Disclaimer: Blick Blog discusses topics regarding general legal information for the purposes of educating readers only and should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Submitting a legal question or receipt of information on this forum does not create an attorney client relationship with attorney Michael C. Blickensderfer or Blick Law Firm. Attorney Michael C. Blickensderfer cannot guarantee a specific result in any legal matter. Also, this website and blog is not intended to solicit clients outside the State of Florida.

Personal Injury Auto Accidents

Posted on April 25, 2013 by Blick Law

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 your potential personal injury case.

If you are involved in an auto accident, it is critical 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.

If the injuries sustained in the accident are not severe or life threatening, it is important to gather necessary information about the accident for purposes of supporting your potential legal suit. Important information to gather includes:

Identification of all occupants: including names, phone numbers, addresses and even emails.

Photos of the Damage: photograph all damages, including both vehicle and surrounding property damage.

Photos of the Accident Scene: photograph any debris, skid marks and also the position of the vehicles involved in the collision; and

Information of Responding Officer(s) and Ambulance: Request any and all identifying information on the officer(s) and Ambulance that respond to the incident

Injured parties should also 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 at  (813) 931-0840 . Schedule a free 15-minute consultation with attorney Michael Blickensderfer.

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Foreclosure Defense Tampa

Posted on April 22, 2013 by Blick Law

Foreclosure is the process by which a lender attempts to recover the unpaid balance of a loan after the borrower discontinues payments. Foreclosure allows the lender to force a sale of the home in order to satisfy the remaining balance of the loan.

In Florida, if you have received a foreclosure summons complaint, you have 20 days to answer in order to avoid a default judgment being issued against you. Once your home is threatened by foreclosure, it is important to seek legal advice and explore what options may be available.

It is important to seek legal advice from an experienced foreclosure attorney prior to filing an appropriate answer to a foreclosure summons. The answer to a foreclosure summons can be the difference between quickly losing your home to a default judgment or maintaining and keeping your home for an extended period.

If your property becomes subject to foreclosure, here are some potential remedies to discuss with an experienced attorney:

  • Reinstatement – To avoid the completion of the foreclosure process, you may be able to reinstate the loan by making payments on the past due amount. Generally, the lender will be cooperative if you bring your account up to date, or demonstrate that you now have the means to catch up on the past due payments.
  • Mortgage Modification – The lender may be willing to modify the terms of the mortgage. Modification of the agreement may involve adding payments to the end of the mortgage and simply extend the term of the loan. Modification of the mortgage agreement may also be made by reducing the interest rate of the original Mortgage Agreement, and it could include partial forgiveness of the amount of money you owe.
  • Forbearance Plan – As a borrower you may be able to file a forbearance plan with your mortgage provider. Under this arrangement, the lender will agree not to pursue the foreclosure action; but, the lender will likely require proof of adequate means to satisfy the repayment on the loan. This is generally a viable option if you have encountered a temporary setback such as poor health or loss of employment.
  • Deed in Lieu of Foreclosure – You may also deed the home back to the mortgage provider if the lender agrees to accept a Deed in Lieu of Foreclosure. The lender will take back the property and cancel the remaining debt. You will be unable to keep your home, but avoid foreclosure and minimize the detriment to your credit score.
  • Short Sale – To avoid foreclosure, you may also be able to sell your home for less money than the amount owed. A short sale can be completed by finding a buyer willing to pay current market value to purchase the home and have the mortgage provider agree to the sale. Any shortage after the sale will then either is written off by the lender and an IRS 1099 is issued to the seller, or a deficiency remains which the lender may pursue to collect against the seller.

Foreclosure continues to be a growing problem in Florida, and if it happens to you, the worst thing to do is ignore it.

If you or a loved one are being threatened by Foreclosure or have legal questions regarding any potential legal remedies, call Blick Law Firm today at (813) 931-0840. Schedule a free 15-minute consultation with attorney Michael Blickensderfer to see what your legal rights are in defending a foreclosure action.

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What is personal injury protection?

Posted on April 19, 2013 by Blick Law

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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Probate: What is a Will? … and do I need one?

Posted on April 18, 2013 by Blick Law

A Will is a legal document that provides direction for how a decedent intends to distribute their assets upon their death. Many times, people avoid considering the different options available through the probate process out of a fear of thinking about their own death.

A person without a will at the time of death is said to have died intestate. When a person dies intestate, the State will then follow the intestacy guidelines governing how to distribute intestate assets to heirs based on relation and bloodline.

Realistically, executing a Will for the disposition of one’s assets is an important part of planning the future of your estate; as it is always better to have your intentions for the disposition of your assets to be memorialized in an executed Will, rather than have the State determine the disposition of your assets. Probate is the process of identifying and gathering the assets of the deceased person, paying their debts, and distributing the assets to his or her beneficiaries.

Many considerations must be made prior to setting forth the distribution of one’s assets following their death, and often times other legal documents are more suitable for particular situations. It is important to discuss your situation with an experienced attorney, and determine what is best for you be it a Will or Trust instrument.

If you or a loved have concerns or questions about the future of your estate, call Blick Law Firm today. Schedule a free 15-minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!

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Driving with License Suspended

Posted on April 15, 2013 by Blick Law

Everyday Florida drivers get behind the wheel unaware that their driving privilege has been suspended, cancelled, or revoked. Law enforcement officers make daily arrests for driving with a suspended license which can lead to complications when trying to reinstate your driving privilege.

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. 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.

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 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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Bankruptcy: Chapter 13

Posted on April 13, 2013 by Blick Law

When considering Bankruptcy, a Chapter 7 filing is a useful way to discharge of most debt and can relieve the burden of creditor collection attempts. However, many times a debtor has equity in a home or property and would like to file for Bankruptcy but not surrender their home. In these cases, a debtor can reaffirm the debt for the particular property they would like to maintain and keep making the payments, or file for Chapter 13 Bankruptcy which allows the debtor to reorganize the debt into a consolidated and more manageable payment.

Chapter 13 Bankruptcy gives the debtor an opportunity to manage their debt over a period of 3 to 5 years and still maintain the rights to both exempt and non-exempt property. This is particularly useful when the debtor has a large amount of equity in the home or property. Chapter 13 also helps by reducing payments on debts that cannot be discharged by Chapter 7, such as Student Loans; additionally, Chapter 13 helps avoid wage garnishment, delays the foreclosure process on the home, protects co-signers, and allows for an overall extension on the repayment term of most debts.

However, the decision to declare Bankruptcy also comes with consequences. The disadvantages of filing Chapter 13 include:

  • Credit reports will show a Chapter 13 Bankruptcy filing for 7 years
  • The debtor will receive high interest rates on future credit
  • The debtor will have a strict budget in place in order to ensure the reorganized debt payments
  • Legal representation fees tend to be higher, plus added court costs

If you are having trouble meeting your debt obligations, consult an experienced Tampa Bankruptcy attorney to discuss your options.

Call Blick Law Firm today at 813-931-0840. Make an appointment for a free 15 minute consultation with Michael Blickensderfer to see if Bankruptcy is right for you.

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