Tag Archives: abogados en tampa

Florida Dog Bite Statute

Posted on February 7, 2013 by Blick Law

Dog owners and dog bite victims alike should be aware that Florida maintains a strict liability statute to protect victims of dog attacks. Under Florida Statute 767.04, the owner of a dog that bites another person will be held strictly liable for the damages caused if such person is on or in a public place, or lawfully on or in a private place, including the private property of the owner of the dog.

In Florida, the prior lack of viciousness of the dog is irrelevant, and a dog owner will still be held liable for damages including present and future medical bills, lost wages and future earnings, mental anguish, and destruction of property.

Though the amount of recovery available to the injured party will be reduced by whatever percentage of fault can be attributed to victim’s own actions, dog owners should be aware of their potential strict liability.

Under the Dog Bite Statute, Dog Owners can protect themselves from liability for attacks that occur on their private property. The statute allows for limited protection of dog owners who display in a prominent place, a sign that reads “Bad Dog”. This protection is not available, however, if the attack was caused by the owner’s own negligence or omission to prevent the attack.

Dog attacks can be devastating, the medical costs that follow can be extensive, and many times the dog owner isn’t even aware of the potential viciousness of their dog.

At Blick Law Firm we defend those victimized of such actions such as dog bites. If you are seeking a personal injury lawyer to pursue a claim regarding a recent attack; or if you are a dog owner and need information on how to protect yourself from liability for your dog’s actions call Blick Law Firm today at (813) 931-0840. Call to make an appointment for a free 15 minute consultation with attorney, Michael C. Blickensderfer. Think quick, call Blick!

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Drinking and Driving

Posted on February 5, 2013 by Blick Law

On a daily basis, Florida drivers receive DUI’s and face obvious and hidden consequences that can have a wide reaching personal impact. When a person is charged with a DUI, the consequences may include:

  • License Suspension
  • Drastic Insurance Increases; especially when required to obtain FR-44 insurance coverage
  • Complications with Employment; both present and future
  • Driving Restrictions that require additional costs such as an Interlock Device installed in your vehicle for a period of 6 months, 1 year, or even 2 years, depending on your situation
  • Probation
  • Legal Fees and Court Costs

These consequences contribute to a multitude of difficulties that one faces when battling a DUI charge. It is important to fully understand and appreciate the severity of possible consequences associated with DUI, and always take all possible steps to avoid Driving Under the Influence.

DUI, or Driving Under the Influence, generally refers to a person who has physical control of a vehicle while that person’s normal faculties are impaired by any type of drug, including alcohol, illicit drugs, and even prescription medication. Therefore, if you are under the influence of drugs other than alcohol and are in actual physical control of a vehicle, you can still potentially be charged with a DUI.

In Florida, a blood alcohol level of .08 or more constitutes alcohol impairment beyond the legal limit. However, a police officer may still arrest you for a lower blood alcohol concentration (BAC) if they suspect that your normal faculties are impaired while operating a motor vehicle. Having a BAC under a .08 will increase your chances of overcoming the DUI conviction, but you may still be arrested and endure several hassles that go along with combating a DUI charge.

Police officers will pull drivers over for a number of traffic offenses, even minor ones, and initiate immediate conversation to determine the potential impairment of the driver. To assess the physical signs of impairment, Police will be looking for the ability to maintain eye contact, slurred speech, the smell of alcohol on a driver’s breath, or bloodshot eyes.

Know that your behavior once you’re pulled over is being scrutinized immediately, especially when pulled over late in the evening or after leaving a bar. Therefore, being polite, answering questions respectfully, and not making legal arguments is in your best interest.

While it is your right to not answer any questions without a lawyer present, not doing so will certainly raise the officer’s suspicion and they will likely investigate further. It is wise to answer questions vaguely and avoid delving into specifics, including any amount of alcohol you have consumed, or that you just left a party, bar, or football game.

If the Police are suspicious, they will tell you to exit the vehicle, and you must. However, you may refuse to submit to any sobriety tests conducted. Even if you think you can pass the sobriety exercises, it is likely in your best interest to politely refuse because the officer determines whether you passed based solely on their own judgment. Know that you always have the right to contact an attorney before you submit to any test.

If you are charged with DUI, it is important to seek legal counsel immediately! Call Blick Law Firm today at 813-931-0840. Make an appointment for a free 15 minute consultation with attorney Michael Blickensderfer to determine what your options are moving forward.

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Protección contra lesiones Personales: Reforma e importante información

Posted on February 1, 2013 by Blick Law

Protección contra lesiones personales (PIP) es una cobertura obligatoria en pólizas de seguros de coche de Florida que cubre gastos médicos, pérdida de salarios y otros daños. El propósito original de cobertura PIP era para asegurarse de que nadie herido en un accidente de auto rápidamente reciba dinero para tratar sus heridas. En Florida, todos los conductores están obligados a obtener un mínimo de cobertura PIP de $10,000 para gastos médicos y salarios perdidos después de un accidente de auto.

Debido al rampante fraude y apropiación indebida de cobertura PIP en Florida, las compañías de seguros han presionado para aprobar la reforma de seguro de PIP para limitar los tipos de tratamiento disponible para las víctimas de choque que es cubierta por PIP y limitar la cantidad de cobertura a fin de evitar abusos y fraudes.

