Tag Archives: abogados tampa

Motor Vehicle Searches in Florida

Posted on September 5, 2012 by Blick Law

Traffic violations in Florida contribute to a large amount of police encounters; and many times these encounters lead to arrests for more serious violations after the driver’s car is searched. It is important to know about your rights and protections while driving, and to be aware of what actions police are legally allowed to employ.

Constitutional Rights protect drivers from illegal searches and seizures. However, police are allowed to conduct a search of a vehicle without a warrant under certain circumstances. These circumstances include:

  • Consent to Search: A driver’s consent for an officer to search the vehicle operates as a waiver of constitutional rights under the 4th amendment protection against illegal searches and seizures. Additionally, any incriminating evidence obtained from the search can be used against the driver.
  • Plain View Rule: A police officer is authorized to search a vehicle if within the officer’s plain view there is any illegal substance or contraband visible.
  • Exigent Circumstances: A police officer is allowed to search a vehicle if in their discretion they reasonably believe that an immediate search is necessary to prevent harm or serious damage, or they believe that evidence of a crime is in danger of being destroyed.
  • Probable Cause: A police officer is authorized to search a vehicle without a warrant if they have a sufficient reason justifying probable cause to believe that a crime has been committed.

If you have been arrested following a traffic stop and have questions regarding your rights, call Blick Law Firm today at (813) 931-0840 to schedule a free 15 minute appointment with attorney Michael Blickensderfer.

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Burn Victims: Recovery for Pain and Suffering

Posted on August 30, 2012 by Blick Law

Every year, innocent victims of fires incur life altering burns, pain, and disfigurement and are forced into a life of constant rehabilitation. The pain and suffering that results are an unfortunate and devastating aspect of the severity of injuries that can occur due to exposure to fire; and most times the burn victims themselves are not even at fault.

If another party is responsible for the fire, you are entitled to seek compensation for medical expenses, loss of income, and pain and suffering. Compensation for pain and suffering includes any pain, disfigurement, emotional distress, disability, and even embarrassment attributable to the burn injury sustained; and the recovery for these damages includes both present and future losses.

Cases involving burn victims vary in their severity, but ultimately are traumatizing no matter how severe; and the pain involved in treating these injuries is overwhelming. Many factors are considered when assessing the amount of recovery available to burn victims, beginning with liability, the severity of the burns, the amount of rehabilitation and treatment required, the extent of the disability incurred, disfigurement, and the extent of emotional distress. These factors are difficult to quantify in terms of recovery, but  can result in substantial awards for damage.

If you or a loved has been injured in a fire, call Blick Law Firm today at (813) 931-0840. Call today to schedule a free 15 minute consultation with attorney Michael Blickensderfer. Think quick, call Blick.

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Florida Hurricane Safety

Posted on August 28, 2012 by Blick Law

Weather conditions in Florida frequently cause safety concerns on the roadways, and it is important to be aware of potential dangers and take safety precautions to avoid them.

Inclement weather causes tricky road conditions like standing water or flooding. These road conditions often times conceal dangerous debris, tree branches, and even power lines that are not visible. Many drivers attempt to drive through flooded areas and risk encountering hazards to save time or to avoid an inconvenient detour; drivers should always consider the safety risks and take necessary precautions by avoiding flooded areas.

Many times, weather conditions cause traffic lights to become inoperative, creating confusion on the roadways that can lead to deadly collisions. When encountering a downed traffic light, every driver approaching the intersection should come to a complete stop and yield the right-of-way to any vehicle which has entered the intersection.

Be cautious, and consider that the roads are wet and cars are more prone to skidding and loss of control.

In the event Hurricane conditions cause the need to evacuate, have a plan ready, know where you will go, and research several alternate routes in the event of closed roads and severe traffic congestion.

If you or a loved one has been injured as a result of dangerous roadway conditions, call Blick Law Firm today at (813) 931-0840 to schedule a free 15 minute consultation with attorney Michael Blickensderfer.

