Category Archives: Personal Injury

Neglect in Elderly Care Centers

Elderly Care photoWritten By: Louie Talacay

We owe our elderly loved ones everything in life. If it were not for them, who we are and where we are going would be impossible. These are the people that nurtured us, gave us food & shelter and above all, life itself. The mountain of gratitude and reverie can never be achieved to thank someone for the miracle that is life.

There comes a point in life when these elderly loved ones may need assistance to go about their daily lives. Unable to provide the care that is required, because of work and other pending responsibilities, we outsource this care to a facility that can provide for all their needs. Best part of all, they can be social with other patrons, keeping their mental game keen and sharp.

Amongst a mountain of accusations regarding neglect, these facilities no longer have that appeal of caretaking that they should have. Instead, we fear for our loved ones safety, unsure that they are getting the treatment and respect that they deserve. It is that moment of insecurity that makes us question, are our loved ones safe?

Because of these accusations, HIPPA is reconsidering wiretapping laws that allow cameras and audio recording devices to be placed in the nursing homes. These devices will be used to audit the behavior of caretakers and ensure that negligence will be handled properly.

Is this a violation of privacy law? The federal government has a clear view about the use of hidden cameras or recording devices in general. If they are there, they must be disclosed to the public. Of course, this pushes the envelope on an ethical debate that has been waged ever since technology revolutionized life as we know it.

Even though the use of cameras may seem extreme, they serve a purpose that creates a true end to problems. They will expose the workers who obviously need to be replaced and highlight the ones that provide true and general wellbeing for their patrons. Perhaps they will highlight the need for reform that is common with negligence such as the current trend towards VA reform.

The elderly should not have to be afraid of their caretakers. They deserve respect and compassion. We all go from cradle to grave and it is our own social security that should see to it that everyone is getting the treatment they deserve. If your elderly loved one has been hurt as a result of negligence, you may be entitled to compensation. The Blick Law Firm specializes in personal injury cases. We understand that although elderly care facilities may have the best intentions at heart, they must do more to ensure that they are screening their employees well. They must be held accountable for the workers they hire and must set a standard that is respectable and fair for the compensation that is provided. If your loved one was hurt as a result of negligence, don’t sit on your case; Call us today at 813.931.0840 or visit our website to schedule a consultation at….call

www.BlickLawFirm.com

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Red Light Cameras| Legal News

simple_img_6Written By: Marissa Marshall

Traffic citations are not fun for anyone. No one likes to go to their mailbox maybe weeks later to find they have a ticket for running the red light. Red light camera tickets are a little different than being pulled by an officer because the officer can use discretion while a camera cannot. It’s common to hear people issued red light camera tickets complain about the fairness, because of these complaints many states have had to look into the legality of these cameras.

American Traffic Solutions is the company that provides the red light cameras. The company helps municipalities to issue about 4 million citations annually. ATS has about 2,500 red light cameras through 275 communities in more than 20 states. The income generated from these cameras has made substantial revenue contributions for my municipalities.

According to Florida law the police have certain powers that cannot be delegated to private vendors; this is where things get a little sticky. Arizona based ATS has been able to use discretion and dismiss certain cases, but here in Florida that is not legal.

In South Florida 24,000 red-light tickets worth an estimated $6 million were dismissed earlier this week because of concerns that ATS is too involved in the outcome of cases. The number of red light cameras across the country has seen a steady decrease from their peak in 2012 according to the Insurance Institute for Highway Safety.

On October 15, 2014 the case of City of Hollywood v. Eric Arem ruled that the City did not have the authorization to delegate its police power to any red light camera vendor. The police had allowed a vendor to screen data and determine if a traffic violation had occurred before issuing a citation. This violates Florida statues, and the citation issued was made void. In October 2014 Palm Beach County stopped the use of red light cameras to issue citations.

In a June 12, 2014, decision, the Florida Supreme Court issued an opinion to address the contradictory decisions of Masone v. City of Aventura and City of Orlando v. Michael Udowychenko. The third district court of appeal upheld the red light camera citation issued in Aventura, while the fifth district court issued the citation in Orlando unlawful and void. The supreme court of Florida agreed with the fifth district, holding the issuing of these citations void.

