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Personal Injury Protection: Reform and Important Info
With the Christmas holiday approaching, a steady trend of increased traffic on Tampa roads continues to grow. This trend over the holiday leads to an increased number of automobile accidents and a greater rate of drivers sustaining injuries on crowded Florida roads. In Florida, all drivers are required to carry auto insurance to cover the cost of damages that arise after an auto accident.
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.
In 2012, the Florida legislature passed into law PIP reform which takes effect on January 1, 2013. The new law now requires that injured persons seek medical treatment within fourteen (14) days of an accident or the injured party will be barred from using PIP coverage for valid accident related medical treatment. Additionally, the new PIP 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 bill insist that the reform will contribute to overall lower insurance premiums and provide much needed relief to Florida drivers.
Remember, it is always important to be aware of the changing laws regarding insurance coverage in order to effectively protect yourself in the event you sustain an accident related injury.
In an effort to reach out to our partners and clients, we have recently coordinated with Tampa General Hospital (TGH) to offer their over 6,500 employees discounted access to our legal services. We are proud to work in conjunction with TGH’s PerksCard Network, and look forward to providing quality legal service to all our clients.
If you or a loved one has 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!
Posted in Blog, Personal Injury
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Arrested over the holiday?
Over the Holidays, most people spend extra time celebrating with friends and family; but many times people get carried away in their celebrations over the holidays. An increase in arrests concentrated over the holidays usually occurs as people tend to behave irresponsibly during these festive times. Arrests for DUI, trespass, disorderly conduct, and various alcohol related offenses tend to increase over the holidays. It is important to be responsible over the holidays, but also to be aware of your rights in the event you are arrested.
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.
A detainment occurs when an officer stops and questions a person of interest, generally for a shorter period of time, and requires less than “probable cause” to make a detainment. An officer can detain anyone if they have a “reasonable suspicion” that the person committed or was involved in any criminal activity.
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!
Posted in Blog, Criminal Law
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Personal Injury: Auto Accidents Over the Holidays
With the Christmas holiday approaching, a steady trend of increased traffic on Tampa roads continues to grow. This trend over the holiday leads to an increased number of automobile accidents and a greater rate of drivers sustaining injuries on crowded Florida roads. In the event you are involved in an accident, it is important to know your rights.
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 has 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.
Posted in Blog, Personal Injury
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Probate and Simple Will
With Thanksgiving just passing and the Christmas Holiday quickly approaching, most Floridians are preparing to spend time with family and gather together to relive old memories and catch up on lost time. Many families are faced with the uncomfortable thought of spending their last Christmas with grandparents or ill family members. It is important for every family to consider the importance of planning ahead for their relatives passing and ensuring that last wishes and health care decisions are carefully memorialized in writing.
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 probate out of apprehension of thinking about their own death.
When a person dies without a will they are said to have died intestate. The State will then follow the intestacy guidelines governing how to distribute intestate assets to heirs based on bloodline and relation.
Realistically, executing a Will for the disposition of one’s assets is an important part of planning the future of your estate. It is always better to have your intentions memorialized in an executed Will 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 Will, Probate and Estate Planning Attorney, and determine what is best for you be it a Will or Trust instrument.
If you or a loved has concerns or questions about the future of your estate, call Blick Law Firm today. Schedule a free 15-minute consultation with attorney Michael Blickensderfer today at 813-931-0840.
Posted in Blog, Real Estate
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