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Category Archives: Personal Injury
Ebola Epidemic| Business Legal Issues| Implications & Consequences
Guinea, December 2013 — A curious disease took hold in the heart of West Africa. The strange illness, which was previously documented, found a way to break through the isolation of small villages and make its way to the larger city of Sierra Leon. From there, the epidemic festered and spread it reaches far and wide to the world at large.
Ebola is a very deadly disease that has a mortality rate of 70%. The latest outbreak has infected more than all previous Ebola outbreaks combined and has killed a staggering amount of people including many healthcare workers treating Ebola patients.
Media coverage of the disease and the rampant, seemingly uncontrollable, spread of the disease induce fear and anxiety to the general American public. Some people have suggested drastic measures such as quarantining people who have recently traveled to West Africa for a discrete amount of time.
The seriousness of the situation has caused many people to question the risks and benefits of drastic action. Very recently, Reed Smith, a distinguished international law firm, formed a group dedicated to addressing the legal issues associated with the Ebola outbreak.
What are the legal implications of Ebola in regards to how businesses operate? Is it legal to quarantine people without their consent? Can businesses be held liable for the accidental spread of the disease? These are all questions that the recently formed group is trying to address.
The following scenarios below outline some major questions that are associated with the Ebola outbreak…
1. A shipping company that operates in West Africa ships major goods to the United States. A cargo crate has been infected with fluids from a West African worker unaware of being infected. The disease manages to survive the flight to the United States and infects a worker handling the crate. The worker goes home and infects his family, who, in turn, infects more people. Can the business be held liable for the incident?
2. A businessman recently traveled to West Africa to conduct some key transactions. Upon arrival to the United States, he is quarantined against his will for 2 weeks. He claims to feel completely fine and does not believe he is infected. After, 2 weeks he proves to be completely healthy. The quarantining prevented him from closing the transaction and the company is forced to take the loss.
3. Take the same scenario above but instead of being quarantined, the gentleman says he feels fine and is allowed to conduct his operations. A week later he goes to the hospital and is confirmed with having the disease. CDC is then forced to track his movements and notify anyone he came in contact with, that they could be infected.
These scenarios are obviously just hypotheticals, for the time being, but it’s good to address the issue. It is important to know how we will handle the situation, if we ever come across this dilemma.
What do you think about the above scenarios? Go to https://www.blicklawfirm.com and give us your thoughts and opinion regarding the Ebola outbreak. Should businesses be fined or penalized for the spread of Ebola?
References:
2. http://www.cnn.com/2014/04/11/health/ebola-fast-facts/
Posted in Behind The Scenes, Blog, Health, Media, Media Releases, Personal Injury
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Criminal Defense| Traffic Tickets| Blog
Written By: Louie Talacay
Its 5 p.m. and everyone is rushing to get home. Traffic is chaotic and you are at one of the busiest intersections in the Tampa Bay area. To make things worse, you are straggling behind a bus and side-by-side traffic prevents you from moving over to another lane. The bus stops to let out some passengers; again, you are forced to wait for the hordes of people exiting the public commuter. This time, however, you realize that you are in the middle of the road and have unintentionally gridlocked the intersection. You sit uneasy, waiting for the bus to start moving again and free you from your awkward disposition. Like showers that have been cued to rain, when someone says “things could be worse”, the intersection lights begin to phase between colors. First the green light changes to yellow and all too sudden yellow becomes red. From the background a bright light illuminates the scene like lightening striking. Say hello, because you are on candid camera.
The red light camera has been one of the most controversial pieces of equipment used by traffic enforcers. Despite a multitude of complaints and issues, advocators cite the incidence of reduced fatalities at major intersections where cameras have been incorporated and frequently appeal to people’s emotions. As a result, many people have been issued an unfair traffic ticket citations for being in an unfortunate circumstance.
Traffic citations can be extremely stressful. For people who are living paycheck to paycheck the fee for a ticket can be a huge setback forcing them to decide between paying the bills or the ticket. In addition to the initial ticket cost, people are forced to go to traffic school to avoid receiving penalties on their license which is another incurred cost depleting both time and money. Regardless of doing these things, the insurance company may still choose to raise their premium forcing them to suffer through the residual outcome of their messy situation.
