Tag Archives: attorney

What is personal injury protection?

Personal Injury Protection (PIP) is a mandatory coverage on Florida car insurance policies that covers medical expenses, lost wages, and other damages. The original purpose of PIP coverage was to make sure that anyone injured in an auto accident would quickly receive money to treat their injuries. In Florida, all drivers are obligated to obtain a minimum of $10,000 PIP coverage for medical bills and lost wages following an auto accident.

Due to rampant fraud and misappropriation of PIP coverage in Florida, insurance companies have lobbied to pass PIP insurance reform to limit the types of treatment available to crash victims covered by PIP, and limit the amount of coverage in order to avoid abuse and fraud.

The new PIP law, which took effect January 1, 2013, requires that persons injured in an accident must begin medical services and care within 14-days of the accident in order to be eligible for PIP benefits. The law also requires that injured persons obtain their initial medical treatment from specific medical entities. The initial treatment must be administered by the following:

  • Emergency medical services personnel
  • Hospital
  • Facility that owns or is wholly owned by a hospital
  • Medical doctor, dentist, chiropractor or osteopath.

Additionally, the new law bans the use of PIP dollars to pay for massage or acupuncture treatments and will limit the payout for non-emergency treatment of accident-related injuries to $2,500.00. A widespread concern is that accident victims with serious injuries won’t be able to get the care they need if they sustain an injury such as a whiplash or herniated disc because these injuries may not qualify as an emergency.

Nonetheless, supporters of the new law insist that the reform will contribute to overall lower insurance premiums and provide much needed relief to Florida drivers.

If you or a loved one have been a victim of an auto accident and have questions concerning your rights, call Blick Law Firm today at 813-931-0840 to schedule a free 15 minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!

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What Is Uninsured Motorist Coverage?

Auto accidents can be devastating, and often times result in not only property damage, but also severe injuries that require extensive medical attention and treatment. 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. Uninsured Motorist (UM) Coverage provides for payment of certain benefits for damages caused by owners or operators of uninsured vehicles that cause injury resulting from an automobile accident. Such benefits include payment for medical expenses, lost wages, and even pain and suffering.

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.

If you or a loved one has been a victim of an auto accident and have questions concerning your rights, call Blick Law Firm today at 813-931-0840 to schedule a free 15 minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!

 

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Arrested Over the New Year?

During the transition into the New Year, most people spend extra time celebrating with friends and family. However, every New Year people tend to get carried away in their celebrations and face the risk of being arrested. Due to an increased tendency to behave irresponsibly during these festive times, arrests for DUI, trespass, disorderly conduct, and various alcohol related offenses tend to increase accordingly. It is important to remember to always be responsible during and after New Year’s celebrations, but also to be aware of your rights in the event that you are arrested.

When confronted by police, people often become nervous because they are unsure if they may be in violation of some ordinance or law. The difference between merely being detained by police and arrested creates different limitations to your rights. It is important to understand what you can do. Police may stop you, and it is not considered an arrest if you are just briefly detained.

A detainment occurs when an officer stops and questions a person of interest, generally for a shorter period of time, and requires less than “probable cause” to make a detainment. An officer can detain anyone if they have a “reasonable suspicion” that the person committed or was involved in any criminal activity.

In the event you are stopped for questioning, it is important to remain calm, be polite, keep your hands visible at all times, and do not attempt to flee. You do have the right to remain silent, however, it is best to identify yourself first and then notify the officer that you are exercising your right to silence.

If you are unsure of the situation, you can ask the officer why you have been detained and if you are under arrest. If at that time you are not under arrest, you have the right to leave. If the officer proceeds to arrest you, you have the right to speak to a Criminal Defense Attorney.

An arrest occurs only upon a determination of “probable cause”, this means the officer must have more than just a “suspicion”, the officer must have a “reasonable belief” that you committed a crime. Once the arrest is made, an officer can lawfully conduct a search incident to arrest of your person for weapons, evidence, and contraband. At this point, the officer can hold you in jail for up to 24 hours or until a warrant is issued for the charges.

