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TAMPA – A personal injury lawsuit against the drive-in restaurant Checkers alleges that the establishment serves its food too hot after a Hillsborough County woman sustained a 1st-degree burn in her mouth.According to documents filed on March 26 in the Hillsborough County Circuit Court, plaintiff Liza Maria Jimenez visited the Checkers at 15515 N. Dale Mabry Hwy in Tampa on February 25, 2020.

Jimenez purchased multiple food items including an apple pie. When she bit into the pie, the plaintiff allegedly suffered immediate second-degree burns on her chest, a first-degree burn in her mouth and scalding on her fingers, requiring a visit to the emergency room.

Checkers is sued for negligence, strict liability and breach of warranty. Jimenez, seeking payback for her injuries, is represented by Black Rock Trial Lawyers PLLC of Tampa.

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Here are the #5 factors that must be considered when valuing a personal injury case:

1. Medical Bills Incurred in the Past
2. Future Medical Treatment
3. Past, Present & Future Pain & Suffering
4. Loss of Past Wages
5. Loss of Future Earning Capacity

The tangible factors include things of certainty such as knowing the cost incurred for medical treatment. It is tangible because the medical provider provides a medical bill and it shows a balance, or if you did not receive a wage as result of missing work because of the injuries sustained.

Intangible factors are calculating past, present and future pain and suffering. You may ask how is this calculated? This is where an experienced trial attorney comes into play. In the closing argument at trial, the attorney presents a persuasive way that a jury should calculate pain and suffering based on trial testimony and evidence. As it turns out, the law does not give you a method of calculating pain & suffering, so it is up to the attorney to do that. It is critical to hire an attorney who already has jury trial experience.

At Black Rock Law, we have experience in personal injury jury trials. We leverage our experience to determine the value of your case and will fight to maximize compensation.

We have extensive experience in all aspects of personal injury from auto accidents, pedestrian accidents and premises liability. Common personal injuries include:

• Neck and Back Injuries
• Headaches and Traumatic Brain Injury
• Ligament Tears
• Bone Fractures

Under the legal system, an injured victim has the right to compensation. We help people obtain the highest possible compensation for those impacted by acts of negligence.

Our culture is defined by our CEO’s vision of pursuing your justice so if you have suffered an injury, please call us 24/7 for a FREE case evaluation at: 1-800-346-7752.

NO COST TO YOU UNLESS WE WIN!

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Negligence is the failure of a person or company to use reasonable care towards someone (or something), resulting in injury or damage. In the legal world, you are entitled to compensation if you suffer injuries or damages because of someone’s negligence. However, the law is very specific as to proving negligence. We will now explain the four (4) elements/requirements of negligence through easy-to-understand examples in addition to two (2) additional steps to help secure compensation in your negligence claim:

#1: Duty:

A person who drives a car has a duty to operate their vehicle within a reasonable standard of care. This also means avoiding acts or omissions that could cause others harm. More specifically, a driver has a duty to follow the speed limit, not drink/text & drive or fail to stop at a red light.  In a lawsuit for negligence, you must first identity the duty of the at-fault party.

#2: Breach of Duty

If a driver fails to stop at a red light, they breached their duty – simple! To put it another way, what would a reasonable person driving a car do if they are approaching a red light? Well, you stop! The way to actually prove the driver failed to stop at a red light is by gathering evidence in various ways such as the at-fault parties’ own admission, the injured victim’s testimony, video footage, eyewitnesses or the way the impact occurred.

#3: Causation

    The direct cause of the accident was a result of the driver failing to stop at a red light and T-boning another car who legally passed through a green light. In essence, one bad act (blowing the red light) caused another bad act (hitting another car).

#4: Damages

The injured driver suffered injuries to their body (headaches, neck and/or back pain) and damages to their car resulting from the T-bone collision. Now, the injured party has to receive medical treatment (and accumulate medical bills) and pay for the fixing or replacement of the car. These are real damages, and the law allows the injured party to be made whole for damages suffered from the accident.

#5: Statute of Limitations

In Florida you have four (4) years from the time of the accident to file a lawsuit for negligence. Failure to do so will result in your inability to be compensated. So, even if you can prove negligence, if you do not do anything about it, then nothing will happen. Which leads us to the next part.

#6: Hire Black Rock Trial Lawyers

Do not go about the process alone. Although it is easy to explain negligence in a blog, it is difficult to do it on your own. Your insurance company and the at fault driver’s insurance company are not your friends. They are going to look out for their own interest and not yours. We are personal injury trial lawyers and will take cases before a jury of your peers. Insurance companies take us seriously and it helps us fight to obtain the maximum possible compensation for our clients.

Contact us for a free and confidential consultation to discuss your personal injury auto accident claim. It does not cost you anything to hire us. We are compensated only if we get compensation for you.

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HUDSON — The family of a 9-year-old boy hit and killed in Land O’Lakes last week won’t wait on the Florida Highway Patrol to finish its investigation.

New information has led them to believe that John Ryals, 21, was grossly negligent when he struck Jorge Cruz, his mom and his brother while they were walking along a residential street Wednesday, the family’s attorney said in a news conference Monday.

Ryals was cited with careless driving and released, though FHP Sgt. Steve Gaskins said a traffic homicide investigation is ongoing.