What do you think about Red Light Cameras? Are they ethical? Should they be legal? Go to http://www.blicklawfirm.com and give us your thoughts and opinion regarding Red Light Cameras. call

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Car Accident Liability

simple_img_6Written by: Marissa Marshall

Have you been involved in an auto accident that caused serious harm to you and your family? During this difficult time there is some important information that you need to know about your rights, what you are entitled to, and the appropriate steps to take moving forward. For most personal injury claims in the state of Florida the case is about proving the other person’s negligence resulted in your injury. For auto accidents the rules are a little different we live in a no fault auto insurance state, which means, the usual personal injury process does not apply to auto accidents.

If you are in an auto accident the first thing you need to do is seek medical attention! Many people involved in auto accidents may feel fine immediately after, but then suffer from pain days later; it is imperative to seek medical attention immediately to strengthen any personal injury claim you may have to pursue.

The state of Florida has no-fault auto insurance. This means that instead of pursuing another person or their insurance to pay for any damages, your own insurance covers the cost. Florida drivers are required to have a minimum $10,000 in personal injury protection benefits and $10,000 in property damage liability benefits.

According to the Florida office of insurance regulation the goal of this is to provide drivers up to $10,000 in immediate medical coverage as opposed to waiting though the process of establishing fault in court. When you are injured and in need of medical attention the lapse in time of the accident and the process of your case going through the court system could prove to be detrimental to your health.

You cannot file a lawsuit for an auto accident in Florida unless it qualifies under the serious injury threshold. According to the 2014 Florida statutes, this means significant or permanent loss of bodily function, injury that will continue to need medical attention, significant and permanent scarring, death, and costs in excess of the policy limit.

The statute of limitations in Florida for personal injury cases resulting from traffic incidents is 4 years, this 4 year limitation is calculated from the day of the accident.
The best option is to contact a personal injury attorney and speak personally with them if you believe you have suffered serious injury and are eligible to file a personal injury lawsuit. If it can be proved that the other person is at fault for injuring you, you may be able to receive compensation for lost wages from work, property damage, emotional distress that includes anxiety and depression, and the cost of hiring someone to do house hold chores that you were not capable of doing as a result of the auto accident.

If you feel you have a personal injury claim and would like to speak to an attorney please visit our website. The Blick Law Firm is a well-established firm that services the Greater Tampa Bay area. We provide counsel and coaching our clients for their case. We provide unique individualized services for each client because we understand that each case is different. Please call us for a free 15mins consultation at 888-973-2776!call

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PI Blog Wrong Way Accidents

DSCN0271Written by Marissa Marshall

Imagine you and your family or friends are driving one evening, when all of a sudden, you notice a pair of headlights rapidly approaching your vehicle. Sadly, this has been a reality for at least 16 accidents in the Tampa Bay area during 2014; 5 of these crashes were fatal. The cause of these types of accidents was not road signs or even construction, it was impaired driving. Drivers under the influence of alcohol have been getting on the highway and fatally injuring innocent people. In all of the recent fatal wrong way crashes the driver of the vehicle was impaired.

So you have been hit by a drunk driver, now what? If you have been hit by a drunk driver you have a personal injury claim on your hands. Personal injury refers to someone being negligent or showing carelessness that results in the injury of another person. A person who decides to drive drunk and injure innocent people is certainly negligent and careless. Florida allows victims to sue for damages when negligence is involved. The first step in this process would be seeking immediate medical attention, and then, contacting an attorney to help you through the personal injury claims process.

On the opposite end of the spectrum you may find yourself in a car accident where you are charged with a DUI. Lawyers experienced in DUI cases know the different types of technology used to establish a person’s BAC and can help to refute evidence gained from them. Sometimes things are not properly calculated and sometimes these devices are not properly cared for. An attorney can determine if the evidence pertaining to your case was handled correctly.

