Secure Proper Legal Representation Before Accepting Any Insurance Company Settlements

If you have suffered injuries as a result of another party’s negligent behavior, you may get a call from the other party’s insurance company offering a quick settlement. Don’t be rushed into a quick decision, as you may be entitled to a lot more compensation than what the insurance company could be offering. Once you accept the offer without the assistance of an experienced attorney, the settlement is effectively done, and your rights pertaining to the particular case are thereby terminated. If you or a loved one have been the victim of a personal injury, vehicular accident or slip and fall in South Florida, please be aware that insurance companies work diligently to minimize the damages, protecting their own best interests and bottom line. A skilled and qualified attorney will know how to collect all the pertinent information about your case – including your expenditures in medical and hospital bills, any property damages, car rentals if your automobile needs repairs, and lost income resulting from the accident – to ensure that you will get the maximum recovery for your suffering and losses. The Personal Injury…Read More

Deciding whether to take your personal injury case to court is never easy. However, it is always a good idea to arm yourself with the right information should you decide to take legal action. If you have been involved in a car accident and are experiencing back pain, the first step is to seek medical help. After that, here are some legal and medical realities you should be aware of: 1. Most Common Auto-Related Back Injuries The spine is divided into three primary sections: the cervical vertebrae, thoracic vertebrae and the lumbar vertebrae. Generally, the type of auto accident will impact the type of injury received. Thoracic Spine Injuries: These are often the most serious because they can result in permanent nerve damage. They are also generally caused by high-speed or high-velocity accidents. Lumbar Spine Injuries: The lumbar is the strongest section of vertebrae located on the lower back, between the chest and hips. Injuries to this area can result in limited movement, swelling and bruising. In serious cases, they prevent you from performing simple daily tasks. Any accident that impacts the lower back can…Read More

As cell phone usage grows in Florida, so do the amount of accidents caused by texting and driving. According to Florida Highway Safety and Motor Vehicles (FLHSMV), texting and driving is one of the most dangerous distracted driving behaviors and has contributed to over 3000 distracted driving accidents in Broward County alone last year. With over 400 texting citations issued since 2013, new laws have emerged to manage this issue and help keep you safe. In 2013, Florida Statute 316.305, Florida Ban on Texting While Driving Law, went into effect and gives police the right to issue distracted driving tickets as a secondary offense to people who are caught texting while driving. What’s more, the law also states that a person may not operate a motor vehicle while using communication methods including but not limited to: texting, emailing and instant messaging. The law and law enforcement agencies across the state of Florida are boosting their efforts to discipline distracted drivers, especially those caught texting and driving. You can sleep well knowing justice is on your side! Unfortunately, many are unaware of both this law and…Read More

Dangerous medical devices are medical devices that may do more harm than good. Instead of solving medical issues, these devices might actually make the issues worse and cause more problems. Dangerous medical devices often lack proper research and testing prior to being sold to the public. Rather than identifying and fixing defects during the testing stages, some defects aren’t discovered until they are already on the market. Hip implants, for example, may loosen or rub together after implantation and create dangerous debris in the body. These defects can cause joint pain, joint swelling and additional pain and suffering to the patient. The makers of these defective hip implants then recall the implants. Common dangerous devices include the following: Artificial hips, knee joins, spine discs, etc. Pain patches, blood glucose monitoring strips, and infusion pumps Pacemakers and automatic external defibrillators Breast implants, IUD’s and catheters Imaging and surgical devices Renal replacement systems and hernia repair systems Bone grafts, dental implants and surgical eye devices Fortunately, not all medical devices become dangerous. Most of the time, approved devices go on to help millions of people live better,…Read More

Is Your Legal Team Really Experienced?

All practicing attorneys have been educated in a wide variety of law matters, but real legal expertise is attained only as a result of years of practice, combined with actual courtroom experience. At the Fenstersheib Law Group, P.A., we have over three decades of real, practical legal experience fighting for the rights of individuals in South Florida’s courts of law. First and foremost, the “Tell Robert” team is comprised of good listeners – you can truly tell Robert your deepest fears and concerns about your legal problems, the protection and wellbeing of your family, your loss, and your hope for justice. We feel our clients’ pain and, along with our expertise, we offer understanding and compassion. As your legal advocates, we will take the time to explain everything to you in language you can understand. We will protect you against big interests and insurance companies; as our client, you will always have the complete confidence you are not alone in your fight for justice – we firmly believe that each and every case we represent is truly a team effort, and with our team behind…Read More