Anytime you are stopped and arrested it is important to quickly consult a Criminal Attorney regarding your rights and advice on what you should do. If you have been arrested for a criminal offense, or even issued a citation for a traffic violation, call Blick Law Firm today at (813) 931-0840 to schedule an appointment for a free 15 minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!

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Back to School: Bullying and Child Safety

For many children, returning to school is an exciting time to reunite with old friends, meet new ones, and begin a fresh start in a new school year. However, for some children, school has become a place they have learned to despise because of exclusion and teenage bullying. In recent years, bullying has become a growing concern for parents and school officials alike.

The growing problem has gained visibility through horrible stories of verbal, physical, and even sexual abuse that has been taking place in schools all across the United States.

In response, Congress has sought to enact the Safe Schools Improvement Act to implement anti-bullying measures which would require U.S. schools to report bullying and to provide intervention and prevention programs. The U.S. Department of Education has also issued guidance to schools, colleges, and universities, making it clear that schools have not just a moral responsibility, but a legal responsibility, to protect all students from harassment and bullying.

The Department of Education has also launched the website StopBullying.gov to provide information to school officials, parents, and children on what is being done to prevent bullying, and what to do in the event your child becomes a victim.

If you need advice, or are concerned about abuse at your child’s school, call Blick Law Firm today at (813) 931-0840 and schedule a free 15 minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!

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Police Stops, Detained vs. Arrested

When confronted by police, people often become nervous because they are unsure if they may be in violation of some ordinance or law. The difference between merely being detained by police and arrested creates different limitations to your rights. It is important to understand what you can do. Police may stop you, and it is not considered an arrest if you are just briefly detained.

A detainment occurs when an officer stops and questions a person of interest, generally for a shorter period of time, and requires less than “probable cause” to make a detainment. An officer can detain anyone if they have a “reasonable suspicion” that the person committed or was involved in any criminal activity.

In the event you are stopped for questioning, it is important to remain calm, be polite, keep your hands visible at all times, and do not attempt to flee. You do have the right to remain silent, however, it is best to identify yourself first and then notify the officer that you are exercising your right to silence.

If you are unsure of the situation, you can ask the officer why you have been detained and if you are under arrest. If at that time you are not under arrest, you have the right to leave. If the officer proceeds to arrest you, you have the right to speak to a Criminal Defense Attorney.

An arrest occurs only upon a determination of “probable cause”, this means the officer must have more than just a “suspicion”, the officer must have a “reasonable belief” that you committed a crime. Once the arrest is made, an officer can lawfully conduct a search incident to arrest of your person for weapons, evidence, and contraband. At this point, the officer can hold you in jail for up to 24 hours or until a warrant is issued for the charges.

Anytime you are stopped and arrested it is important to quickly consult a Criminal Attorney regarding your rights and advice on what you should do. If you have been arrested for a criminal offense, or even issued a citation for a traffic violation, call Blick Law Firm today at (813) 931-0840 to schedule an appointment for a free 15 minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!

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What options do I have to stay in my home?

Thank you for watching Minute with Mike, free legal advice answered by attorney Michael C. Blickensderfer every Wednesday at Noon.

Whether you are looking into leaving or staying in your home, you should check out all your options.

Blick Law Firm provides top legal council for those seeking Loan Modification options, looking to do a Short Sale on their home, or assisting those in Foreclosure Defense.

With over 25 years legal experience, Attorney Michael C Blickensderfer can assist you with guiding you in the right direction, considering what is best for you and your loved ones.

Blick law Firm is a local Tampa Bay law firm specializing in personal injury, criminal law, Chapter 7 bankruptcy and real estate law all across the state of Florida.

For further information regarding real estate law and your options to keep your home or sell, please visit our website at www.blicklawfirm.com or call 813-931-0840.

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