If you’ve been injured in South Florida as a result of someone else’s negligent behavior, the person or entity that caused your personal injuries is essentially liable for those injuries. Although persons who act negligently may not have purposefully intended to cause harm, their liability results from their careless or thoughtless actions – such actions viewed in comparison to the assumption of how a reasonable person would act if faced with the same or a similar set of circumstances. In order to render a fair verdict, once all evidence has been presented in an injury by negligence trial, either the judge or the jury decides how a reasonable person would have acted in that comparable incident, and how that hypothetical person’s behavior measures against the actions of the allegedly negligent individual. In the case of injuries suffered due to the negligence of individuals with specialized training or knowledge (such as physicians, pilots or engineers, for example), their reasonable standards of conduct are thus compared to how persons in the same fields or professions would normally act if faced with the same or similar set of…Read More

Always Wear Protective Gear When Riding A Motorcycle

As Fall Season rolls around, motorcycle enthusiasts take to the roads in greater numbers to fully enjoy our beautiful Florida weather in the open air. If you are one of those enthusiasts, it is important to take all the necessary precautions to ride safely. According to reports from the National Highway Traffic Safety Administration (NHTSA), one out of every ten fatal motor vehicle accidents in the United States involves a collision with a motorcycle, with approximately 4,000 fatalities reported in motorcycle accidents every year. Wearing appropriate safety gear is the first logical step to reduce the risk of serious injuries while riding your motorcycle. A helmet is the most important piece of equipment to reduce the risks of death and traumatic brain injuries in case of accidents, but there are other additional pieces of gear that will help you be safer when riding. A good pair of gloves will allow you to grip the handlebar more efficiently, and also protect your fingers and hands in the event of an accident. Wearing a reinforced motorcycle jacket will not just make you look better while riding, but…Read More

How Are Settlements Determined In Vehicular Accident Cases?

There are four major categories that determine the amount or extent of the compensation in deciding a personal injury claim resulting from a vehicular accident. The first is the amount of money spent on medical treatments, which will include all related expenses – such as medicines and drugs, professional fees and hospital bills. The second is damages to property – if a personal injury is the result of a vehicular accident, the compensation to be claimed will include the cost of repair of the car or vehicle. The third category, again dealing with car crashes, is the amount of money spent on car rentals while the automobile is being repaired. And the fourth (and perhaps most important) category is loss of income resulting from the injury suffered. The length of time missed from work will be a big factor in the computation of the lost income. In order to present a strong case in court, it is of upmost importance to keep all receipts, both for medical and repair expenses. If the vehicular accident resulted in a fatality, and negligence was involved, the legal concept…Read More

Enjoy Your Labor Day Celebration. . . And Stay Safe!

The Fenstersheib Law Group, P.A. wish you a very happy and safe Labor Day. And we’d also like to remind you that, if you are driving anywhere, this holiday is typically one of the busiest – and most dangerous – travel weekends every year. Make sure you allow enough time for your trip so you can avoid excessive speed both coming and going. And also make sure you are well rested, and plan frequent stops along the way. Here are some additional – very simple, yet extremely logical – tips for safe travel from the American Red Cross: Take emergency supplies, such as food and water, a flashlight and a first aid kit. Let someone know your destination, your route and when you expect to arrive. Buckle up and obey traffic signs. Avoid texting and talking on the phone while driving. Don’t drink and drive. If you do get in an accident, call 1-800-TellRobert and tell Robert all about it. The experienced and dedicated attorneys at Fenstersheib Law Group, P.A. have successfully handled South Florida cases for over three decades with compassion, integrity and tenacity,…Read More

How Do Contingency Fees Work?

Personal injury attorneys generally work on a contingency fee basis, which means that their fees get recovered only after they have managed to obtain a favorable settlement or verdict for their client. Contingency fee plans normally represent a percentage of the money that has been recovered in the case, and these plans are extremely beneficial for victims of personal injuries, because the lawyer gets paid only if he settles the claim favorably, or outright wins the case – otherwise, all legal expenses are borne by the attorney. The Florida Supreme Court establishes the pre-set percentage for law firms; contingency fees typically range between 33-1/3 and 40% (whether pre-suit or litigation) of the total compensation that has been awarded to the client. Before he takes on a case, a reputable personal injury attorney will always explain, fully and clearly, his specific contingency fee percentage to the client, and whether the fee is based on the net or gross amount of the compensation. If you or a loved one have suffered any type of personal injury, you may have legal recourses available, and the skilled and experienced…Read More

