Calculating Your Personal Injury Settlement

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One of the many benefits of consulting with a South Florida personal injury lawyer is that people pursuing personal injury claims are often unsure about how much money they should be asking for in the first place. You see, while there aren’t really many restrictions on how much you can sue someone for, there are numerous factors that will determine how much money you can actually receive when all is said and done.

You don’t want to make unreasonable demands, because requesting a ridiculously high personal injury settlement is generally frowned upon, makes your claim suspect, and certainly won’t win you any favor in the eyes of the court. It’s ultimately up to the jury to decide how much money you’ll be awarded, and it’s recommended that you do your research and choose a reasonable and realistic amount.

Calculating your settlement can be complex, and is best accomplished with the expert guidance of a personal injury lawyer who can more accurately provide a comprehensive calculation of loss. What you must remember is that the settlement the jury decides upon will be based on how much they think you’re owed for the injuries you sustained. This means that multiple factors will be taken into consideration. In addition to medical bills, you may have lost wages while you were unable to work due to your injury. If you were involved in a traffic accident, add in the amount of money you had to spend on repairs or a new car. A South Florida personal injury lawyer will know precisely what losses to seek compensation for, what constitutes a reasonable amount, as well as help you secure said compensation.

South Florida personal injury attorneys, Robert J. Fenstersheib and Associates deal exclusively in personal injury, motor vehicle accidents, product liability, defective drugs, and wrongful death claims throughout Florida. If you are in need of a South Florida personal injury lawyer, call 1-855-TELLROBERT or visit us on the web today @ http://www.tellrobert.com/ to discuss your specific circumstances with a highly qualified professional attorney, and let us help you get the compensation you deserve.

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Are Hands-Free Headsets Safe?

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South Florida auto accident lawyers tend to stay plenty busy, due in part to the unfortunate prevalence of auto accidents that can be attributed to negligence in one form or another. Some auto accidents happen by chance because human error is sometimes unavoidable. But as the years go by, it becomes clearer all the time that just as many accidents occur because of carelessness—and cell phone usage while driving is one of the most commonly cited examples. Yet there’s one pervasive myth that appears to have numerous legislatures fooled, and that’s the idea that as long as you’re using a hands-free device, you’re safe. Ask any South Florida auto accident lawyer whether he or she concurs, and almost without exception, their experience with auto accidents and their victims would say otherwise.

The notion that using a Bluetooth headset or similar device while driving your car could be dangerous is nearly incomprehensible to some people due to the widespread misconception that the only reason it’s dangerous to use your cell phone while driving is because you aren’t watching the road. However, this is only partially true. While it’s perfectly legal to use a hands-free cell phone headset behind the wheel in a number of states, studies indicate that it doesn’t really make much of a difference. Recent studies have shown that even while using a hands-free device, your chances of getting involved in an auto accident are still 1.3 times higher than they would be if you weren’t on the phone at all; the danger level here is roughly the same as when driving at the legal intoxication limit due to the overall slowdown effect on your reflexes. While it’s true that it’s somewhat less dangerous than taking your eyes off the road, but only by a very minuscule margin, the driving force behind accidents like these has to do with lack of mental focus.

Although the government doesn’t completely acknowledge how dangerous it can be to use a hands-free device on the road, the act of doing so can still hurt your case if you’re involved in an auto accident. If you’ve been injured due to the carelessness, recklessness, negligence, or distraction of another driver, allow an experienced South Florida auto accident lawyer to seek compensation on your behalf.

Miami personal injury attorneys, Robert J. Fenstersheib and Associates deal exclusively in personal injury and auto accident claims throughout Florida. If you are in need of a South Florida auto accident lawyer, call 1-855-TELLROBERT or visit us on the web today @ http://www.tellrobert.com/ to discuss your specific circumstances with a highly qualified professional attorney, and let us help you get the compensation you deserve.

