Tag Archives: helping the hurting

Personal Injury | Firework Safety | July 4th

Posted on July 3, 2013 by Blick Law

Independence Day is celebrated in recognition of the Declaration of Independence being approved by the Continental Congress in 1776, setting the 13 colonies on the road to freedom and liberty. The day is celebrated by parades, fireworks and barbecues across the country.

Fireworks have become an iconic symbol in the commemoration of our independence on the 4th of July, and they play a major role in American’s celebration of this day. Seeing fireworks shoot off in the sky brings fond moments, as bright lights flash in a glittery display for all to see; but, if not used with safety and caution, fireworks can cause harmful situations, resulting in serious damages.

Fireworks not only have damaging effects on property, but also heighten the risk for injury; this is especially true under the influence of alcohol. Firework personal injury claims are especially high in the month of July. Florida fireworks are not only illegal but may result in severe hand, body, arm and/or leg injuries, or even worse, it can result in death.

In Florida, it is illegal to buy, sell, or explode consumer fireworks.  You can do so, however, if you have a city permit.  Be aware that if you are shooting off fireworks without a permit, you are breaking the law, which may result in unnecessary fines and a possible police investigation. If law enforcement decides to crack down and you’re caught buying or shooting off illegal fireworks, it is a first-degree misdemeanor.

It is important to be aware that most of the fireworks sold in Florida are illegal. Consumers are usually unaware that the only fireworks that are allowed for personal use without obtaining a special county permit are those classified as “sparklers”. This category of “sparklers” includes a very limited amount of incendiary items.

Legally, the fireworks merchants have their customers sign liability waivers explaining that the fireworks are illegal for personal use; the costumer attests that he is aware of the illegality of the purchase, and signs that he will be using the fireworks for a legal purpose. The legal purpose for use of these consumer fireworks only includes the following:

(A) you have a city permit to shoot off fireworks for the public to enjoy;

(B) you will use the explosives to scare off birds from a farm or fish hatchery; or

(C) you work on a railroad and need to light or clear a path for your train.

These reasons are rarely examined by the purchasers, and most times the customer makes the purchase unaware of the consequences of their illegal use. The reason that persons continue to make the fireworks purchases is because they are unaware, and the law is rarely enforced.

If you or a loved one is injured while using or observing fireworks celebrations, call Blick Law Firm today at (813) 931-0840 to schedule a free 15 minute consultation with attorney Michael Blickensderfer.

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Hurricane Safety | Personal Injury | Tampa Attorney

Posted on June 25, 2013 by Blick Law

Weather conditions in Florida frequently cause safety concerns on the roadways, and it is important to be aware of potential dangers and take safety precautions to avoid them.

Inclement weather causes tricky road conditions like standing water or flooding. These road conditions often times conceal dangerous debris, tree branches, and even power lines that are not visible. Many drivers attempt to drive through flooded areas and risk encountering hazards to save time or to avoid an inconvenient detour; drivers should always consider the safety risks and take necessary precautions by avoiding flooded areas.

Many times, weather conditions cause traffic lights to become inoperative, creating confusion on the roadways that can lead to deadly collisions. When encountering a downed traffic light, every driver approaching the intersection should come to a complete stop and yield the right-of-way to any vehicle which has entered the intersection.

Be cautious, and consider that the roads are wet and cars are more prone to skidding and loss of control.

In the event Hurricane conditions cause the need to evacuate, have a plan ready, know where you will go, and research several alternate routes in the event of closed roads and severe traffic congestion.

If you or a loved one has been injured as a result of dangerous roadway conditions, call Blick Law Firm today at (813) 931-0840 to schedule a free 15 minute consultation with attorney Michael Blickensderfer.

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Tampa Law Firm |Chapter 7 Bankruptcy | Bankruptcy Attorney

Posted on June 21, 2013 by Blick Law

A Chapter 7 Bankruptcy filing is a useful way to discharge of most debt, and can relieve the burden of creditor collection attempts. Chapter 7 Bankruptcy is generally available when the debtor has little property aside from the basic necessities like furniture and clothing; and the debtor has difficulty making payments on basic expenses, or has very little money left after doing so. Today, many people utilize bankruptcy as a strategy for resolving unmanageable debt. Today, filing for Bankruptcy is more common than most people realize and can be a refreshing solution to a debt-ridden life.

