It’s a common source of confusion: how to distinguish between bodily injury and personal injury…and also why it matters. In a general context, the term ‘bodily injury’ is used to refer specifically to physical injury to the body, such as bruises, broken bones, burns, cuts, muscle tears, and dislocations. In contrast, the term ‘personal injury’ is used to refer to a broader range of damages that can result from any type of accident, such as emotional and mental trauma (in addition to bodily injury). Both personal injury and bodily injury lawsuits often involve property damage, but a property damage claim is not a component of either; it is a separate claim that can cover damages to both real property (e.g., fixed property, like a building) and personal property (e.g., vehicles, jewelry, clothing). A related source of confusion is the difference between personal injury protection (PIP), bodily injury coverage, and property damage liability. Bodily Injury Coverage — This type of insurance covers at-fault individuals against lawsuits brought by anyone who has suffered injuries caused by the at-fault individual. Bodily injury coverage will not cover the policyholder’s own…Read More

What Should You Look For In A Personal Injury Lawyer?

South Florida is literally overrun with lawyer ads, billboards, bus ads, and lawyer referral services, so finding the right personal injury lawyer in Miami-Dade, Broward or Palm Beach counties can prove daunting and confusing. If you or a loved one have suffered a personal injury due to the negligence of others, you need a lawyer with a practice concentration in personal injury claims who knows the rules, how to negotiate, and is able to put up a good fight with insurance adjusters. Since insurance companies are not easy to deal with, the best way to get the compensation you deserve for your pain and suffering is to hire an experienced South Florida personal injury lawyer. The dedicated attorneys at Fenstersheib Law Group, P.A., understand the devastating impact that personal injuries can have on you and your family. When medical bills are piling up, and insurance companies are not responding promptly, the stress can become unbearable. Our experienced lawyers have successfully handled thousands of accident claims and helped countless families recover their damages. Our personal injury lawyers will always take the time to review your case…Read More

Simple Guidelines To Keep In Mind In A Personal Injury Lawsuit

If you need to file a personal injury lawsuit in South Florida, there are a few basic steps to follow in order to help your claim progress as quickly and efficiently as possible. First and foremost, look after yourself and get the medical attention you need. But when all the confusion and stress pass, consult with a qualified, experienced Florida Personal Injury Attorney, and be sure to follow the legal advice. While friends and family certainly have your best interests in mind, following their advice about important legal matters is not usually a wise decision. Heed your lawyer’s directives – remember that your attorney is the expert. Let your attorney know immediately about any concerns or issues that you may not fully understand. You should keep a detailed set of records of everything related to or pertaining to the case, including any time missed from work and resulting lost earnings. Make your best effort to accurately document all expenses incurred on medical treatment, prescriptions, and any out of pocket expenses related to your injury – save all available receipts for any expenses related to the…Read More

Contingency Fees – Definition And Meaning

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

How Is Compensation For A Personal Injury Determined?

When someone has suffered personal injuries resulting from the negligence of others, the amount of compensation is largely determined by the nature and extent of the injuries. Most accidents yield only minor bumps and bruises, but severe accidents can have catastrophic consequences for the victim and their loved ones. Whatever the extent of the injuries, the actual amount of pain or physical discomfort that the injured party experiences is the most compelling factor in determining damages to be awarded. It’s important to note that injuries affect everyone differently, and the same type of injury that can result in minor surgery and prompt recovery in one individual can cause permanent disabilities in another. When severe injuries are incurred, the medical costs will be exponentially higher, and more lost income is to be expected due to time missed from work along with quality of life. Therefore, more economic damages would be awarded. Serious injuries are typically defined by various criteria, including the type of injury, need for and length of hospitalization, inability to resume employment and common daily activities, and length of recovery and rehabilitation. The mental…Read More

