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.

What role can social media play in your personal injury case?

ATTORNEY,SOCIAL-MEDIA,INSURANCE-COMPANIES,MEDICAL-TREATMENTS,INTERNET,LAWYER,SOCIAL-MEDIA-POST 2Nearly everyone has some sort of social media account, and the majority of users post after big life moments, from exciting to startling. In the digital age, your social media posts, even the seemingly innocent, can be used as evidence in court. This is true in a case of any nature, but especially for personal injury cases.

Avoid posting anything about your case. This may seem to go without saying, but in an emotional moment, it is important to control your impulses, and your fingers, regarding leaking any information pertaining to your case on the internet. Information that could be potentially harmful to your case, and that you should not post on your social media accounts, include:
• Conversations with your lawyer
• Information about your medical treatment or diagnosis
• Disgruntles with the opposing party or your insurance company
• The exchange of contact with anyone involved in the case

Limit your location “check-ins,” photos posted, and photos friends tag you in. In a personal injury case, you and your attorney are working to convince the court that you are 1) injured and 2) experiencing a lesser quality of life because of it. Frequent posts about extreme sports or other physical activities, social events and parties, and regular trips out of the house could make it seem that you are living your life normally following an accident, not in a situation of pain, stress, and suffering.

While social media information is quite easy to obtain, even if your account is listed as ATTORNEY,SOCIAL-MEDIA,INSURANCE-COMPANIES,MEDICAL-TREATMENTS,INTERNET,LAWYER,SOCIAL-MEDIA-POSTprivate, in some cases insurance companies and other parties involved in the case may request to follow you or add you as a friend to obtain easier access to your posts and information. During your case, it is best to accept social media connections only from people you personally know well, and would want to see all your information. For more information contact a legal representative today to set up your 15 minute free consultation at 813-931-0840!

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Governor Scott Signs Questionable New Water Policy

FLINT-WATER-CRISIS,WATER-MANAGEMENT,FLORIDA-WATER-SOURCES,RICK-SCOTT 2The current Flint water crisis has many Floridians thinking about their own water situations. It’s no new opinion that Florida’s water should be regulated, but the recent Florida SB 552, signed by Gov. Rick Scott, will likely stand in the way of those desired regulations.

The bill’s original intention was to clean up Florida’s water sources and protect aquifers. The legislative process mangled the bill to advance special interests, tie the hands of local water management districts, and potentially, leave the costs of pollution clean ups to taxpayers.

Former Florida senator and governor Bob Graham personally contacted Gov. Scott, urging him not to sign the bill. Graham said, “This bill leaves the people and businesses of Florida unprepared to meet the water challenges of the 21st century.”

Graham feels the bill does very little in the way of restricting water usage for the more than 19 million Florida residents and will not be effective in controlling the amount of pollutants that enter Florida water sources. Instead, the bill loosens pollution enforcement standards and gives large water users decades to meet their cleanup goals.

The bill will not only affect Florida’s people, but could have detrimental effects on the wildlife by interfering with clean up of the Everglades and Lake Okeechobee. Both of FLINT-WATER-CRISIS,WATER-MANAGEMENT,FLORIDA-WATER-SOURCES,RICK-SCOTTwhich have elevated phosphorus levels from many years of farming and urban runoff.

The flawed water policy, meant to “modernize” Florida’s water standards, will leave Florida citizens wanting more from their state legislators. For more information contact a legal representative today to set up your 15 minute free consultation at 813-931-0840!

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Floridians Resurrect Medical Marijuana Amendment

MEDICAL-MARIJUANA,FLORIDA-SUPREME-COURT,FLORIDA-DEPARTMENT-OF-HEALTH,MARIJUANA-BUSINESS 1In 2014, Florida adopted a very restrictive medical marijuana program that has been tied up in legal challenges for nearly two years. Around the same time, some Florida legislators tried amending the state’s constitution to include legalized medical marijuana. Though Amendment 2 did not pass in 2014, the ballot initiative will make a reappearance this year.

Florida’s State attorney general tried to strike down Amendment 2 in 2014, claiming it misled voters of its intent. However, the Florida Supreme Court supported the document, keeping it alive. Florida licensed attorney, Hilary Bricken attributed Floridian’s lack of enthusiasm to vote in favor of the initiative to the many self-proclaimed medical marijuana experts that appeared on the scene.

Amendment 2 failed by a very narrow margin in 2014 and has received the necessary support for the Florida Division of Elections to certify its appearance on Florida’s November balance. Since 2014, the amendment’s language has become clearer regarding regulation and oversight of the medical marijuana business, qualifying patients, and caregivers.

Should the amendment pass, Florida’s Department of Health will oversee the medical marijuana program, through “Medical Marijuana Treatment Centers,” or MMTCs. The MMTCs will grow, process, and distribute all medical marijuana. A qualifying patient must suffer from an approved debilitating disease, get physician certification, and have a medical marijuana identification card. Of the qualifying medical conditions are cancer, epilepsy, glaucoma, HIV, AIDS, ALS, PTSD, Crohn’s Disease, multiple sclerosis, and Parkinson’s disease, among others.

The amendment clearly states that the Florida Department of Health will issue regulations within six months of the amendment’s passing, regarding the following issues:
• Procedures for issuing and renewing identification cards to qualifying patients.
• Procedures for establishing standards for caregivers, including security checks and issuing caregiver identification cards.
• Procedures for establishing, registering, and maintaining MMTCs, including proper security, record keeping, testing, labeling, and inspection.
• Regulations for prescribing the appropriate amount of medical marijuana for a given condition.MEDICAL-MARIJUANA,FLORIDA-SUPREME-COURT,FLORIDA-DEPARTMENT-OF-HEALTH,MARIJUANA-BUSINESS

Only time will tell how the amendment’s revival will fair; but, there is a much more positive outlook and attitude toward its success in 2016. For more information contact a legal representative today to set up your 15 minute free consultation at 813-931-0840!

