The prosecution and defense will explain what the evidence means to the jury and why the jury should side with them. 8 JURY DELIBERATION After the judge has instructed the jurors on the lay they will apply to the case, they will enter the jury room and discuss the case. Juror deliberation can last from a few minutes to several days as they decide if you’re guilty or not. 9 JURY VERDICT Once they’ve come to a decision, forms will be given to the jury where they will check if you are guilty or not guilty. This form is handed over to the judge, and then you learn your fate.

Laugh Out Loud

Peanut Butter and Berry French Toast French toast is a staple for a weekend breakfast at home, but this version takes things to another level. Consider it a hybrid of French toast and PB&J. It’s just as delicious as it sounds. Ingredients

2 cups cornflakes

8 slices brioche, 1/2-inch thick

2 tablespoons unsalted butter

1/4 cup creamy peanut butter

2 cups mixed berries

2 large eggs

Powdered sugar, to sprinkle

1/8 cup heavy cream

Maple syrup, for serving

2 teaspoons pure vanilla extract


4. In a large skillet over medium heat, melt 1 tablespoon butter. Once melted and up to temperature, add sandwiches, cooking on one side until golden and crisp, about 2–3 minutes. 5. Return sandwiches to baking sheet, add remaining butter, and repeat on other side. 6. Top sandwiches with berries, sprinkle with powdered sugar, and serve with maple syrup.

1. On a large baking sheet lined with wax paper, place 4 slices of brioche and spread 1 tablespoon of peanut butter on each. Cover with remaining slices, creating sandwiches. 2. In a pie plate, beat eggs with cream and vanilla. In another, coarsely crush the cornflakes. 3. Lightly soak sandwiches in the egg mixture, then dredge in cornflakes, pressing to adhere. Return to baking sheet.

Call Now! (305) 707-7345 1 3 Inspired by Delish

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2655 Le Jeune Road Suite 805 Coral Gables, FL 33134

INSIDE this issue


Featured Guest: David Farber


My Favorite Podcast

9 Steps of the Trial Process Peanut Butter and Berry French Toast Staying Safe on Social Media



Watch Out for Rogue Champagne Corks This Year

Spontaneously Ejecting Cork Causes Lawsuit PUTTING THE ‘PAIN’ IN CHAMPAGNE

him. Once he started to roll the cart toward the guests, the cork shot out of the bottle all on its own.

For many people, preparing for the New Year’s countdown is the most exhilarating part of the holiday season. You tune your TV to the Times Square ball drop, hand out party hats, confetti, and noisemakers, and meticulously line up some champagne flutes. What’s left to do? Pop open the champagne! There are many partiers who pop the cork with enthusiastic and careless abandon, while others point the bottle away from their faces and anxiously twist the cork until they hear those bubbles surge to the surface. Turns out, while the latter practice may be slightly less fun, it’s certainly the safer approach. On April 8, 1978, Charles J. Murray was injured when a natural cork stopper spontaneously ejected from a bottle of previously unopened Almaden Blanc de Blancs champagne and struck him in the left eye. He was preparing to serve the bubbly to a party of 40 people, so he placed 12 bottles on a rolling cart and removed the foil and wire retainer from three or four bottles — including the one that eventually injured

Due to the severity of his injury, Murray sued Almaden Vineyards, Inc., National Distillers and Chemical Corporation, and Carbo, Inc., alleging that they were responsible because they failed to include a proper warning label on the bottle. The defendants, however, argued that the cork stopper did not and could not spontaneously eject unless Murray had handled the bottle improperly. The case was argued by both sides for two years, but eventually, Murray won. Almaden Vineyards now prints the following on its bottles: “WARNING: THIS BOTTLE IS UNDER PRESSURE. THE STOPPER WILL EJECT SOON AFTER THE WIRE HOOD REMOVAL. TO PROTECT AGAINST INJURY TO FACE AND EYES, POINT AWAY FROM SELF AND OTHERS WHEN OPENING.” When it comes to bubbly-induced mayhem, the greatest potential trouble lies in the eye of the beholder — literally. With an estimated velocity of 60

miles per hour, uncontrolled corks do in fact fly faster than the blink of an eye. To avoid having to explain a not-so-fashionable eye patch at work on Monday, handle those fizzy drinks with care.

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