But attorney Gil Sanchez Valencia told reporters he’s launching his own investigation. After recent discussions with FHP investigators, he said he can’t rely on them.

“We’re not going to leave anything to chance,” he said.

Valencia wouldn’t share details about the information that has prompted his inquiry. But he said he wants to look into the company Ryals works for — he was driving a Precision Appliance van — as well as the design of the street.

David Cruz, 7, who was hurt in the crash, appeared at the news conference with his father, Jorge. They addressed the media at Regional Medical Center Bayonet Point, where mom Anita Pallares is recovering.

Pallares was walking with her sons and their small dog on Bahia Loop about 7:45 a.m. when Ryals hit them. There are no sidewalks in the area, but an FHP report said they were walking on the correct side of the street, facing traffic.

The crash killed the dog and sent Pallares and her sons to the hospital, where Jorge died, the FHP said. Pallares underwent surgeries on her leg and arm.

When troopers arrived, Ryals told them he didn’t see the family because they were under a tree’s shadow, and he was focusing on an oncoming car.

Pallares’ sister, Martha, spoke in Spanish at the news conference. Valencia translated for her, and said she thinks if Ryals had been Hispanic, troopers would have responded differently.

In an email, FHP Sgt. Steve Gaskins didn’t respond about possible racial motivations, but he said Ryals wasn’t arrested because nothing troopers learned at the scene warranted it. There were no signs of drunken driving, he said, and Ryals declined to give a blood sample.

“Without probable cause, FHP troopers cannot seize evidence arbitrarily to include blood samples, cellphone records and other evidence that someone may assume could be linked to a case,” he said.

The family can’t afford a funeral for Jorge, so their pastor, Fersan Canelas, spoke out to ask for the community’s help.

By Monday, Canelas and others had raised more than $6,000. But if the family wants to send Jorge Cruz’s body back to their native Mexico, he said they’ll need more.

Other friends and relatives joined the family, too. Tiffany Sentner, Jorge Cruz’s teacher at Pineview Elementary, said Jorge was a playful, well-behaved boy.

“There wasn’t a student in my class who wasn’t friends with him,” she said, “or a student in the school he wasn’t friends with.”

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HOLIDAY — Two months ago, Jaime Velez burst into a chiropractor’s office carrying a .45-caliber pistol.

The chiropractor, Lenny Linardos, gunned him down on the office floor in what deputies would later call self-defense.

On Friday, after weeks in a hospital and surgery and rehabilitation and turning himself in on an aggravated assault charge, Velez was booked into jail and photographed wearing a back brace.

He posted $15,000 bail and went back to his mother’s house in Tampa. Hours later, authorities say, the 34-year-old Velez died from his injuries.

Linardos, 46, would later tell deputies the shooting “was all over a girl.” Velez told investigators that he had received text messages from Linardos on Feb. 17, saying that Velez’s girlfriend was there engaging in sex acts with the chiropractor.

The men were friends on Facebook around the time of the shooting. Hours before their confrontation, Linardos left a comment on a photo of Velez kissing a pregnant woman’s belly.

In the caption, Velez wrote about being a “right man … no more games, lies & deceit. Family first.” In the comments section below the photo Linardos responded: “Haha you just lied”

Investigators said Velez went to West Coast Spine and Injury Center, on U.S. 19 in Holiday, and walked in the back door with a Springfield .45 in his waistband.

Velez, according to records, was fresh out of the New York State Prison system, most recently being placed on parole in 2009 after a five-year sentence for attempted robbery.

He confronted Lindardos, according to an arrest report, raised the gun and declared, “These are your last moments!”

Linardos, the report says, grabbed a Glock 9mm and fired in self-defense. Bullets hit Velez in the leg and groin. A third stuck in his lower spine, paralyzing him from the waist down, said his attorney, Gil Sanchez.

Velez was taken to Regional Medical Center Bayonet Point where he remained until about two weeks ago, according to the Pasco Sheriff’s Office. He stayed at his mother’s home after his release, using a wheelchair and a back brace. When a warrant was issued for his arrest, Sanchez advised Velez to turn himself in.

Velez was booked into the Land O’Lakes jail on Friday morning. He was held for five hours before being released on bail that his mother paid. She noticed he was pale when he got out, Sanchez said. Velez vomited on the way home from the jail.

Sanchez declined to go into detail but said Velez’s health deteriorated that night. He died at home in his mother’s arms and was pronounced dead early Saturday at a nearby hospital. He left behind a fiancee and a 6-week-old child, Sanchez said.

Sanchez says he plans to pursue a wrongful death case against Linardos. He is also investigating whether any civil rights violations happened while Velez was in jail. He said deputies questioned Velez, even though he asked for a lawyer.

“This was not an innocent party that just had some person show up,” Sanchez said of Linardos. “There’s a lot more to this story than just a simple self-defense case.”

A medical examiner’s report lists the cause of death as “injuries from homicidal violence.”

Pasco Detective Lisa Schoneman said it is not unusual for people to die months or years later from gunshot injuries. The death will not change detectives’ decision to clear Linardos in the case, she said. The State Attorney’s Office is looking into the case.

A call to Linardos’ office was not returned on Monday.

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