The Blick Law Firm is a well-established firm that services the Greater Tampa Bay area. We provide counsel for our clients, as well as individualized services for each unique case. If you have a case and would like to speak to a lawyer, please to Call schedule a free consultation at 1-888-973-2776! call

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Assistance for Legal Aid

LEGAL AID SERVICES, .ATTORNEY FEES, LEGAL AID OFFICE, LEGAL FEES, AFFORDABLE LEGAL AIDWritten By: Louie Talacay

It is a common notion that lawyers are unaffordable; Despite the fact that many lawyers offer special financing for certain customers or commission based payment for winning their cases, many people still believe that hiring a lawyer is just too expensive. As a result, many people have decided to fight their cases, on their own, leaving them to navigate the minutiae of legal terms, motions and laws by themselves. In fact, according to an article featured on the Tampa Bay Times, 90% of low income Floridians have decided to fight their own cases; These cases involve divorce, familial law, foreclosure and other civil cases.

The idea of fighting your own case in court is daunting. A person who has no idea of how the justice system works will find complications and hardships at every corner of their case, even if it is full proof. Remember, a lawyer isn’t just your representation in court, but they also serve as your coach guiding you through the myriad of forms, motions, counters and claims.

To aid in the provision of legal services to people who cannot afford it, the chief supreme justice of Florida, Jorge Labarga has commissioned 27 members to look for a solution for affordable legal aid. Of particular interest is the demographic of people’s whose income is too high to receive pro bono and special financing but not enough to pay, upfront, the large legal fees that attorney’s charge for their services.LEGAL AID SERVICES, .ATTORNEY FEES, LEGAL AID OFFICE, LEGAL FEES, AFFORDABLE LEGAL AID.1

Don’t go rush out to your local attorney just yet! Jorge has set a time table of 2 years to create a program solution to aid people, within a certain income demographic, with getting the legal assistance they need to fight their case.

If you are desperate for legal assistance now, however, The Blick Law Firm is here to help the Greater Tampa Bay community. Our motto is “helping the hurting”. We understand that every case is different and that a hardship can cause incredible strain on people who are already struggling to meet ends. As a result, we treat each client differently and create a personalized, tailored service that will fit their needs. We offer special financing to certain clients that need the extra assistance as well as offering pro bono services for clients who we feel are truly in need of help. Schedule a consultation with one of our attorney’s to see what kinds of services we can provide you! To schedule a consultation CALL US AT 888-973-2776!call

If you want to learn more about the program that is being commissioned by the Jorge Labarga please reference the following article featured on the Tampa Bay times at…

http://www.tampabay.com/news/politics/stateroundup/new-group-charged-with-finding-legal-help-for-low-income-floridians/2213991

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Auto Accident| Personal Injury Blog

Written By: Louie Talacay

Its 2 am and you get a call from a friend needing a ride. You struggle to get out of bed and drive zombie-like to the Czar in Ybor. Your friend had a merry night and is overly affectionate despite the fact that you are obviously irritated and annoyed by the late-night, last-minute favor. You drive him home sluggishly as he rants about his night and you maintain a dead silence.

All of sudden you are blinded by headlights. A sudden alertness overcomes you and you sense something is very wrong.

You think to yourself, “I’m on the interstate, is that a car in my lane headed towards…?”
Before the thought even finishes, the collision occurs and you become a statistic, another road casualty, the result of another wrong way driver.

You awake to blaring lights…

“Am I re-imagining the accident?” you ponder.

UM, UNINSURED-MOTORIST-COVERAGE, AUTO-ACCIDENT,  MEDICAL-BILLS, WHAT-IS-UNINSURED-MOTORIST-COVERAGE, BLICK-LAW-FIRM.1No, of course not; as your eyes adjust you realize that you are in the hospital. Your body is aching and very sore. To make things worse, the doctor comes by to say that your friend has luckily survived but is in critical condition. He introduces you to a police officer who is there to take a statement. The officer tells you that you were in an accident with a DUI offender, who has managed to walk away unscathed by the accident besides complete annihilation of his vehicle.

Unfortunately, circumstances such as these can happen to anyone. There are only so many things we can do to protect ourselves as drivers and not every accident is preventable. In Tampa, alone, the incidence of wrong way collisions has been numerous especially on the I275 stretch from Bears to Hillsborough.

If you are a victim of a DUI accident, please know that you have recourse. Blick Law Firm specialized in auto accidents and personal injury. We can help build your case and get just compensation for the suffering that may be experienced as a result of an auto accident. To seek a consultation with one of our attorneys please CALL US AT call

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