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Category Archives: Personal Injury
Written By: Louie Talacay
Accidents resulting in personal injury can be a traumatizing and stressful experience. Often times, the offender is reluctant to accept blame and immediate action and treatment may be delayed as a result. In times such as these, it is important to have an experienced and professional team to guide you through the process of handling your claim as a united front. The following is a list of common personal injury cases along with a few scenarios –can you match up the scenarios with their respective case type??
A. Automobile Accidents |B. Motorcycle Accidents | C. Slip and Falls| D. Premises Liability|E. Dog Bite| F. Marine & Boating Accidents| G. Wrongful Deaths| H. Medical Malpractice
__ Scenario A:
A car runs a red light on a turning lane and sidelines a motorcyclist turning right at the intersection. Fortunately for the motorcyclist, they are able to act quickly and bail from the motorcycle sustaining only a broken arm and some road rash, but their bike is wrecked in the ensuing crash. As is common, the motorcyclist does not carry insurance for his vehicle.
__ Scenario B:
The summer rain season is in full swing and every day after 4pm a downpour occurs. Heather, a mom, is picking up her daughter from gymnastics. The front lobby is slippery from previous persons walking in and out of the building and no sign is put in place to make people aware of the danger. Heather slips as she goes to the counter to sign her daughter out. The fall causes Heather to land on her tailbone and break her lower lumbar.
A pharmacist misreads the prescription drug Celebrex (used to treat arthritis) for Celexa an antidepressant. The antidepressant causes severe manic depression for the patient and three days after being prescribed the medication, the patient dies of an apparent suicide.
Scenario A is a Motorcycle claim. The uninsured motorcyclist may be able to recover for motorcycle damage and injuries sustained from the car that ran the red light.
Scenario B is a combination of a slip and fall as well as a premise liability case. The company may be held liable for not making persons aware of a slippery/wet floor.
Scenario C is also a combination of two types of PI cases. It is not only a wrongful death case but could be encapsulated within a medical malpractice case. The pharmacist that dispensed the wrong medication could be held culpable for the wrongful death.
Each year, automobile and motorcycle accidents are a major cause of fatalities nationwide. As a result, it is important to employ all necessary safety measures available to avoid or reduce the risk of serious injury while operating an automobile or motorcycle.
Studies indicate that the use of a safety belt greatly reduces the chance of harm or serious injury when involved in an auto accident, especially when an automobile operator is thrown from the vehicle as a result of impact. In an effort to combat this risk and encourage the use of safety belts, Florida has mandatory safety belt requirements. In Florida:
- Seat belt laws apply to all cars, pickup trucks, and vans operated on Florida roads.
- All passengers in the front seat must wear a seat belt.
- All passengers under 18 must wear a seat belt.
Florida also has mandatory child restraint laws that hold drivers responsible for buckling up children. Specifically, Florida law requires that children 3 years old and younger must be secured in a federally approved child-restraint seat; and children 4 through 5 years old must be secured by either a federally approved child restraint seat or safety belt.
Motorcyclists have even more safety concerns as motorcycle accidents tend to involve more serious injuries and incur a higher rate of fatalities. Additionally, with the rising costs of health care, insurance companies have begun to include exclusion clauses to insurance policies that can deny coverage for risky behavior such as motorcycling. While Florida law does not require the use of motorcycle helmets, research conducted by the National Highway Traffic Safety Administration indicates that motorcyclists without a helmet are three times more likely to suffer brain injuries, and that helmets reduce the risk of death by nearly 30 percent when involved in a motorcycle accident.
If you or a loved have been injured in an accident and you have questions or concerns about your rights to recovery, call Blick Law Firm today at (888) 973-2776. Schedule a free 15-minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!
- Automobile/Motorcycle Accidents
- Slip and Fall Injuries
- Premises Liability, Including Mold Exposure
- Products Liability
- Dog Bites
- Marine and Boating Accidents
- Wrongful Deaths
Injury Claim fees are on a contingency fee basis. This means the attorney fees are paid out at the end of a settlement. So in other words no fees to the attorney, unless your case prevails. In Florida, standard attorney contingency fee is 33.33% of the recovery.
In certain cases, a personal injury matter may be more complex and require litigation. In this instance, a lawsuit is filed and the case goes before the court and will ultimately be determined by a jury. The fee associated with cases that reach litigation is higher due to the complexity of legal services. In the state of Florida, the appropriate attorney fee in this instance is 40% of the recovery.
If you or a loved one have been in an auto accident and need legal advice, call Blick Law Firm today to schedule a free 15-minute consultation with attorney Michael Blickensderfer.
As the summer season winds down, it is important to plan and ensure that the end of summer vacation remains fun and safe. Take precautions and plan ahead this Labor Day Weekend to prevent an accident during your celebrating. If you are planning to hit the road, follow these guidelines to protect the safety of you and your loved ones.
