As we celebrated the 243rd Anniversary of our Declaration of Independence, I reflected on how proud I am to be both an American and a Lawyer. While we all laugh at the many jokes constantly directed at the legal profession (and some of them are funny), it is important on every 4th of July to remember that many of our country’s forefathers were lawyers. Indeed, of the initial ten Amendments to the United States Constitution, seven (Amendments 1,2,4,5-8) deal directly with legal right. Four of the five members of our first Continental Congress entrusted with developing the Declaration of Independence were lawyers – Roger Sherman, John Adams, Robert Livingston and Thomas Jefferson. Two of them, Adams and Jefferson, went on to become Presidents of our county. And James Madison, the “Father of the Constitution” and the “Bill of Rights” (and our fourth president as well) was also a lawyer. In fact, 25 of the nation’s 45 Presidents have been lawyers. So I am indeed honored to practice this great profession, and to have the ability to fight for people’s legal rights and those denied the due…Read More
When patients are issued prescriptions for new drugs, ever so often they may experience a reaction from the new medicine. That reaction is commonly known as a side effect. This happens often, and more disturbing than that is the fact that more than likely, many doctors have not been made aware of the possibility of such side effects by the pharmaceutical companies manufacturing the drugs. Indeed, studies have shown that many drug company representatives do not properly inform doctors about the possible side effects of the medications that they are distributing to the physicians’ offices. The lack of medical transparency is very alarming. The research, conducted via questionnaires to doctors in the United States, Canada, and France, reveals that company representatives not only failed to warn doctors about common side effects from the use of the new medications but also failed to warn them about possible contraindications. Moreover, they also neglected to identify the types of patients who should not use the drugs in question. The research indicates that this happened in more than half of the representatives’ visits, in spite of the fact that…Read More
The 2019 hurricane season is with us once again, and along with the typical preparations regarding proper shutters, availability of lanterns and batteries, and stockpiling of portable water and canned foods, it is important to make sure your home insurance is in proper order. While storm damage in Florida is covered by the standard homeowner’s insurance policy, not all damage is covered by it (damage caused by flooding is a perfect example), and most people do not know how to get the full amount they deserve after suffering hurricane losses. In many cases, you may even be eligible for recovery of lost wages due to hurricanes. While lost wages are not covered by your homeowner’s insurance policy, depending on where you work your employer might be required to pay you the lost wages. We cannot stress enough how important it is to consult a trusted legal advisor with your claim – many expenses are reimbursable that you might not be aware of, and you might be missing out on money you are entitled to. If you have any concerns about your hurricane insurance, please call…Read More
Memorial Day marks the beginning of summer. Families and friends gather together for a picnic or barbecue. However, it’s important to celebrate safely, alcohol has become very common at most occasions as a tool to celebrate. Thus please remember, blood alcohol level of 0.08% or more is the qualifier for drunk driving. Much smaller levels can still put people at an increased risk of accidents. Alcohol is a substance that reduces the function of the brain, impairing thinking, reasoning and muscle coordination. One-third of all traffic crash fatalities in the United States involve drunk driving and one person is killed every 51 minutes by a drunk driver on our Nation’s roadways. Remember that it is never okay to drink and drive, even if you’ve had one alcoholic beverage. Have a designated driver, call a taxi, a rideshare provider or plan to use public transportation to get home safely. DUI can set you back thousands of dollars in attorney fees, fines, court costs, lost time at work, higher insurance rates, repairs, and more. So do yourself – and those around you – a major favor: if…Read More
If you or a loved one has been the victim of an automobile accident or 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 are 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
If you or a loved one have suffered a personal injury in South Florida due to ignorance and carelessness of others, your choice of a Personal Injury Attorney may be the most important decision you can make to protect both yourself and your loved ones’ legal rights. How do you know you have found the right Personal Injury Attorney to handle your case? Whether you have been injured in a car accident or you are having complications after surgery or procedure, you need a lawyer who has extensive experience, knows the rules, is strong at negotiating and is able to put up a good fight with insurance companies. The Accident and Injury Lawyers of Fenstersheib Law Group, P.A., have been helping people for over three decades with compassion, integrity, and tenacity, to achieve positive results in the legal system. They will provide a free initial consultation to determine your legal options, and if you have a case, they will work on a contingency fee basis, advancing all the expenses and fees necessary to build your lawsuit. Any Personal Injury lawyers refusing to work on a…Read More
Personal ijury lawyers typically work on a contingency fee basis. This means that compensation for their legal services gets recovered only after they have managed to obtain a favorable settlement or verdict for their client. Normally, contingency fee plans are based on a percentage of the money that has been recovered in the case, and since the attorney is only entitled to receive payment in the event of a favorable outcome. These plans are extremely beneficial for victims of personal injuries or cases where money damages are expected, as all legal expenses to file the case are borne by the attorney. The Florida Supreme Court establishes the percentages for contingency fees in our State, and these fees typically range between 33.3% and 40% (whether pre-suit or litigation) of the total compensation that has been awarded to the client. It is very important to note that a reputable personal injury attorney will always explain, fully and clearly – before he takes on a case – his specific contingency fee percentage to the client, and whether the fee is based on the net or gross amount of the compensation.…Read More
The United States is one of the busiest countries in terms of road traffic with over 5 million auto accidents happening annually, 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 decrease the odds of being involved in a collision. First and foremost, understand that driving a vehicle requires your full, undivided attention. You really need to concentrate – playing with the radio or CD dials, talking on the phone or texting while driving can be a recipe 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 lastly, because even the best precautions can’t completely stop…Read More
National Highway Traffic Safety Administration (NHTSA) defines aggressive driving as “the operation of a motor vehicle in a manner which endangers or is likely to endanger persons or property.” It is equally dangerous for pedestrians, cyclists as well as a motorist. As reported by NHTSA, approximately one-third of motor vehicle accidents resulting in deaths are caused by road rage. Examples of aggressive driving are improper overtaking or passing, disregarding traffic control devices, excessive speeding, disobeying the traffic signals, abrupt change of lanes, not stopping for an ambulance or school bus, not slowing down at a school or pedestrian crossings and not keeping sufficient distance between the vehicle in front. South Florida’s population is on the rise and there are too many people trying to get somewhere too fast and someone else is in their way, thus drivers are zig-zagging between lanes, speeding or disobeying safe driving laws. We can all be safe on the roads if we avoid aggressive driving, share the road, do not speed and exercise caution. Road rage can be a frightening and perilous experience for any driver. If you or a…Read More
A bill that would let law enforcement pull over Florida drivers they see texting and driving is moving closer to becoming law. House Bill 107, filed by state Rep. Jackie Toledo, R-Tampa, was passed unanimously by the Transportation and Infrastructure Subcommittee. The bill will now go to the House Appropriations Committee. The new proposed bill would shift texting while driving from a “secondary” offense to a “primary” offense. The Senate proposal would begin with a public-awareness campaign, with warnings being handed out to violators from Oct. 1 through the end of the year, at which time citations would start to be issued. Click HERE to read more.Read More