Chapter 7 Bankruptcy is a liquidation proceeding whereby the debtor turns over all non-exempt property to the bankruptcy trustee who then converts it to cash to pay off the creditors. Usually within four months the debtor then receives a discharge of all dischargeable debts. Usually, these dischargeable debts include your credit card debt, old medical bills, utilities bills, unsecured loans, pay day loans, and most other types of unsecured debt.

The advantage to filing Chapter 7 Bankruptcy is that your unsecured debt is completely eliminated, the process is fairly quick, and the automatic stay that takes place after filing prohibits creditors from making collection efforts.

It is important to be aware that while Chapter 7 Bankruptcy may ultimately relieve a debtor of the burden of insurmountable unsecured debt, it is a process that requires the production of several documents and tedious preparation. The more prepared the debtor is, the more seamless the process becomes.

Bankruptcy is a complex area of law and involves many considerations, including whether to file, determining which type of Bankruptcy to file, the use of exemptions, understanding the protections of the Bankruptcy Code and using them to your advantage.

No matter what your situation is, obtaining quality legal consultation from an experienced bankruptcy attorney is beneficial. Contact Blick Law Firm today at (813) 931-0840. Schedule a free 15 minute consultation with attorney Michael Blickensderfer to assess what option is best for you. Think quick, call Blick!

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Real Estate | Title Closing Process | Real Estate Closing

Posted on June 20, 2013 by Blick Law

A Real Estate Closing is the final step of the home purchase process, whereby the buyer and seller sign the papers to transfer the ownership of the home. In order to complete this final phase of the purchase process, it is important to understand the timeline of requirements that take place leading up to the Closing.

First, a buyer must open an escrow account with a neutral third party, whereby the buyer provides earnest money to be held in consideration of the purchase in order to demonstrate good-faith that the buyer fully intends on completing the sale.

Following the opening of an escrow account, the buyer then needs to take 5 necessary steps to protect their interest in the home. These 5 steps are as follows:

  • Complete a Title search
  • Purchase Title Insurance
  • Complete a Home inspection and Pest inspection
  • Negotiate the Closing costs; and
  • Lock the interest rate of the mortgage.

These steps are important in the completion of any Real Estate transaction, and many times it is important for the buyer to seek legal counsel prior to moving forward with the purchase process. An experienced real estate attorney can provide professional legal advice, and interpret the very complicated language involved in most Closing documents. The attorney is also capable of identifying potential problems with your purchase documentation, and can save you the hassle of dealing with unexpected complications that may arise during the Real Estate purchase process.

If you or a loved one are considering purchasing a home and need advice on what to expect, call Blick Law Firm today at (813) 931-0840. Schedule a free 15-minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!

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Auto Accident Tampa

Posted on June 7, 2013 by Blick Law

Parties to an accident are often times contacted by insurance companies in an attempt to get personal injury victims to settle an injury claim quickly, and for a non-negotiated amount. Before a settlement offer is even discussed, it is extremely important to first know the extent of your injuries.

Usually, the severity of damage sustained in an accident is not easily determined, and in many cases an injured party may suffer soft tissue or latent injuries that do not arise until much later. However, once a settlement agreement is made and tendered, an injured party releases their right to recovery for injuries related to that particular incident.

If you are involved in an auto accident, it is always important to first seek medical attention. After an auto accident, it is best to go immediately to the hospital or other treatment facility to determine the extent of your injuries and pinpoint the necessary steps of rehabilitation that might be required.

Secondly, an injured party should always contact an attorney for legal consultation and general information on how to proceed following an accident. In the event an insurance company contacts you regarding your injury claim, do not offer any recorded statements without first consulting with an attorney.

If you or a loved one have been in an accident and need legal advice, call Blick Law Firm today @ (813) 931-0840. Schedule a free 15-minute consultation with attorney Michael Blickensderfer.

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Criminal Arrests Tampa

Posted on June 6, 2013 by Blick Law

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.

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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