En 2012, la legislatura de la Florida paso a ley la reforma PIP que prohíbe el uso de dólares para pagar tratamientos de masaje o acupuntura PIP y limitara las ganancias para el tratamiento de emergencia no de lesiones relacionados con el accidente a $2,500.00. Una preocupación generalizada si sustentan una lesión como un latigazo cervical o hernia discal porque esas lesiones no se pueden calificar como una emergencia.

Sin embargo, los partidarios de la ley insisten en que la reforma contribuirá a las primas de seguros en general inferiores y proporcionar la necesaria ayuda a los conductores de la Florida.

Si usted o un ser querido uno ha sido víctima de un accidente de auto y tiene preguntas acerca de sus derechos, llame a Blick Law Firm al 813-931-0840 para programar una consulta gratis de 15 minutos con el abogado Michael Blickensderfer. Piensa rápido, llame a Blick!

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Chapter 7 Bankruptcy Tampa

Posted on February 1, 2013 by Blick Law

A Chapter 7 Bankruptcy filing is a useful way to discharge of most debt, and can relieve the burden of creditor collection attempts. Chapter 7 Bankruptcy is generally available when the debtor has little property aside from the basic necessities like furniture and clothing; and the debtor has difficulty making payments on basic expenses, or has very little money left after doing so. Today, many people utilize bankruptcy as a strategy for resolving unmanageable debt. Today, filing for Bankruptcy is more common than most people realize and can be a refreshing solution to a debt-ridden life.

Chapter 7 Bankruptcy is a liquidation proceeding whereby the debtor turns over all non-exempt property to the bankruptcy trustee who then converts it to cash to pay off the creditors. Usually within four months the debtor then receives a discharge of all dischargeable debts. Usually, these dischargeable debts include your credit card debt, old medical bills, utilities bills, unsecured loans, pay day loans, and most other types of unsecured debt.

The advantage to filing Chapter 7 Bankruptcy is that your unsecured debt is completely eliminated, the process is fairly quick, and the automatic stay that takes place after filing prohibits creditors from making collection efforts.

It is important to be aware that while Chapter 7 Bankruptcy may ultimately relieve a debtor of the burden of insurmountable unsecured debt, it is a process that requires the production of several documents and tedious preparation. The more prepared the debtor is, the more seamless the process becomes.

Bankruptcy is a complex area of law and involves many considerations, including whether to file, determining which type of Bankruptcy to file, the use of exemptions, understanding the protections of the Bankruptcy Code and using them to your advantage.

No matter what your situation is, obtaining quality legal consultation from an experienced bankruptcy attorney is beneficial. Contact Blick Law Firm today at (813) 931-0840. Schedule a free 15 minute consultation with attorney Michael Blickensderfer to assess what option is best for you. Think quick, call Blick!

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Real Estate: What is Title Insurance?

Posted on January 30, 2013 by Blick Law

Title insurance is a rarely understood protection necessary when purchasing a new home or property. Contrary to other forms of insurance that protect against future loss or damage, Title Insurance protects against past events that may cause loss or damage after the purchase of new property due to a failure or defect of the title.

When purchasing Title Insurance, the title company will conduct a search of public land records to discover potential matters affecting the title of the property. Common issues include: improperly prepared deeds, open mortgages, wills, probate proceedings, outstanding judgments or tax liens against the property or individuals, covenants and restrictions, and easements. After the records search, the buyer is then issued the Title Insurance.

While the records search conducted by the title company is generally exhaustive, many problems can still exist and affect the validity of the title. Disputes can still arise due to mistakes in the public record, previously undisclosed heirs claiming to own the property, and fraud…. These hidden hazards do exist, and Title Insurance will protect you against these potential problems and pay for any legal fees involved in defending a claim.

It is important to not only seek a title company for protection when purchasing a new home, but also making sure that the title company has an experienced and competent real estate attorney.

A real estate lawyer that handles and serves clients in title services is able to take legal action as needed to protect clients from any future problems that may arise. An attorney can properly analyze your housing situation to handle any issues, insuring you and your loved ones a secure real estate closing for your new home.

At Blick Law Firm we provide title insurance and escrow services to clients throughout the entire State of Florida. Call us today at 813-931-0840. Make an appointment for a free 15 minute consultation with attorney Michael Blickensderfer. Blick Law Firm seeks to help the hurting and those in need. Think quick, call Blick!

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Increase in Personal Injury Claims

Posted on January 29, 2013 by Blick Law

Over the past couple of years there has been an increasing trend in the number of personal injury claims. A personal injury claim arises when a party suffers an injury with lasting consequences as a result of the actions of another party. The recent rising trend of injury claims is attributable to various reasons.

One reason is that injury victims are finding it easier to file claims in a market that offers no fee for cases that result in no recovery. Legal fees associated with personal injury claims are paid on a contingency basis; as a result, the standard is that attorneys offer to represent injury victims with payment for services contingent upon a recovery settlement. While this type of arrangement may encourage injured claimants to file suit more readily, it is important to recognize that the recovery is tapered by the legitimacy and extent of the injury.

The rise in personal injury claims is also attributable to various products that were negligently released to the public, and have caused serious and even life threatening effects.

Media coverage and an overall heightened awareness of the availability of insurance compensation for injuries have also encouraged injury victims to pursue recovery for injuries sustained through the actions or negligence of another person or company. Furthermore, while auto accidents haven’t increased in frequency over the past couple of years, the number of claims arising out of auto accidents has risen likely due to the publicity of auto accident injury recovery; and the recent trend may also suggest that motorists are more likely to seek compensation for insurance coverage that they are mandated to pay, even for marginal injuries.

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. Schedule a free 15-minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!

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