When personal injuries are the result of reckless or negligent behavior on someone else’s part – be they individuals, professional enterprises, medical concerns or product providers – the injured party is entitled to file a claim against the party at fault. Personal injuries are not limited to bodily damage, but may also include infliction of damage to the mind, resulting in emotional distress. Proving negligence on someone else’s part, however, is never an easy task in our complicated legal system. Legal representation by a skilled attorney is of utmost importance in personal injury cases.  If you or a loved one has suffered personal injuries in South Florida due to the recklessness or negligence of others, you may be entitled to monetary compensation. Contact the experienced Personal Injury Attorneys at the Law Offices of Robert J. Fenstersheib & Associates as soon as possible, toll-free, at 1-800-TellRobert. We have over three decades of experience in personal injury cases, and along with our extensive legal expertise, we also offer you understanding and compassion. We will evaluate your options free of charge and advise you of the necessary steps to secure…Read More

What Factors Determine The Damages Awarded In Personal Injury Cases?

When someone has suffered personal injuries as a result of the negligence of others, the amount of compensation awarded is largely determined by the nature and extent of the injuries suffered. While the majority of accidents yield only minor bumps and bruises, severe accidents can result in catastrophic consequences for the victims and their loved ones. Regardless of the actual extent of the injuries, the amount of pain or physical discomfort that the injured party experiences is the most compelling factor in determining the amount of damages to be awarded. It’s important to note that similar types of injuries do not affect everyone in the same manner, and while a particular injury can result in minor surgery and prompt recovery in one individual, the same sort of injury can cause permanent disabilities in another. When severe injuries are incurred, the medical costs will be exponentially higher, and higher amounts of lost income will result due to more extensive time missed from work. Therefore, larger economic damages are likely to be awarded for severe injuries. Severe injuries are typically defined by various criteria, including the specific…Read More

The Different Personal Injury Types And Causes

Personal injury is quite simply the label which is given to lawsuits involving a person whose negligence and misconduct caused an injury to another person – the person who is filing for the personal injury claim. Basically, that is the personal injury definition. The Most Common Causes Of Personal Injuries There are many personal injury causes, but the most common ones are: Motorcycle accidents Truck accidents Car accidents Construction site accidents Bicycle accidents Dog bites Accidents involving pedestrians or cyclists Slip and fall accidents and other common types Medical malpractice Another common cause of personal injuries is a defective product. By law, all products are required to be safe for usage by their consumers. When a manufacturer fails to comply with that, they can be held responsible for any pain and suffering caused to their product’s users. Injuries from drugs are also quite common. Drugs can be regarded as products as well, but a more specific type. Sometimes, even though a drug gets approved for safe usage, some of its side effects might have been overlooked which leads to people getting injured from using it. The…Read More

Have you ever suffered any injury due to an accident that was caused by a third party? When you do, you will have to know the different rights that are legally yours. However, you may not be able to learn the rules about the claims on personal injury settlements; you will need to consult with an experienced personal injury lawyer who had been exercising his craft in this field of the law. When considering the benefits from the claim, most people are in a tight spot in knowing how much the claim is really worth. Actually in the USA, there are not many restrictions in the claims provided this is adequately supported with proofs. The burden of proof rests on the experienced lawyer. In deciding the personal injury claim, there are four major categories that determine the amount or the extent of the compensation. Q: How much were your expenditures in medical and hospital bills? A: The first evidence will come from the receipts of your medical and hospital expenses. It is evident that when you sustained injury, there would be medical treatments to be…Read More

A premise liability relates to someone getting injured on someone’s property not due to their own negligence. The definition of a “premise” can vary: it could be a house, apartment, condo, parking lot, parking garage, place of business, playground or park. Whatever it is, it is a piece of property owned by someone else. This type of injury lawsuit can be very tricky, but can be won if you have quality attorneys like Robert Fenstersheib & Associates. The most important aspect of a personal injury lawsuit is proving that the property owner was negligible. If you can do this, you have a solid case. If you are hurt because someone else was negligent with their property, you deserve to be properly compensated. For more information on premise injury lawsuits, here are 3 common types: 1. Slip & Fall: The “slip and fall” lawsuit is the most common and frequent premises lawsuit. There is no doubt that everyone either knows someone who has had this type of personal injury or has read about this type of lawsuit. These types of lawsuits are consistently found on the…Read More

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