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Qui Tam lawyers explain Qui tam, Whistleblower Cases

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The Firm of Fenstersheib and Berkowitz are Ft Lauderdale, Miami, West Palm Beach, Orlando,Tampa Whistleblower lawyers. If you are a whistleblower with a case contact us for a Qui tam case review.
What is Qui Tam

Qui tam another name for the federal False Claims Act that allows persons and entities with evidence of fraud against federal programs or contracts to sue the company or individual practitioner on behalf of the Government.The individual bringing th charges is called the relator.The relator is bringing the lawsuit on behalf of the United States. A Qui tam action is brought under the False Claims Act by a private individual ( relator ) on behalf of the Federal Government. The Government has the right to intervene and join this action, or the Government may decline intervention, in which case the private plaintiff may proceed on his own with the help of a Qui Tam lawyer. The qui tam provisions in the False Claims Act include strong incentives both to report fraud against the Government and to participate in the resulting litigation in terms of monetary compensation. Qui tam protects the taxpayer from fraud. Health care fraud or Medicare, Medicaid fraud is a big portion of Qui Tam litigations.

History of Qui Tam

The Federal False Claims Act, 31 U.S.C. §§ 3729-3733—sometimes referred to as “the whistleblower law”—was originally enacted in 1863 by President Abraham Lincoln. During thei era , many suppliers were defrauding the Union by selling army crates filled with sawdust instead of muskets, and selling it the same cavalry horses two and three times. The Government needed an incentive for private individuals to help combat fraud, and thus the False Claims Act was born. Over the years it has become a legal category of it’s own with experienced Qui Tam lawyers bringing casesas counsel for the “relator”

qui tam provisions were amended in 1943. These amendments abolished the guaranteed 50% share of the proceeds that the whistleblower was awarded under the 1863 act, and added many steps which prevented many cases from going forward. As a result, fraud against the Government increased.

In 1986, President Ronald Reagan signed into law new amendments to the False Claims Act which brought the Act back into the forefront preventing government fraud. These amendments have helped return billions of dollars to the treasury since 1986. This stronger False Claims Act has helped eliminate much fraud before it occurs.

Under the Act, successful whistleblowers are entitled to as much as 30% of the funds they help recover for the Government. In addition, whistleblowers are protected from retaliation for activity relating to the qui tam action. With the help of a Qui Tam lawyer the FCA suit becomes successful by counsel proving with a preponderance of the evidence that the defendant knowingly submitted a false claim for payment or approval to the Government. Citizens have taken responibilty in helping prove fraud saving the tax payer money.
What is a Qui tam Lawyer ?
A Qui tam lawyer brings a whistleblower claim on behalf of the person reporting fraud

To bring a qui tam action under the statute, an individual must have personal knowledge and evidence of fraud. Successful qui tam claimants will receive a portion of the monies the government recovers.

If you believe you have a government fraud case contact the law offices of Fenstersheib and Berkowitz today.

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Bayer Pays Out on Yaz Settlement, Yaz Lawyers Ready to File

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The Yaz Lawyers Fenstersheib and Berkowitz announce that the officials of Bayer, based in Leverkusen, Germany, agreed to pay an average of about $220,000 a case to resolve the claims that Birth control pills Yaz , Yasmin and others may cause serious and potentially life threatening injuries.

Yaz Side effects suffered by some women who take Yaz
blood clots
heart attack
stroke
pulmonary embolism
gall bladder disease
deep vein thrombosis

A growing number of Yaz lawsuits and Yasmin lawsuits have been filed throughout the country against pharmaceutical giant Bayer, alleging that women suffered serious and potentially life-threatening injuries after using Yaz for birth control.
Just a few days ago The FDA advisory panel voted to require dropsipirenone-containing birth control pills – including Yaz, Yasmin, and Ocella, to warn about increased risk of blood clots.
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Yasmin birth-control pills may cause serious and potentially life-threatening injuries.
Bayer Healthcare, manufacturer of Yaz and Yasmin, has agreed settle 70 Yaz and Yasmin lawsuits. This is a good sign for those who have filed claims against Bayer; however it is just a small dent in the more than 11,000 pending lawsuits filed by women who have suffered significant, and sometimes fatal, injuries.
Yaz Update New Warnings

On April 10, 2012 the FDA issued “Drug Information Update – Drug Safety Communication: Updated information about the risk of blood clots in women taking birth control pills containing drospirenone” Bayer and other contraceptive makers were ordered to strengthen the blood-clot warnings on their products.

