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
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
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
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
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
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