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What should you do after an auto accident?

photo (16)After you are involved in an accident it is normal to feel shock, panic, or worry, but it is very important that you take the proper steps to ensure you do not injure yourself or others, or break the law.

Immediately after an auto accident occurs, check yourself for injuries.
• If you are injured, it is important to call 911 if you can. If you are seriously injured, try to remain still until help arrives.
• If you are not injured, make sure none of your passengers are injured. If any of your passengers are injured, call 911.

Move yourself, and if possible, your vehicle to safety.
• If it is safe to drive your vehicle, pull it to the side of the road, so it does not pose a threat to other drivers.
• If you cannot drive your vehicle, leave it in its place. Turn on your hazards or use road flares to warn those on the road, and wait for help.
• Wait with your passengers at the side of the road, the sidewalk, or a nearby parking lot until help arrives.

Notify the authorities. No matter the severity of the accident, it is important that you call the police. In the state of Florida, if you fail to report an accident that causes $500 or more of damages, you are violating the law.

Call your insurance agent. Calling your insurer from the accident scene can help prepare you to file a claim and will keep your insurance agent up to speed.CAR-ACCIDENT-LAW-FIRMS, CAR-CRASH, INJURY-COMPENSATION, TAMPA-PERSONAL-INJURY-ATTORNEY

Document the accident. Following an accident, avoid discussing fault with the involved parties. These details should only be discussed with your lawyer and police. It is also a good idea to do the following:
• Get the names and badge numbers of responding police officers
• Ask for a copy of the accident report
• Take pictures of all cars involved
• Talk to witnesses and record their names and contact information

Exchange information. After the accident report is filed with police, you should exchange the following information with the other driver or drivers:
• Full name and contact information
• Insurance company and policy number
• Driver’s license and license plate numbers
• Make, model, and color of the vehicle
• Location of accident

Blick Law Firm understands your need for legal advice and assistance after an auto accident. Call us now at 888-973-2776 for a free consultation with one of our trusted personal injury attorneys! [CLICK HERE]

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Proposed Changes to Florida’s Open Carry Law

Screen Shot 2016-01-30 at 1.16.13 PMFlorida’s elected Sheriff’s Association announced a proposal on January 20, 2016, that would protect legal, concealed carry permit holders from arrest and persecution for unintentionally showing their firearms. According to the FSA, this proposal would offer protection to more than 1.5 million concealed carry permit holders, without legalizing complete open carry in Florida.

FSA President and Alachua County Sheriff, Sadie Darnell, said, “Today in Florida, responsible concealed weapons permit holders can face penalties for unintentionally displaying a weapon – highlighting a major oversight in the laws governing our abilities to carry a concealed weapon.”

The current law dealing with displaying a firearm was passed in 2011, and drew negative attention from the National Rifle Association (NRA). Previous NRA President and current United Sportsmen of Florida President Marion Hammer said, “There have been problems for years of license holders who were carrying concealed whose firearms accidentally and unintentionally became visible to the sight of another person, being stopped, harassed, and even arrested and prosecuted under the ban on open carry because somebody saw their gun.”Screen Shot 2016-01-30 at 1.16.06 PM

The FSA believes their proposal is a happy medium for everyone, closing loopholes for concealed carry holders, while addressing the public’s safety concerns. The proposal, will protect concealed carry holders who inadvertently display their weapon without causing harm or negatively impacting safety, tourism, private businesses, and the general public.

More specifically, the proposal:
• Requires a deliberate and intentional violation of the law before an arrest can be made
• Maintains that a concealed carry holder is lawfully carrying
• Provides immunity for concealed carry holders who unintentionally display their weapons
• Authorizes an expunction of the criminal history associated with an arrest under this section if the person is found not guilty or the charge is dismissed

“This is about strengthening the legal rights of Florida’s 1.5 million concealed weapons permit holders, who already enjoy significant rights afforded under the Second Amendment and also Florida’s constitution, including the right to openly conceal and carry in many different circumstances,” said Bob Gualteiri, FSA Legislative Chairman and Pinellas County Sheriff. [CLICK HERE]

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Florida Lawmakers Consider Adding to Existing Drone Legislation

Screen Shot 2016-01-30 at 1.04.13 PMAs drones grow in popularity, lawmakers face increasing pressure to protect residents from the dangers that come with the new technology. There is already legislation in place in the state of Florida to protect residents’ from the invasion of personal privacy at the hands of drone users; but, now there is talk of enacting legislation that would hold drone operators accountable for the damage incurred by their drone use.

There is currently no law in place to protect Floridians from personal or property damage caused by drones. Republican state Sen. Miguel Diaz de la Portilla, of Miami, would like to change that.

“They’re very hard to control and they can cause massive damage if they fall,” said Diaz de la Portilla of drones. Drones are available for purchase by the public in a variety of different sizes and equipped with a range of different accessories and functions. If a drone is not handled properly, it could fly into power lines, tumble into a crowd of people, or very seriously injure a person and/or damage their property.Screen Shot 2016-01-30 at 1.03.59 PM

Diaz de la Portilla feels the state needs legislation that would reimburse victims of drone accidents for their expenses, should a drone cause notable damage to their person or their property. Senate Bill 642, proposed by Diaz de la Portilla, would hold the drone owner and operator responsible for the cost of the damage(s) if the drone were a major contributing factor in causing the damage.

The senator said no particular instance inspired his proposal, but that the widespread stories of damage and endangerment caused by drones pushed him to take action.

Should the legislation protecting victims from drone damages pass, it would build on other Florida laws that restrict drone usage, namely as a means of surveillance. [CLICK HERE]

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