If you’re like most people, you aren’t sure what to do regarding a problem with the drugs Yaz and Yasmin, and are probably asking questions like:

• Who will pay for my medical bills, lost wages, and pain and suffering?
• What money can I get right now to help me?
• What papers should I sign or not sign? Do I need an drug lawsuit lawyer?

It is important to know your legal rights. If you do not have an attorney to help you with your claim, the deck is stacked against you. The drug lawsuit attorneys at the Law Offices of Robert J. Fenstersheib and Associates, P.A. have been helping Florida residents with their legal concerns for over a decade. Let us put this experience to work for you.
convenient ways you can reach us:

Call toll free 1-855-TELLROBERT. Our phones are answered 24 hours a day, 7 days a week.

As you learn more about your legal rights, please remember that our law firm offers free legal consultations, without obligation, to determine if you may have a legal case. The drug lawsuit lawyers at our law firm will evaluate your claim free of charge and advise you on your legal rights to collect compensation – there is no obligation to use our services.

The experienced drug lawsuit attorneys at the Law Offices of Robert J. Fenstersheib and Associates, P.A. can help you with your Yaz drug lawsuit and Yasmin drug lawsuit related issues. In addition, our firm is highly experienced as well in accident cases, personal injury lawsuits, breast implant settlements, and slip-and-fall lawsuits.

The Yaz and Yasmin Lawsuit website is registered to the Law Offices of Robert J. Fenstersheib & Associates, P.A., who practice law in the state of Florida and offer the following services: Personal Injury, including Automobile Accidents, Premises Liability, Defective Products, and Medical Malpractice. The website is for information purposes only and additional information can be provided by request. If you have already retained the services of an attorney for your Yaz drug or Yasmin drug lawsuit, please contact that firm directly.

The Florida Lawsuit Attorneys at The Law Offices of Robert J. Fenstersheib and Associates, P.A. are investigating the birth control drugs Yasmin and Yaz, and the related the complications by these drugs manufactured by Bayer Healthcare Pharmaceuticals, regarding potential Yaz lawsuits and Yasmin lawsuits. Our firm is representing women who have fallen victims to this drug and its dangerous side effects, suffering serious injury – including cardiovascular complications, blood clots, stroke, and heart attacks, or death as a result of taking the drugs Yaz or Yasmin.

Bayer, the manufacturer, promises that these drugs will help with the “emotional” symptoms of women’s menstrual cycles. They promise that Yaz will treat the “headaches, anxious feelings, fatigue, bloating, increased appetite, muscle aches and mood changes” sometimes associated with women’s periods. In addition to preventing unwanted pregnancy, they have marketed Yaz as a treatment for acne as well.

Bayer, marketing mostly to young people, claims that Yaz is the final solution for symptoms experienced by women during their periods and to help with adolescent acne.

Yaz is a hormone contraceptive, which combine estrogen and progestin. Although Yaz and Yasmin differ in the amounts of estrogen they contain, most women would identify the difference by the cycle by which they are each taken. Yaz is taken on a 24/4 cycle and Yasmin is taken on a 21/7 cycle.

The Food and Drug Administration (FDA) has warned Bayer, who manufacture Yaz , since 2003 regarding the marketing of Yaz and their exaggeration of the drug’s treatment capabilities. Bayer has also been warned for failing to sufficiently warn women about the many potential complications from taking Yaz.

