Monthly Archives: July 2013

Criminal Law | Driving with a Suspended License | Christian Lawyer Tampa

In Florida, it is a criminal traffic offense if a driver operates a motor vehicle with knowledge that their driver’s license is cancelled, suspended, or revoked. Additionally, being issued a citation for Driving with a Suspended License requires a court appearance, which must be filed for with 10 days. Obtaining legal representation to defend against a charge for Driving with a suspended license is important, and may help you avoid future consequences associated with multiple infractions for driving with a suspended license.

It is important to know that multiple infractions of Driving with a Suspended License can lead to very serious consequences, and drivers with repeated violations can become listed as a Habitual Traffic Offender.

The following charges may result from Driving with a Suspended License with knowledge of the suspension:

(1) First conviction is a second degree misdemeanor;

(2) Second conviction is a first degree misdemeanor;

(3) Third, or subsequent conviction, is a third degree felony and possible jail time may have to be served.

The penalty of driving with your license suspended, whether you have knowledge or not, can be serious and generally lead to complications with your future driving privilege.

If you or a loved one have been arrested or issued a citation for driving with a suspended license, call Blick Law Firm today at (813) 931-0840. Schedule a free 15-minute consultation with attorney Michael Blickensderfer.

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5 Damaging Ways You May Hurt Your Claim | Auto Accident | Tampa Law Firm

Auto accidents can be devastating, and injuries sustained in an accident can begin a timeline of treatment and therapy that can take months to complete.

If you are involved in an auto accident, it is always important to know what steps to undertake to protect yourself and avoid damaging your potential personal injury case. Many people are unaware that there are several ways they can actually damage their Florida auto accident claim. Here are some important things to avoid that will help ensure your claim is successful:         

1. Revealing Information via Social Media: Today’s generation is technologically savvy, a fact which defense attorneys or insurance companies use to their advantage. People can update their status, tweet, write a blog post, or check into places in real time, making themselves more susceptible to public scrutiny. In an auto accident case, Internet research is conducted to help prove that you may not be as injured as you claim.

It is important to understand that what you post or tweet can potentially help the opposing insurance company and hurt your case. Be cautious when posting photos or comments that might discredit your claim. For instance, think twice before posting a status about going to the gym when you claimed to have severe back pain from a recent accident.

2. Lack of Witness Information: Any type of auto accident can cause stress and impair your normal thought process. It is important to stay as calm as possible and gather proper information that will help your case later on. One of the key ways to help your claim if you are not at fault is to identify witnesses. It is important to corroborate your case with eyewitnesses because it will minimize debate from insurance companies. Do not assume the investigating office will collect this information. Take matters into your own hands if possible and ask for witnesses’ contact information promptly after the accident.

3. Giving a Recorded Statement to the Opposing Insurance Company: This is a very common mistake. Usually when an auto accident occurs, the insurance companies are notified right away. Once insurance companies are notified, they move quickly to obtain a recorded statement about what happened and information about your current injury. Most people feel that they have to give a recorded statement to the opposing insurance company and answer their questions. THIS IS FALSE. There is no requirement that you give a recorded statement.

Often, the other insurance company is looking to take advantage of your mental state and lack of knowledge about the matter at hand. Therefore, do not ever give a recorded statement without first consulting your attorney.

4. Take Opposing Auto Insurance Companies Lightly: If you are not at fault, the opposing driver’s insurance company will conduct an investigation during your case. This may include surveillance, photos of damages or video footage of you at some point during the process.

Honesty is the best policy. If you attempt certain activities that might seem questionable, admit them. We understand that over the period of the claim process, you will be treated for injuries and your physical health will improve. However, when an auto accident victim denies something that an insurance investigation later reveals to be true, it will hurt your claim.

5. Waiting too Long to Get Medical Treatment: Most people involved in an accident assume the pain or injury will go away in time. Unfortunately, that is always not the case and complaints may progressively worsen.

Insurance companies monitor the gap between treatments. If you wait even a few days to start treatment, they assume you may not be as injured as you claim. Prompt medical attention is necessary in evaluating your claim and if injuries are severe, report to the hospital. Once you visit a personal injury attorney, request appropriate medical care. Any complaints and symptoms should be well documented and recorded.

Personal injury claims all vary in severity, and often times they involve lifelong consequences that require extensive future medical expenses and years of pain and suffering. If you or a loved one has been injured due to the actions or negligence of another, call Blick Law Firm today at (813) 931-0840.

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Personal Injury | Firework Safety | July 4th

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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