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Florida Boating Laws

Posted on August 25, 2012 by Blick Law

The waters of Florida are both a national and international resource alike, and recreational boating on these waters contributes to the well-being of both residents and visitors. As a result, boating laws are in place to protect the safety, aesthetics, and future of Florida’s waterways.

Florida law enforcement officers and Florida Wildlife officials patrol the waterways daily to ensure safety and compliance with boating laws. It is important while boating to be aware of the laws regulating waterway use, and be informed of what your responsibilities are.

By law, all watercraft operators are responsible for operating their vessel in a reasonable and prudent manner with regard for other vessel traffic, posted restrictions, the presence of a divers-down flag, and other circumstances so as not to endanger people or property. Non-compliance with the safety rules of the waterways can result in both non-criminal and criminal violations.

In Florida, laws against boating while impaired by alcohol or other drugs are as strict as those for driving a vehicle while impaired. Florida law prohibits anyone from boating under the influence (BUI). That is, it is illegal to operate any vessel or to manipulate any water skis, sailboard, or similar device while intoxicated due to alcohol or any combination of alcohol, a controlled substance, or drugs.

If you have been stopped while boating and need legal advice, call Blick Law Firm today. Schedule a free 15-minute appointment with attorney Michael Blickensderfer. Think quick, call Blick.

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Back to School: Bullying and Child Safety

Posted on August 21, 2012 by Blick Law

For many children, returning to school is an exciting time to reunite with old friends, meet new ones, and begin a fresh start in a new school year. However, for some children, school has become a place they have learned to despise because of exclusion and teenage bullying. In recent years, bullying has become a growing concern for parents and school officials alike.

The growing problem has gained visibility through horrible stories of verbal, physical, and even sexual abuse that has been taking place in schools all across the United States.

In response, Congress has sought to enact the Safe Schools Improvement Act to implement anti-bullying measures which would require U.S. schools to report bullying and to provide intervention and prevention programs. The U.S. Department of Education has also issued guidance to schools, colleges, and universities, making it clear that schools have not just a moral responsibility, but a legal responsibility, to protect all students from harassment and bullying.

The Department of Education has also launched the website StopBullying.gov to provide information to school officials, parents, and children on what is being done to prevent bullying, and what to do in the event your child becomes a victim.

If you need advice, or are concerned about abuse at your child’s school, call Blick Law Firm today at (813) 931-0840 and schedule a free 15 minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!

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Secured vs. Unsecured Loans

Posted on August 20, 2012 by Blick Law

Many people, when going through Bankruptcy, have common questions about the different terms encountered while going through the Bankruptcy process. Understanding the difference between Unsecured and Secured Debt can be confusing, and it is important to be well informed when considering whether or not to file for Bankruptcy.

Secured Debt is debt that has a security interest or collateral tied to the agreement, whereby creditors can repossess or foreclose on the collateral if the debtor fails to pay back the loan. Common examples of Secured Debt are home mortgages or car loans; in the event the debtor cannot pay the amount owed, the loan is secured by the ability of the creditor to repossess the home or the car.

On the other hand, unsecured debt is debt that has no collateral attached to the agreement. Instead, unsecured creditors generally rely on your credit score and issue credit based on good faith that you will repay the amount loaned. Common examples of unsecured debt are credit card bills, medical bills, and utilities bills.

Upon filing for Bankruptcy, most Unsecured Debt is discharged with the exception of Student Loans, Child Support and Alimony Payments, Court Fines, DUI judgments against the debtor, and debts incurred by Fraud. The discharge of unsecured debt is a primary benefit of filing for Bankruptcy, and comes along with an Automatic Stay against creditors pursuing their collection efforts.

Understand that filing for Bankruptcy is a complex process with important benefits, consequences, and alternatives to consider. In the event you are considering Bankruptcy, call Blick Law Firm today for help at (813) 931-0840. Schedule a free 15 minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!

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