Over 50 reports of Yaz deaths were reported to the FDA between the first quarter of 2004 and the third quarter of 2008, according to some of the complaints. The deaths involved women as young as 17 and included cardiac arrests, pulmonary embolisms and strokes, with elevated levels of potassium in the blood frequently reported.

The number of state and federal Yaz drug law suits and Yasmin drug law suits has increased this year, following a third warning by the FDA that Bayer’s advertisements and marketing for the birth control pills are false and misleading.

This product has generated over a $1.2 billion in sales for Bayer and has become Bayer’s number one selling drug: Bayer

While downplaying the very significant complications of Yaz and Yasmin, it is clear that Bayer has aggressively promoted this drug while generating substantial profits. Bayer’s ads seem to exaggerate the benefits of these drugs and should have been more forthright in their portrayal of the benefits of these drugs and more realistic in the seriousness of the potential complications.

If you have been injured due to the use of Yaz or Yasmin, The Law Offices of Robert J. Fenstersheib and Associates, P.A. have the resources and skilled Yaz and Yasmin drug lawsuit attorneys capable of helping you pursue the justice and compensation you deserve in Yaz lawsuit and Yasmin lawsuit cases. If you have lost someone as the result of Yaz or Yasmin, The Law Offices of Robert J. Fenstersheib and Associates, P.A. are prepared to help you protect your rights and to assist you in trying to obtain justice for the loss of your loved ones.

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Can I Sue for Personal Injury on My Own Property?

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Slip-and-fall cases, work-related injuries, and other similar accidents are usually what come to mind when Miami residents hear about personal injuries. The concept is simple: If you get hurt on another person’s property due to unreasonably hazardous conditions, then you have a right to seek compensation for your injuries and losses. But what if the injury didn’t happen on someone else’s property? What if a personal injury took place in your own home? While the idea might sound like a conflict of interest, at best, there are certain circumstances in which it’s a perfectly legitimate possibility—the most common example being an injury stemming from a harmful product. A Miami personal injury lawyer can review the details of the incident and determine whether you have a valid claim.

You are within your rights to pursue a lawsuit against a company if you have been injured by one of their products. Every company is obligated by law to ensure that their items are safe for consumer use, and any and all potential dangers absolutely must be made clear on the packaging. For the most part, this isn’t an issue, because the vast majority of product manufacturers make sure to place clear warning labels on all their items to reduce their liability. However, there are cases where this doesn’t happen, and a person ends up sustaining injury because the risks weren’t made clear. Sometimes, incidents and injury occur due to defective products, as well.

If a product has caused you injury, the fact that the injury happened in your house doesn’t mean that the manufacturer is absolved of responsibility. Consult with a Miami personal injury lawyer to determine if your case her merit.

Ft Lauderdale personal injury attorneys, Robert J. Fenstersheib and Associates deal exclusively in personal injury including premise and product liability throughout Florida. If you are in need of a Miami personal injury lawyer, call 1-855-TELLROBERT or visit us on the web today @ http://www.tellrobert.com/ to discuss your specific circumstances with a highly qualified professional attorney, and let us help you get the compensation you deserve.

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Motorcycle Safety

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Motorcycle accidents are, unfortunately, fairly common in cities such as Miami and their surrounding suburbs. Having a motorcycle accident is inherently dangerous for numerous reasons, not least of which is that motorcycles offer little to no protection from injury in the event of a traffic accident, making any injury sustained in a collision much more likely to be serious or even fatal. It’s also more difficult for drivers to see a motorcycle, and often, they’re not accustomed to watching out for them. A Miami motorcycle accident lawyer is well aware of the common pitfalls and hazards motorcyclists face on the roads, and in the event of an accident, will know exactly what to watch out for in terms of establishing fault.

Motorcycle riders should always operate under the assumption that the other drivers on the roadways might not be able to see them. Keep a conservatively safe distance at all times, and be especially mindful of oncoming traffic. Ride at a safe pace, stick with traffic in which you have 100% confidence in your ability to hold your own among other drivers, and exercise extra caution at night when visibility is at its lowest.