Taking your traffic ticket to court could save you the hassle of going through these steps. Winning your case could mean no ticket payment, no traffic school, and no increased insurance premiums. Best of all, your traffic violations could be expunged from your records and there is no history of offenses.
Check out recent news on ABC Action News to find out more information on the subject
There is no guarantee that you will win your case. It is important to have a Criminal Defense lawyer who is aware of the minutiae of traffic law to guide you and give you the best advantage. Some cases allow you to plea for a settlement that reduces the costs and penalties associated with traffic tickets. These matters are best discussed with a traffic court attorney. To schedule a consultation with an attorney, in good-standing with the bar, Think quick, Call Blick!
Posted in Blick Buzz, Blog, Criminal Law, Personal Injury
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Personal Injury Cases| Match the Following Suits| PI Interactive Module
Written By: Louie Talacay
Accidents resulting in personal injury can be a traumatizing and stressful experience. Often times, the offender is reluctant to accept blame and immediate action and treatment may be delayed as a result. In times such as these, it is important to have an experienced and professional team to guide you through the process of handling your claim as a united front. The following is a list of common personal injury cases along with a few scenarios –can you match up the scenarios with their respective case type??
A. Automobile Accidents |B. Motorcycle Accidents | C. Slip and Falls| D. Premises Liability|E. Dog Bite| F. Marine & Boating Accidents| G. Wrongful Deaths| H. Medical Malpractice
__ Scenario A:
A car runs a red light on a turning lane and sidelines a motorcyclist turning right at the intersection. Fortunately for the motorcyclist, they are able to act quickly and bail from the motorcycle sustaining only a broken arm and some road rash, but their bike is wrecked in the ensuing crash. As is common, the motorcyclist does not carry insurance for his vehicle.
__ Scenario B:
The summer rain season is in full swing and every day after 4pm a downpour occurs. Heather, a mom, is picking up her daughter from gymnastics. The front lobby is slippery from previous persons walking in and out of the building and no sign is put in place to make people aware of the danger. Heather slips as she goes to the counter to sign her daughter out. The fall causes Heather to land on her tailbone and break her lower lumbar.
__Scenario C:
A pharmacist misreads the prescription drug Celebrex (used to treat arthritis) for Celexa an antidepressant. The antidepressant causes severe manic depression for the patient and three days after being prescribed the medication, the patient dies of an apparent suicide.
Scenario A is a Motorcycle claim. The uninsured motorcyclist may be able to recover for motorcycle damage and injuries sustained from the car that ran the red light.
Scenario B is a combination of a slip and fall as well as a premise liability case. The company may be held liable for not making persons aware of a slippery/wet floor.
Scenario C is also a combination of two types of PI cases. It is not only a wrongful death case but could be encapsulated within a medical malpractice case. The pharmacist that dispensed the wrong medication could be held culpable for the wrongful death.
Think you have a case? Go online and schedule a consultation with an attorney from our office today!
Posted in Blog, DUI, Motorcycle Tips and Tricks, Personal Injury
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Automobile and Motorcycle Safety
Each year, automobile and motorcycle accidents are a major cause of fatalities nationwide. As a result, it is important to employ all necessary safety measures available to avoid or reduce the risk of serious injury while operating an automobile or motorcycle.
Studies indicate that the use of a safety belt greatly reduces the chance of harm or serious injury when involved in an auto accident, especially when an automobile operator is thrown from the vehicle as a result of impact. In an effort to combat this risk and encourage the use of safety belts, Florida has mandatory safety belt requirements. In Florida:
- Seat belt laws apply to all cars, pickup trucks, and vans operated on Florida roads.
- All passengers in the front seat must wear a seat belt.
- All passengers under 18 must wear a seat belt.
Florida also has mandatory child restraint laws that hold drivers responsible for buckling up children. Specifically, Florida law requires that children 3 years old and younger must be secured in a federally approved child-restraint seat; and children 4 through 5 years old must be secured by either a federally approved child restraint seat or safety belt.