Pedestrian Accidents Can Happen To Anyone In South Florida

While more stringent laws about vehicle safety and driver behavior have actually worked in reducing the number of fatalities in car crash incidents, the number of people killed in pedestrian accidents has increased. Pedestrians are many times at fault, quite often distracted by texting, talking on their cell phone or listening to music while walking. But while pedestrians have a great responsibility in staying attentive at all times, and following simple rules such as crossing the road only at the designated crosswalks, accidents still can occur. A combination of factors – including everything from motorist negligence and ignorance to poor road design that fails to fail to take into consideration pedestrian safety – often lead to serious or even fatal pedestrian accidents. Motorists, however, must also do their part to help keep pedestrians safe by following some simple rules, such as driving slowly through neighborhoods and showing extra caution when nearing an intersection. If you or a loved one has been injured in a pedestrian accident, the experienced Pedestrian Accident Attorneys at the Fenstersheib Law Group, P.A. will provide a free initial consultation to determine…Read More

The term ‘Off-label’ refers to the use of drugs to treat diseases or medical conditions for which they are unintended. While off-label use may seem appealing for ailments with no known solution, it can potentially harm these users. According the FDA, drugs only receive approval after extensive scientific research. Before approval, a company must submit clinical information to the FDA for review. When the FDA approves a drug, it conducts a careful evaluation of the benefits and risks and uses strong scientific data to support the decision. The drug must prove its benefits outweigh potential risks before being deemed “safe.” The FDA also approves the label, which provides key information about what the drug treats, how to use it, information about risks and more. Off-label use may occur for various reasons. For instance, a medical professional may believe a drug can treat a certain disease or medical condition that currently does not have an approved treatment. Off-label use may also occur if a patient tried the approved treatments for their disease or medical condition but did not see any benefits or results. The FDA relies…Read More

Johnson & Johnson Denies Talcum Powders’ Possible Link To Ovarian Cancer

Pharmaceutical giant Johnson & Johnson is the subject of two class-action lawsuits filed in 2014, claiming the company is responsible for giving women ovarian cancer through the use of its talcum powder products, Johnson’s Baby Powder and Shower to Shower. The suits came one year after South Dakota resident Deane Berg, diagnosed with ovarian cancer in 2006, won her legal claim that the company was negligent in not warning users of the greater risk of developing that type of cancer. Earlier this year, a St. Louis jury awarded a $72 million verdict to the family of Jackie Fox, who passed away at the age of 62 after decades of using the products for daily genital dusting. In addition to those verdicts and more than 1,000 legal claims against the company, over 20 studies (some dating as far back as 1971) have also shown potential links between the ingredients used in both of Johnson & Johnson’s powder products and ovarian cancer. Yet, the company adamantly – and dangerously – continues to deny any link between the products in question and ovarian cancer, and has refused to…Read More

Are You Facing The Prospect Of Probate?

If you have suffered the loss of a family member, the word “probate” is probably among the myriad details that you are facing at this difficult time in your life. Simply stated, probate is the legal process ensuring the proper compilation of the decedent’s assets, notification of creditors, payment of liabilities, and distribution of the remaining assets to rightful heirs. While certain items, such as jointly held property and non-taxable gifts made not exceeding $11,000 during the deceased’s lifetime, are not subject to probate, probate largely applies in most cases. While many think that a decedent’s estate can only go through probate if there is no will in place, the estate may go through the process whether or not a will exists – if the estate is large enough and a valid plan is not in place for avoiding probate. The probate process typically encompasses numerous steps and can range from the simplest matters to protracted court battles involving significant amounts of time – from 6 to 18 months – and considerable money, but not all probate proceedings are alike. Florida probate law recognizes several…Read More

Is It Worth It To Secure Legal Help For A “Minor” Auto Accident?

Minor “fender benders” in South Florida often result in negligible property damages, but it is never safe to assume that simple accidents result in fair outcomes. Vehicle occupants in such accidents, for instance, could have been injured, but the injuries were not immediately apparent at the time of the collision. Insurance company adjusters are not necessarily agreeable with these premises, often offering inadequate compensation to individuals involved in car crashes dealing with lesser property damage. So it is highly recommended that, if you’ve been involved in an auto accident – no matter how small – you take two immediate important steps: First, visit a doctor as soon as possible, as a trained physician can detect physical damage that may not be immediately apparent; and second, secure the assistance of an experienced auto accident and personal injury attorney. It is the job of the Fenstersheib Law Group, P.A. to fight for your rights and ensure proper compensation for your pain and suffering. Should you or a loved one have unfortunately been injured in an auto accident in Miami-Dade, Broward or Palm Beach counties, it is vital…Read More

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