Tag Archives: accident attorney

Rise in Personal Injury Claims

Posted on November 12, 2012 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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Dog Bite Florida

Posted on November 2, 2012 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 a 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 the 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.

If you or a loved has been the victim of a dog attack and need legal representation; 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 @ (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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Seat Belt Safety Florida

Posted on October 30, 2012 by Blick Law

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 (813) 931-0840. Schedule a free 15-minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!

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Halloween Safety Tips

Posted on October 29, 2012 by Blick Law

The holiday season is quickly approaching, and while preparing to celebrate with close friends and family it is always important to take extra precaution to ensure your safety, and the safety of others. Halloween can be a particularly dangerous holiday, and many times injuries can be prevented by taking simple precautions.

Statistically, Halloween contributes annually to an increased rate of accidental injury, especially to pedestrians and children. In an effort to reduce the risk of potential injury, everyone should be aware of helpful Costume Safety tips, including:

  • Make sure your costume is visible at night by including bright clothing or reflective tape.
  • Ensure that masks do not obstruct breathing or impair vision; and that the Costume allows you or your child to move around freely.
  • Ensure that the costume material is fire resistant; in the event the costume comes in contact with fire, you can reduce the risk of severe burn injury
  • Avoid costumes that include sharp objects; and for children especially, avoid accessories that are easily swallowed.

Remember, reducing the risk of injury does not always prevent accidents from happening, but it is always better to employ precautionary safety measures.

If you or a loved one is injured during the holidays and you have questions or concerns regarding your rights, 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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Personal Injury Protection (PIP) Law Changes Florida

Posted on October 26, 2012 by Blick Law

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.

Due to rampant fraud and misappropriation of PIP coverage in Florida, insurance companies have lobbied to pass PIP insurance reform to limit the types of treatment available to crash victims covered by PIP, and limit the amount of coverage in order to avoid abuse and fraud.

In 2012, the Florida legislature passed into law PIP reform that 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.

If you or a loved one have 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! 813-931-0840.

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Florida Auto Accident Claims

Posted on October 17, 2012 by Blick Law

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 all further rights 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 auto accident 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 have 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. Think quick, call Blick!

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