5 Things Every Car Accident Report Should Include

When you’re in a car accident, file an immediate report. Even if you’re not injured on the scene, physical side effects could appear later on. Your vehicle could also suffer “hidden” damages that show up days or weeks after the crash. Once the police arrive on the scene, provide enough detail to build a sufficient case, if and when you decide to take legal action. Here are five things every car accident report should include: 1. Witness Accounts Always collect the name and phone number of witnesses on the scene. If possible, use your cell phone to record their account of what happened. Even if you don’t think they saw anything important, collect their information. You have no idea what will be useful in a future legal action. For states that use comparative negligence (46 total), you can still seek damages, even if you are partially to blame, as long as you have less than 50% responsibility for the crash. 2. Thorough Incident Description Was the other driver driving too close to the curb when he turned the corner? Was he wearing a seatbelt? Was…Read More

The Fenstersheib Law Group, P.A. has received the 2016 AVVO Clients’ Choice Award. ☆☆☆☆☆ The Fenstersheib Law Group, P.A. has received nothing but positive accolades from clients on Avvo. Mr. Fenstersheib and his staff work hard to help provide legal representation and financial compensation for clients, who refer to the firm as helpful, kind and understanding. A recent Avvo user and Fenstersheib client had this to say about the practice, “The attorney assigned to my case fought hard to win my case, and kept me informed every step of the way. I hope I don’t need to use another lawyer in the future, but if I do I know who I’m going to call! Thank you Fenstersheib!” Avvo is a review website that provides detailed information on lawyers and legal issues to help make the process of choosing a legal provider easier. Avvo provides lawyer reviews from former clients, contact information and resumes, along with an official Avvo rating. The Avvo rating is non-biased and calculated from a formula based on the lawyer’s background and profile. Fenstersheib currently has a five-star (☆☆☆☆☆) rating based on…Read More

Have you been injured by a drunk driver?

If you or a loved one has been the victim of an automobile accident or personal injury as a result of someone driving under the influence of alcohol, there are four basic steps you must take to make sure you get the compensation you deserve for your pain and suffering. First and foremost, you should obtain a copy of the police report. This will provide relevant information about who was deemed at fault for the accident, the drunk driver’s blood alcohol content, and any other contributing factors that will prove the driver’s negligence in court. Second, visit a doctor as soon as possible, regardless how minor any injuries may appear – this will provide the necessary documentation to prove that your injuries are real, and a direct result of the accident. It is important to note that some injuries that may initially seem minor could prove more significant once a physician provides an examination. Third, report the accident to your insurance company with the utmost expediency. And fourth, understand and exercise your legal rights. If you believe that you or a loved one has been…Read More

Lessen Your Odds Of Being Involved In An Auto Accident In South Florida

Over 5 million auto accidents happen annually in American roads, resulting in injuries (many with permanent disabilities) to more than 3 million people, and over 40,000 fatalities. Unfortunately, car accidents will continue to happen as long as people continue to drive, but we can all use some common sense behavior to lessen the odds of being involved in a crash. First and foremost, understand that driving a vehicle requires you full, undivided attention, so you need really concentrate – playing with the radio or CD dials, talking on the phone or texting while driving can be recipes for disaster. Just as important, never drive under the influence of alcohol, and please be aware that as little as just one drink can affect your overall awareness and reaction time. If you feel sleepy or fatigued, no matter what time of day, avoid driving – and if you are already on the road, get to a safe place and rest as long as necessary. And finally, because even the best precautions can’t completely stop accidents from happening, make sure both you and your passengers wear your seatbelts…Read More

Have You Suffered Burn Injuries In An Accident In South Florida?

While residential fires are the most common cause of burn injuries in the United States, these injuries can also result from a variety of reasons, such as car, motorcycle, boat or airplane crashes, contact with electronic devices or unexpected hot substances, inadequate wiring and defective products, among many possibilities. Almost half a million people annually suffer the consequences of burn injuries in our nation, and these injuries often result in painful, debilitating conditions such as scarring and disfigurement, psychological trauma, long-term or temporary disabilities, and even death. When faced with burn injuries due to the fault of another person or party, such as negligence by another driver in a car crash, victims may be able to sue those responsible and obtain proper compensation for their pain and suffering, which may include economic hardships such as high medical bills, lost wages, mental anguish, trauma and psychological pain. If you or a loved one has been the victim of a burn injury in South Florida as a result of another party’s negligent behavior, the skilled and attorneys at the Fenstersheib Law Group, P.A. have over three decades…Read More

Accessibility Accessibility
× Accessibility Menu CTRL+U