Those motorcyclists who take sufficient safety measures will have the upper hand should a motorcycle accident occur and personal injury litigation become necessary. If you are ever injured in a collision with a negligent driver, then it’s recommended that you seek the guidance of a Miami motorcycle accident lawyer as soon as possible

Miami, ft Lauderdale , South Florida personal injury attorneys, Robert J. Fenstersheib and Associates deal exclusively in personal injury and motorcycle accident claims throughout Florida. If you are in need of a Miami motorcycle accident lawyer, call 1-855-TELLROBERT or visit us on the web today@ http://www.tellrobert.com/ to discuss your specific circumstances with a highly qualified professional attorney, and let us help you get the compensation you deserve.

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Being Prepared for a Personal Injury Case

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Are you a resident of Miami who’s considering hiring a personal injury lawyer to help you file a claim? If so, there are a couple things to take into account—not the least of which is whether or not you’ll have a significant chance of winning in court. Make no mistake; with the help of an experienced Miami injury lawyer, your chances of securing victory are substantially greater than if you choose to go it alone. However, you must also remember that the court takes personal injury claims very seriously, and you’ll have to present a substantial amount of evidence, often including expert testimony, in order to win.

Part of the reason that personal injury cases are so difficult to win is due to those people who attempt to file fraudulent personal injury claims. On many occasions, people have fabricated or exaggerated injuries in order to make a profit from the outcome of the case. The court is keenly aware of this abuse, and consequently, various measures are in place to ensure that personal injury claims are valid.

Having legitimate injuries does not mean that you should try to manage your personal injury claim without the expertise of an injury lawyer. The opposing side will have counsel and could invalidate your eligibility for compensation. You should also be aware that the amount you’ll be paid if you win the case will depend largely on how severe your injury is in the first place, as well as other losses that have come into play, and only an experienced Miami injury lawyer will be able to make such a compelling demonstration on your behalf.

Miami injury attorneys, Robert J. Fenstersheib and Associates deal exclusively in personal injury, motor vehicle accidents, and wrongful death claims throughout Florida. If you are in need of a Miami injury lawyer, call 1-855-TELLROBERT or visit us on the web today @ http://www.tellrobert.com/ to discuss your specific circumstances with a highly qualified professional attorney, and let us help you get the compensation you deserve.

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Compensation for a Burn

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Can a Hallandale injury attorney assist and advocate for those who have suffered serious burn injuries? As with any personal injury claim, it depends on the circumstances under which the burns occurred. The specifics and the severity of the injury will dictate whether a personal injury claim is merited. It’s ill-advised to file any personal injury claim if damages and losses aren’t fairly significant, as personal injury claims are usually reserved for serious injuries that have a substantial and lasting impact on one’s day-to-day life.

In the case of burns, the seriousness of the injury may vary by quite a large margin. Generally, first-degree burns, although painful, don’t leave any lasting damage and do not require long-term medical care, so filing a personal injury claim in the event of such a grievance might come across as frivolous, thus resulting in a waste of time and resources to pursue it. However, second- and third-degree burns tend to cause tremendous suffering, require a great deal of care and rehab, and leave lasting effects. If you have sustained such a burn injury, whether in the workplace, in a business establishment, or even on someone’s personal property, then you would be well within your rights to seek compensation for your injuries and associated losses.

As always, you should consult with a Hallandale injury attorney to determine whether your claim is sufficient to employ the resources required for litigation. In Hallandale, many law firms possess depth of expertise in particular kinds of injuries such as burns, so choose a lawyer who has a strong track with your type of case.

Hallandale personal injury attorneys, Robert J. Fenstersheib and Associates deal exclusively in personal injury and accident claims including burn injuries throughout Florida. If you are in need of a Hallandale injury attorney, call 1-855-TELLROBERT or visit us on the web today @ http://www.tellrobert.com/ to discuss your specific circumstances with a highly qualified professional attorney, and let us help you get the compensation you deserve.