To make sure that your trip is safe this weekend, here are some things to check on your vehicle:
Car Seat – If you will be traveling with small children, be sure that car seats and booster seats are installed properly. Make sure that children are strapped in well before departure.
Hoses – Check under your hood for tears in your hoses. If your vehicle is leaking fluid, it is crucial to have this repaired before you hit the road.
Lights – Make sure your turn signals, break lights, emergency lights, and headlights are in good working condition.
Tires – It is important that your tires are in good condition before hitting the road, and be sure to have a spare tire available should you need it. Check the air pressure and tread on all four of your tires, and be sure to check the spare as well.
Belts – If your belts are old and have cracks, get them replaced and secured before you head out.
Air condition – Temperatures get very high in the summer months, make sure that your AC is working properly before traveling.
Fluid Levels – Make sure that your fluid levels are full, and don’t forget to check your oil and have it changed if needed.
Have a mechanic inspect your vehicle to make sure that it is okay for travel. This is a great way to ensure a safe road trip for yourself and your family.
On the road for a long period of time? It is important to stay alert and focused to avoid an auto accident. Avoiding fatigue is critical to ensure a safe trip, and be sure to avoid distractions when driving.
Here are some ways to avoid fatigue and stay alert during your road trip:
- Bring snacks and plenty of water
- Stop for food as needed
- Take breaks
- Switch drivers
- Check in a hotel if driving overnight
Senior Attorney, Michael Blickensderfer has 26+ years’ legal experience, if you or a loved one have been involved in a car accident, call Blick Law Firm today for a free 15 minute consultation. Think quick, Call Blick!
Personal Injury Claims result from the negligence of one party causing injury to another. Insurance coverage is critical to gauge possible financial recovery in an accident for a personal injury plaintiff. Those who have been injured due to the negligence of another may be subject to an injury case with little to no recovery. Unless the plaintiff’s own insurance policy has Uninsured Motorist (UM) Coverage which provides for payment of certain benefits for damages caused by owners or operators of vehicles that are not insured and that cause injury resulting from an automobile accident. Such benefits include payment for medical expenses, lost wages, and even pain and suffering.
Insurance coverage is vital in helping car accident victims afford the medical care they need and provides assistance in replacing the loss of property incurred when involved in a serious accident.
Florida requires that all automobile owners who register and operate a vehicle must have Florida insurance. In Florida, the mandatory minimum coverage is $10,000 of personal injury protection (PIP) and $10,000 property damage liability (PDL) as long as you have a valid Florida license plate.
While these mandatory minimums are in place, many Florida drivers operate vehicles without any automobile insurance coverage. As a protection against Uninsured Motorists, insurance companies provide Uninsured Motorist Coverage.
As a precaution, it is important for all drivers to consider adding UM coverage to their existing policy to protect themselves and their families from injuries and loss caused in an auto accident by uninsured motorists.
Medical and Property Damages
As soon as you are injured in an auto accident, you should seek immediate medical attention for your injuries including, transport via ambulance and emergency room hospital visit. Injuries sustained in an accident are not to be taken lightly as they may become worse over time and may cause severe life-long damages.
It is important that parties to an accident seek immediate medical attention and the more severe your injuries are, the more likely insurance companies are willing to work with a personal injury attorney to negotiate billing and cover future medical needs.
In other cases, property damage and other damages sustained in an auto accident weighs in the value to the claim and overall recovery for the client.
If you have recently been involved in an auto accident contact a personal injury attorney today to receive a free case evaluation and protect your legal rights. Call 888-973-2776 today!
In Florida, standard attorney contingency fee is 33.33% of the recovery. However, in certain cases a personal injury matter may be more complex and require litigation. If this is the case a lawsuit is then filed and the case goes before the court and will ultimately be determined by a jury. The fee associated with cases that reach litigation is higher due to the complexity of legal services. In the state of Florida, the appropriate attorney fee in this instance is 40% of the recovery. It may vary case by case so be sure to contact your personal injury attorney today and ask them for more information!
Additionally, if you are the injured party due to a negligent driver you should contact an attorney for legal consultation and information on how to proceed following an auto accident. The reason being, in the event of an accident an insurance company contacts you regarding your injury claim. You do not want to offer any recorded statements without first consulting with an attorney.
Whether the injury is caused from a car accident, wrongful death, slip and fall, or exposure to a defective product you should seek a personal injury attorney to assist with your claim. A personal injury attorney will make sure you get the proper medical assistance and legal representation for your claim.
If you have been involved in an accident and need legal help, call attorney Michael C. Blickensderfer at Blick Law Firm and schedule a free 15-minute consultation. Think quick, call Blick!