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by The Stoddard Firm - September 17th, 2019
On the afternoon of July 19th, in one of the recreational common areas of Foxwood Apartments in Doraville, 17-year-old Gerardo Cabrera-Perez was shot multiple times in the head, abdomen, and leg. He was then taken to a local hospital, where he died of his injuries. A 19-year-old suspect, Carlos Bernal, is now charged with his murder.
As usual, in the midst of the grief over Cabrera-Perez’s loss, and the confusion over Bernal’s motives, few people are talking about what Foxwood Apartments could have done to keep its complex safer.
This is not a case of a shocking anomaly in a normally peaceful neighborhood. The city of Doraville is less than seven miles across, but its residents have already suffered through several gun violence incidents this year alone. On February 8th, one man shot another in a road rage altercation in front of Doraville’s Metro Green Recycling center.
Two weeks later, a woman was found shot dead in front of a Doraville apartment complex, lying between two cars. Her alleged attacker was apprehended a few days later while renewing his sex offender registration. He was on the registry for sexual battery of a minor.
Four months after that, just outside of Doraville in neighboring Tucker, a man was waiting for his order outside a Waffle House when an unidentified assailant pulled up beside him and shot him to death.
This year also saw the conviction of a pair of conspirators who conducted a series of armed robberies in Doraville and surrounding areas back in 2017, largely targeting Asian-owned small businesses. One of the robbers reportedly shot three women during the course of his activities and pistol-whipped several other victims.
While Cabrera-Perez’s friends have been wary of commenting on what happened, one reported to Telemundo Atlanta that the suspect had come to the complex three days before the shooting, carrying a gun and showing it off. He described the encounter as “muy raro” (“very strange”). Authorities also noted that the suspect lived only half a mile away from Foxwood Apartments.
Aside from the general crime level of the area, a neighbor coming onto the property and behaving oddly while brandishing a weapon should have been a noteworthy warning sign of potential violence to come.
Just as landlords must fix broken steps to prevent tripping accidents, maintain the wiring to prevent fires, and patch leaks to prevent water damage and mold, they’re also responsible for protecting tenants from other foreseeable dangers, including crime. If the owners of Foxwood Apartments had invested in gates, cameras, and security personnel, there’s a chance Cabrera-Perez would still be alive. Given all the signs, both in the area and relating to this specific incident, those owners might well be liable for his death.
If you’ve been injured or lost someone because of violent crime in an inadequately secured apartment complex, call The Stoddard Firm to learn more about how we can help.
A dedicated, ethical advocate who takes on major corporations and global insurers with virtually unlimited resources. Known for high-profile cases featured on Courtroom Viewing Network, this attorney is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, they work tirelessly to secure justice and deliver results.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
Personal injury compensation enables an injured individual to regain the same quality of life they had before the incident. This may entail funds for modifying a home for wheelchair accessibility or offering vocational training for those unable to return to their previous job. It is crucial for compensation to cover lost earnings and cover both past and anticipated medical costs.
We conduct interviews with colleagues, consult with attending healthcare professionals, and engage specialists to ensure we secure comprehensive compensation that aids our clients in re-establishing their life trajectories.
When deciding to hire an Atlanta personal injury lawyer, you need to consider:
1. Who’s at Fault
If you’re in an accident and it’s unclear who’s responsible, seeking advice from an attorney is wise. Insurance companies may attempt to attribute damages to you in such scenarios. An attorney can shield you from counterclaims and cross-claims, safeguarding your rights.
2. The Severity of Injuries Sustained
When facing a lifetime of pain, suffering, and mounting bills, taking chances is not an option. A personal injury attorney is entrusted with averting lifelong financial strain.
3. If You’re Facing Insurance Company Denial or Delay
The intricate laws and procedures surrounding personal injury claims are areas where insurance companies capitalize on individuals’ lack of expertise. A lawyer can provide invaluable assistance in this regard.
It’s possible but not necessarily probable and will likely depend on whether you want your case to go to trial. The majority of cases end in a settlement. Going to trial typically occurs when there are intricate, contentious matters regarding the accident’s cause or the severity of your injuries. Occasionally, defendants may simply be unyielding and unwilling to settle or you may just want more than the insurer believes is reasonable.
It shouldn’t be a shock if your attorney diligently pursues a settlement while also readying your witnesses for trial. A proficient lawyer must be equipped for any scenario. Demonstrating to the opposing party that we’re gearing up for a trial indicates that we’re resolute and not inclined to back down.
Determining all potential parties who could be held liable for a personal injury involves a thorough investigation of various factors. If someone else neglected to exercise reasonable care, they can be held accountable for the resulting injuries, as outlined in Title 51 of Georgia Code of Laws or as outlined in Georgia’s common law.
The individual directly involved in the accident may not be the sole party at fault. For instance, in the case of a drunk driving accident, while the driver may bear responsibility, the person who knowingly provided additional alcohol to an obviously intoxicated individual could also be deemed liable. In other circumstances, an at fault party’s employer is responsible for its employees actions.
Following a personal injury accident, there are critical steps you should take. First and foremost, seek prompt medical attention. Visit the emergency room or call for an ambulance at the accident site. Any delay in receiving medical care could impact your health and the outcome of your personal injury case.
Refrain from discussing your case with the insurance company representing the at-fault party. They may deny your settlement or offer a significantly lower amount than you deserve.
Additionally, it’s crucial for both you and your personal injury attorney to gather as much evidence and documentation as possible. This is vital in establishing that your injuries resulted from someone else’s negligence. Make an effort to collect records and documents related to your case, including medical records, police reports, photographs, witness contact information, and similar items. Once you’ve received medical attention, contact The Stoddard Firm.
Do not say anything! If an insurance company contacts you, refrain from providing any information until you have consulted with your attorney. Insurance companies typically contact accident victims in an attempt to elicit a statement about the incident, which they may use to devalue the settlement.
While you may eventually need to converse with them, seeking guidance from a seasoned legal team is crucial. They will provide clear instructions on what you should and should not disclose to protect the value of your case.
If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
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