Motorcyclists have even more safety concerns as motorcycle accidents tend to involve more serious injuries and incur a higher rate of fatalities. Additionally, with the rising costs of health care, insurance companies have begun to include exclusion clauses to insurance policies that can deny coverage for risky behavior such as motorcycling. While Florida law does not require the use of motorcycle helmets, research conducted by the National Highway Traffic Safety Administration indicates that motorcyclists without a helmet are three times more likely to suffer brain injuries, and that helmets reduce the risk of death by nearly 30 percent when involved in a motorcycle accident.
If you or a loved have been injured in an accident and you have questions or concerns about your rights to recovery, call Blick Law Firm today at (888) 973-2776. Schedule a free 15-minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!
Posted in Blog, Motorcycle Tips and Tricks, Personal Injury
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Attorney Fees | Personal Injury Attorney
Here at Blick Law Firm we offer a wide range of personal injury services including the following:
- Automobile/Motorcycle Accidents
- Slip and Fall Injuries
- Premises Liability, Including Mold Exposure
- Products Liability
- Dog Bites
- Marine and Boating Accidents
- Wrongful Deaths
Injury Claim fees are on a contingency fee basis. This means the attorney fees are paid out at the end of a settlement. So in other words no fees to the attorney, unless your case prevails. In Florida, standard attorney contingency fee is 33.33% of the recovery.
In certain cases, a personal injury matter may be more complex and require litigation. In this instance, a lawsuit is filed and the case goes before the court and will ultimately be determined by a jury. The fee associated with cases that reach litigation is higher due to the complexity of legal services. In the state of Florida, the appropriate attorney fee in this instance is 40% of the recovery.
Whether the injury is caused from an auto accident, slip and fall, or exposure to a defective product you should seek a personal injury attorney to assist with your claim.
If you or a loved one have been in an auto accident and need legal advice, call Blick Law Firm today to schedule a free 15-minute consultation with attorney Michael Blickensderfer.
Posted in Blog, Criminal Law, Personal Injury
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Labor Day Weekend | Safety Tips | Car Accident Prevention
As the summer season winds down, it is important to plan and ensure that the end of summer vacation remains fun and safe. Take precautions and plan ahead this Labor Day Weekend to prevent an accident during your celebrating. If you are planning to hit the road, follow these guidelines to protect the safety of you and your loved ones.
To make sure that your trip is safe this weekend, here are some things to check on your vehicle:
Car Seat – If you will be traveling with small children, be sure that car seats and booster seats are installed properly. Make sure that children are strapped in well before departure.
Hoses – Check under your hood for tears in your hoses. If your vehicle is leaking fluid, it is crucial to have this repaired before you hit the road.
Lights – Make sure your turn signals, break lights, emergency lights, and headlights are in good working condition.
Tires – It is important that your tires are in good condition before hitting the road, and be sure to have a spare tire available should you need it. Check the air pressure and tread on all four of your tires, and be sure to check the spare as well.
Belts – If your belts are old and have cracks, get them replaced and secured before you head out.
Air condition – Temperatures get very high in the summer months, make sure that your AC is working properly before traveling.
Fluid Levels – Make sure that your fluid levels are full, and don’t forget to check your oil and have it changed if needed.
Have a mechanic inspect your vehicle to make sure that it is okay for travel. This is a great way to ensure a safe road trip for yourself and your family.
On the road for a long period of time? It is important to stay alert and focused to avoid an auto accident. Avoiding fatigue is critical to ensure a safe trip, and be sure to avoid distractions when driving.
Here are some ways to avoid fatigue and stay alert during your road trip:
- Bring snacks and plenty of water
- Stop for food as needed
- Take breaks
- Switch drivers
- Check in a hotel if driving overnight
Senior Attorney, Michael Blickensderfer has 26+ years’ legal experience, if you or a loved one have been involved in a car accident, call Blick Law Firm today for a free 15 minute consultation. Think quick, Call Blick!
Posted in Blog, DUI, Personal Injury
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