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Bankruptcy: Advantages and Alternatives

Posted on December 14, 2012 by Blick Law

With the Holidays quickly approaching, many people are becoming mindful of the expenses related to purchasing gifts for loved ones. It is important to remember, especially for those in financial hardship, to spend responsibly over the holidays; and those who are considering filing Bankruptcy it is even more important to be aware that debt accrued over the holidays may not be discharged through Bankruptcy.

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.

Bankruptcy advantages and alternatives to consider:

Elimination of Debt: The main advantage to filing for bankruptcy is the discharge of most debt. The discharge totally eliminates the obligation to pay many types of debt including your credit card debt, old medical bills, utilities bills, unsecured loans, pay day loans, and most other types of unsecured debt. ***Note: Certain types of debt cannot be avoided by filing for bankruptcy including Student Loans, Child Support and Alimony Payments, Court Fines, DUI judgments against the debtor, and debts incurred by Fraud.

Avoid Creditor Harassment: Once a debtor files for bankruptcy, there is an automatic stay on the collection of debt and most creditors must terminate their collection efforts immediately. The stay is an automatic court order that prohibits all sorts of collection attempts by creditors, and postpones most actions against the debtor, including repossessions, garnishments or attachments, utility shutoffs, foreclosures, and evictions.

Get a Fresh Start: You will be able to pay the things that are important to you, and begin rebuilding your credit in peace!

Alternatives to Consider: Bankruptcy is not the only method of dealing with insurmountable debt, and other methods may be more advantageous for your particular situation. Such alternatives may include an out-of-court settlement with creditors, reduction of payments to creditors, consolidation of debts, or payment of debts by sale of assets or borrowing on assets. However, the availability of these methods varies depending on the severity of your financial difficulties, and also requires cooperation from creditors.

If you are having trouble meeting your debt obligations, consult an experienced Tampa Bankruptcy attorney to discuss your options.

Call Blick Law Firm today at 813-931-0840. Make an appointment for a free 15 minute consultation with Michael Blickensderfer to see if Bankruptcy is right for you.

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Personal Injury Protection: Reform and Important Info

Posted on December 12, 2012 by Blick Law

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!

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Arrested over the holiday?

Posted on December 10, 2012 by Blick Law

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!

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Personal Injury: Auto Accidents Over the Holidays

Posted on December 6, 2012 by Blick Law

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.

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DUI and the Impact of Marijuana Laws

Posted on November 29, 2012 by Blick Law

With the recent legalization of marijuana in Colorado and Washington, the discussion is beginning on when this type of legislation will reach Florida. The enactment of this legislation has prompted universities in Colorado and Washington to issue bans on using, possessing, and cultivating the substance on campus; and the bans are supported by the fact that marijuana is still prohibited by federal laws.

This effect, however, begs the discussion of how marijuana legalization will impact the way states craft their own respective laws to address the potential abuse and misuse of the substance? In regard to DUI laws, it is important to know that under Florida State Statute 316.193, being under the influence pertains to both alcohol and drugs. Therefore, if you are under the influence of drugs and are in actual physical control of a vehicle, you can potentially be charged with a DUI. A common misconception is that the use of alcohol is the only factor involved in being charged and convicted of 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) or if they simply suspect that your normal faculties are impaired from the use of alcohol or drugs while operating a motor vehicle.

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 Tampa Criminal 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. Attorney, Michael Blickensderfer has 25 year’s legal experience and is licensed in Florida, New York and New Jersey. Blick Law Firm seeks to help the hurting and those in need. Think quick, call Blick!

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Burn Victims: Recovery for Pain and Suffering

Posted on November 27, 2012 by Blick Law

With winter quickly approaching and a steady drop in temperature, people seek warmth from a variety of sources including fire, warming blankets, space heaters and so forth. Unfortunately, many people each year become victims of fire and heat exposure as a result of seeking warmth in response to outside temperatures dropping.

Victims of fire or heat exposure 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 touching 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, including 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 their severity is understood and can result in substantial awards for damage.

If you or a loved has been injured in a fire or sustained burns as a result of a product malfunction, 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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