Auto Insurance Coverage When a Cyclist Is Hit in Florida (Video) In the video above, Stephanie Fenstersheib from Fenstersheib Law Group explains how auto insurance coverage can apply when a cyclist is hit by a vehicle in Florida. Many people assume that if they’re not behind the wheel, their car insurance won’t help them — but in Florida, that’s not always the case. Understanding which insurance applies after a bicycle accident can make all the difference in how quickly and fully you recover compensation for your injuries. Florida is a no-fault insurance state, meaning your Personal Injury Protection (PIP) coverage applies first — even if you were on a bicycle when the accident occurred. If you own a car and carry PIP, that coverage can help pay for your medical expenses and other immediate costs after a crash. But if you don’t have auto insurance, you may still be able to use the driver’s PIP coverage instead. Beyond PIP, additional compensation may be available through the at-fault driver’s Bodily Injury Liability (BIL) insurance — if they have it. This can help cover medical expenses, lost…Read More

How Fast Should I Contact a Lawyer After a Plantation Truck Accident?

How Fast Should I Contact a Lawyer After a Plantation Truck Accident? Being involved in a truck accident in Plantation, Florida can be a traumatic experience, leaving you feeling overwhelmed and uncertain about what to do next. One of the most critical steps you can take after such an incident is to contact a lawyer promptly. But how fast should you reach out? In this post, we'll explore the importance of timely legal assistance, outline concrete steps to take after the accident, and help you understand the types of evidence you should collect. The Importance of Timing After a truck accident, time is of the essence. Here’s why contacting a lawyer quickly is crucial: Preservation of Evidence: The longer you wait, the harder it becomes to gather evidence that supports your case. Insurance Deadlines: Insurance companies often have strict deadlines for filing claims. Delaying could jeopardize your ability to receive compensation. Legal Strategies: An experienced attorney can navigate the complexities of Florida’s laws and help you understand your options. Steps to Take After a Truck Accident 1. Ensure Safety First Before anything else, check yourself…Read More

Hit While Crossing Outside of the Crosswalk

https://youtu.be/CjERtt0gDgk In the attached video, David Fenstersheib of Fenstersheib Law Group explains that even if you were hit by a car while crossing outside of a crosswalk, you may still have a valid legal claim. Many pedestrians assume they’re automatically at fault in these situations — but Florida law says otherwise. Drivers don’t have a free pass to hit someone simply because that person wasn’t in a crosswalk. These cases often depend on the specific facts and how fault is shared between the pedestrian and the driver. As explained in the video, every case is unique and involves examining factors such as the distance to the nearest crosswalk, the traffic conditions, and whether the driver was paying attention. For instance, Fenstersheib Law Group is currently handling a case where a pedestrian was hit while crossing to reach a bus stop. The nearest crosswalk was nine blocks away in one direction and ten blocks in the other — making it unreasonable to expect the pedestrian to walk that far just to cross legally. Despite this, the driver tried to deny responsibility. Cases like these demonstrate how…Read More

Can I Recover for Emotional Distress After a Pembroke Pine Colorados Crash?

Can I Recover for Emotional Distress After a Pembroke Pines Car Crash? Car accidents can be traumatic experiences that leave lasting physical and emotional scars. If you or a loved one has been involved in a car crash in Pembroke Pines, Florida, you might be wondering about your options for recovery—not just for physical injuries, but also for emotional distress. Emotional distress can manifest in various ways, affecting your daily life, relationships, and mental well-being. Understanding your rights and the steps you can take is crucial for your recovery journey. Understanding Emotional Distress Claims Emotional distress refers to the psychological impact of an event, often resulting in anxiety, depression, or a feeling of helplessness. In Florida, you may be able to recover damages for emotional distress if you can demonstrate that the accident has caused significant emotional suffering. Here’s how you can navigate this complex area of personal injury law: 1. Assessing Your Emotional Distress Before pursuing a claim, evaluate the extent of your emotional distress. Common symptoms include: Persistent anxiety or panic attacks Depression or mood swings Sleep disturbances, such as insomnia Loss of…Read More

Understanding the Impact of Negligence in a Florida Accident Claim

https://youtu.be/VT-7A6jqq98 In the attached video, David Fenstersheib of Fenstersheib Law Group explains how recent changes to Florida’s negligence laws have made it much harder for injured victims to recover compensation after an accident. These updates—part of Florida’s new tort reform—tilt the scales in favor of insurance companies, making it critical for accident victims to understand how fault is determined and what it means for their claims. Under the old law, you could recover compensation even if the other driver was only 1% at fault. But under the new comparative negligence rule, you can only receive damages if the other party is more than 51% responsible for the accident. This means that if you’re found even slightly more at fault than the other driver, you could lose your right to any recovery at all. Insurance companies are already using this law to their advantage — arguing that victims share the majority of the blame, even when the facts tell a different story. As David explains, determining who was “more than 51% at fault” is often a complex process that may require taking the case to court…Read More