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Truck Collision Cases

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Florida has very busy roadways, so it isn’t terribly surprising that auto and truck accidents are prevalent—which makes the widespread demand for Florida truck accident lawyers understandable. Auto and truck collisions happen for a variety of reasons, many of which involve reckless driving, and numerous lives in Florida and throughout the U.S. are lost each day due to such accidents. Law enforcement takes proactive measures to do everything they can to prevent these incidents from occurring, yet things have shown little to no sign of improving. There’s just still a long way to go before the roads can truly be deemed safe.

One fateful Tuesday morning in January 2010 illustrates the point, as the negligent behavior of a single truck driver resulted in an accident that left two others with serious injuries. According to numerous reports, 35-year-old Luis Navarro was driving southbound when he abruptly pulled into the path of an oncoming tractor trailer driven by 23-year-old Carlos Allois-Baños. There was no time to act; Mr. Allois-Baños tried desperately to move out of the way to avoid crashing, but his efforts proved fruitless as he slammed directly into Mr. Navarro’s truck. The situation was then worsened when a third vehicle—an 18-wheeler—collided with the other two, spilling its fuel tank onto the turnpike. Mr. Allois-Baños and his brother were both rushed to the hospital, while Mr. Navarro was charged with improper lane change.

Sadly, accidents just like this happen each day, and the victims aren’t always fortunate enough to make it out alive. If you’ve been injured or have suffered vehicle damage following a car or truck accident caused by a reckless driver, it’s important to seek a Florida truck accident lawyer right away to pursue the justice and the compensation you’re entitled to.

Florida personal injury attorneys, Robert J. Fenstersheib and Associates deal exclusively in personal injury and truck accident claims throughout Florida. If you are in need of a Florida truck accident lawyer, call 1-855-TELLROBERT or visit us on the web today @ http://www.tellrobert.com/ to discuss your specific circumstances with a highly qualified professional attorney, and let us help you get the compensation you deserve.

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Misconceptions About Whiplash

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Far too many people in Miami choose to walk away from a car accident without consulting with an accident lawyer. Sometimes, injured parties are reluctant to pursue legal means even when injuries sustained in a collision are substantial. In the case of whiplash, which is one of the most common car accident-related injuries, it’s often because the victims don’t think their injury is significant enough—at least not initially. Car accident lawyers in Miami are expert at making such determinations, and often offer free consultations to help provide a basis for making decisions with regard to what kind of case you may or may not have.

Whiplash is a prime example of why one should consult with a car accident lawyer. The effects of whiplash don’t always become apparent until sometime after the occurrence of the car accident. The exact amount of time that it takes for symptoms and pain to appear may vary by a significant margin; you could begin to feel the effects of whiplash within minutes after the accident, or you might feel perfectly fine and then have a sudden onset of pain several days later. However, if the injury doesn’t seem overtly severe, many people will hesitate to see a car accident lawyer because they assume their injury is too minor. Victims of whiplash, in particular, due to its sometimes insidious onset, often believe that it would be unreasonable to demand compensation if the car accident was relatively minor and the injuries seem minor, as well.

A delay in onset of symptoms in no way invalidates a personal injury claim. It should also be understood that even seemingly minor car accidents can leave victims in a state of debilitating pain. Because of this, it’s wise to cover all your bases by consulting qualified car accident lawyers in Miami even if you’re unsure as to whether or not you have a case. Car accident lawyers in Miami can steer you in the proper direction.

Car Accident Lawyers Miami – South Florida personal injury attorneys, Robert J. Fenstersheib and Associates deal exclusively in personal injury and car accident claims throughout Florida. If you are in need of car accident lawyers in Miami, call 1-855-TELLROBERT or visit us on the web today @ http://www.tellrobert.com/ to discuss your specific circumstances with a highly qualified professional attorney, and let us help you get the compensation you deserve.

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