Insurance Company Decide What My Claim Is Worth

When you are involved in a car accident or slip and fall on another person’s property, you may decide to file a claim with the at-fault party’s insurance provider. If they approve the claim and make a settlement offer, the amount will be unique to your case. But how do insurance companies decide what a claim is worth? Learn more about the insurance claim valuation process below. Understanding common injury compensation calculations can help you make an informed settlement decision.  Claim Worth Determination Is Based on Economic and Non-Economic Damages Many insurance providers who pay personal injury claims account for the claimant’s economic and non-economic damages. Measuring one’s economic losses is often simpler. To do this, adjusters review official documents outlining all concrete expenses related to an accident, such as: Medical bills Property damage repair estimates Employment records showing missed work due to an injury Prescription receipts The sum of economic damages is just one factor in a settlement calculation. How do insurance companies decide what a claim is worth after having this information? To compensate someone for their pain and suffering, insurers may use…Read More

Motorcycle Accident Fault

The aftermath of a motorcycle accident can be overwhelming, and those injured may find it difficult to prove they were not at fault for the incident. Proving a total or partial lack of fault is essential in recovering fair compensation from a settlement, so injured parties should strongly consider working with a personal injury attorney to collect evidence and negotiate settlement offers appropriately.  Understanding Comparative Negligence  Florida is a comparative negligence state, which means that in a motorcycle accident, the compensation awarded depends on the degree of fault attributed to each party involved. For instance, if one driver is 30% at fault, they will receive 70% of the total value of their claim. To receive 100% of the value of a claim, the injured motorist must prove that the other driver or external circumstances were entirely at fault for the accident.  First Step: Hiring an Attorney  The best way to protect one’s rights after a personal injury is to hire a qualified legal representative. An attorney helps to ensure that the injured party is taken seriously and makes it easier to navigate the sometimes confusing…Read More

Florida Auto Accidents: Crash And Burn Your Doubts About Getting Fair Compensation

Don’t Leave Money on the Table: Have a Car Accident Lawyer Get It for You We’re in the business of being fair, meaning we won’t lie to you: hiring a car accident compensation lawyer after an accident isn’t always necessary. If someone taps your bumper in a parking lot or stop sign at low speed, you likely won’t have any injuries, and there will be minor or no damage to either vehicle. In these types of situations, reasonable parties often agree not to file a claim. If you have minor injuries, like a scrape or bruise, filing a claim may be more trouble than it’s worth. However, there’s a big caveat: car accident injuries can be insidious, hiding at first before progressively worsening over days, weeks, or even months. If you are unsure whether you’ve been injured more severely than it first appears, the wisest decision is to seek medical attention and contact a car accident lawyer. For any collision involving more than minor injuries and/or vehicle damage, a car accident compensation lawyer is your wallet’s best friend and, for most people, an invaluable source…Read More

More Money & Less Stress: Hiring A Florida Auto Accident Attorney Is Worth It

For tourists and locals alike, summertime in Florida usually means relishing the breathtaking beaches of Tampa, Fort Lauderdale, Jacksonville, and West Palm Beach, perusing eccentric boutiques and enjoying world-class dining in Sarasota and Hollywood, or catching vibrant festivals and events in Orlando, Miramar, and Hallandale Beach. Unfortunately, it can also mean a surge in auto accidents. In 2021, there were over 400,000 traffic crashes in Florida, an increase of more than 17% from 2020. And according to the U.S. Census Bureau, Florida’s population grew nearly 2% from July 2021 to July 2022, making it the state with the fastest-growing population. With a growing population and rising auto accident rates, spending time in Florida this summer could land you in the same place as hundreds of thousands of others: reeling from the aftermath of a serious auto accident. Here are the top 5 advantages of hiring an experienced Florida attorney to handle your auto accident personal injury claim: 1) Professional investigative skills that can make or break your case. Not sure who caused the accident? Certain who caused it but can’t prove it? Either way, if…Read More

Are Insurance Companies Really Working In Your Best Interests?

Insurance companies are mainly interested in protecting their own interests and bottom lines, and paying out any claim in full is detrimental to their bottom-line. So when dealing with insurance companies, it’s important to understand how they work, so you can get a significant settlement. Simply stated, insurers make money in part by denying benefits, so the insurance adjustor is not your friend – his primary role is to keep the insurance company’s payout as low as possible. He may try to discourage you from seeking medical treatment (especially from chiropractors), or he may tell you that rental car coverage is limited to a set number of days. In most cases, this is not true, and if you are not at fault, you are entitled to have all of your reasonable damages and expenses covered. You are also not required to give an adjustor a recorded statement or medical authorization. If you have been involved in an accident and feel that you are not being treated fairly by your insurance company, contact the Fenstersheib Law Group, P.A., toll-free, at 1-800-TellRobert. We have over three decades of experience in…Read More

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