Insurance companies are mainly interested in protecting their own vested interests and bottom lines, and paying out any claim in full is detrimental to their profits. So when dealing with insurance companies, it is important to understand how they work, so you can get the settlement you deserve. Simply stated, insurers make money in part by denying you benefits, so the insurance adjustor is not necessarily your friend – his primary role is to keep the insurance company’s payment 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 a medical authorization. If you have been involved in an accident and feel that you are not being treated fairly by your insurance company, contact Fenstersheib Law Group, P.A., toll-free, at 1-800-TellRobert. We…Read More
Learning the Don’ts, So You Simply Don’t Do Them 1. Waiting To Call The Police. Under Florida law, you have an obligation to report any accident that involves property damage or bodily injury. The police report made by the responding officer(s) could prove vital to your claim, as it should establish the facts of the accident itself (e.g., location, date, time), the names and contact information of all parties involved, including witnesses, statements provided by the other parties and/or witnesses, the conditions at the scene of the accident, and the officer’s impression of what occurred and/or which party was at fault. 2. Apologizing To The Other Driver(S) Involved, Or Admitting Wrongdoing. A seemingly benign statement such as, “I’m so sorry, I didn’t see you,” can be used against you, as it could indicate fault on some level. The key is to limit what you say to the other parties involved, and to the authorities. This means that you should not make assumptions about what happened, or give a drawn-out story of what was happening in the moments before the accident. The more unnecessary information you…Read More
In a study conducted by researchers at the University of Alberta, Canada, found that motorists who talk on cell phones while driving made more driving errors compared to drivers who were not engaged in phone conversations. The study revealed that these motorists were found to be much more likely to make common driving errors, including improper lane changes, driving at excessive speeds and suddenly crossing center lines. The researchers found that, even if a person is using a hands-free cell phone, there’s still an increase in brain activity and a jump in cardiac rate. Even if the conversation was not emotional in nature, the study revealed that there were definitely changes in the person’s emotional reaction to the conversation, resulting in an increase in the number of driving errors made – almost all of the participants in the test groups made some sort of driving error as a result of the conversation. If you have been involved in an automobile accident as a result of someone else’s negligence, you may be entitled to money damages. Fenstersheib Law Group, P.A., has over three decades of experience…Read More
Having auto insurance isn’t a choice in Florida; it’s a requirement. Personal injury protection (PIP) in the amount of $10,000, as well as property damage liability (PDL) in the amount of $10,000 is required under Florida law. In addition to driver’s license suspension or revocation, a driver who is found without the proper amount of auto insurance could find themselves in criminal court. Despite all of this, one thing remains true: approximately 23 percent of Florida drivers are uninsured, according to the Insurance Research Council. This is the fifth highest percentage of uninsured drivers in the entire country. What does this mean for you? It means that your first priority should be to learn how to protect yourself in the event that you become the victim of an accident caused by an uninsured driver. Is The At-Fault Party Suable? An auto accident can completely derail your life, especially if you can’t find a way to obtain compensation for your lost wages, medical bills, property damage, and the pain and suffering you’ve endured as the result of someone else’s negligence. Under these circumstances, most people wonder…Read More
There are five major factors taken into account to determine the settlement amount in a personal injury claim resulting from a car crash. The first is the amount of money spent on medical treatments and related expenses, such as medicines and drugs, professional fees and hospital bills. The second is damages to property; if a personal injury is the result of a car crash, the compensation will include the cost of repair of the car or vehicle. The third category is the amount of money spent on car rentals while the vehicle is being repaired. And the fourth and perhaps most important factor is loss of income incurred as a result of the injuries suffered in the accident. Obviously, the length of time missed from work will be a big factor in the computation of the lost income. It is of the utmost importance, in order to present a strong case in court, to save all receipts related to the crash, both for medical and repair expenses. The last consideration is pain and suffering, and how the accident will affect your long-term quality of life.…Read More
Automobile accidents happen more frequently in Florida than anyone fully realizes – current statistics reveal that there’s a crash every 10 seconds, with close to 5 fatalities reported every hour as a result of those crashes. The National Highway Traffic Safety Administration (NHTSA) reports that speeding is not only a major contributing factor in vehicle accidents nationwide, but also results in a higher percentage of fatalities when crashes occur at higher than normal speeds. When other dangerous factors – such as fatigue, distracted driving, cellphone use, texting while driving and driving under the influence of alcohol or drugs – are combined with speeding, the results can prove devastating. According to NHTSA estimates, speed-related crashes cost Americans upwards of $40 billion each year. Please use common sense every time you get behind the wheel on South Florida’s roadways; plan wisely and take your time – it’s a much better proposition to arrive a little late than not to arrive at all. If you or a loved one has been involved in an automobile, truck or motorcycle accident in Florida due to the negligence of others, contact…Read More
Bicycle accidents can result in injuries, and these injuries can result in short- or long-term complications. Besides the common minor scrapes and bruising resulting from common spills, most serious injuries result from collisions with motor vehicles, which may include fractured or broken bones; internal injuries and bleeding; facial scarring and disfigurement; skull fractures and/or brain injuries (some resulting in coma, either temporary or permanent); spinal cord injuries (some resulting in temporary or permanent paralysis); temporary or permanent damage to limbs (even resulting in amputation); and even death. According to 2018 statistics from NHTSA (National Highway Traffic Safety Administration), there were 857 cyclist’s deaths on our national roads. 75% of the deaths occurred in urban areas, with children ages 5 to 14 being most at risk for death and injury from these accidents. Florida is among the states that has the highest rate of bicycle accident fatalities. If you or a loved one has been injured in a bicycle accident, call 1-800-TellRobert now, toll-free, to consult with the Bicycle Injury Department of Fenstersheib Law Group, P.A. We have over three decades of experience with bicycle injury…Read More
While “minor fender benders” in South Florida often result in negligible property damages, it is never safe to assume that such simple accidents always result in logical outcomes. “Fender bender” is a low-speed minor accident that can turnout exceptionally costly when all is said and done. Vehicle occupants, for instance, could have suffered injuries that were not immediately apparent at the time of the collision. And since 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 – it is highly recommended that, if you’ve been involved in any kind of auto accident, you take these immediate important steps: First, contact law enforcement to report the accident. With a report, the driver at fault will not be able to deny the accident never occurred. Second, take pictures to document any damage to your car. Third, visit a doctor as soon as possible, as a trained physician can detect physical damage that may not be immediately apparent. Very often, injuries occur days or weeks following the accident. And lastly, secure…Read More
According to a study conducted by Medicare’s Inspector General, the rate of medical errors resulting in injuries and death in skilled nursing facilities was much higher than that reported for hospitals. Skilled nursing facilities, which include certified nursing homes, typically provide follow-up treatment for patients after they have been discharged from acute care or postoperative care at a hospital and need to recover in an environment outside of the hospital. As reported by the study, medical errors at these establishments are not as widely reported as those that take place at hospitals. Red flags at these facilities are not always obvious. Errors that occurred during patient treatment – including everything from dispensation of the wrong medications to infections – resulted in damages both temporary and permanent, and more than half of the patients who were harmed had to be hospitalized at additional expense. The study also revealed that a majority of these errors were actually preventable. If you or a loved one has been victimized by nursing home errors or wrongdoing, please be aware that you have legal recourses available. At Fenstersheib Law Group, P.A.,…Read More
Surrounded by water, and home to thousands of lakes, rivers, and canals, boating is one of the most common recreational activities in Florida. It is meant to be a safe and fun way to enjoy Florida’s warm weather. Unfortunately, with so many boats traversing our waterways on a daily basis, accidents are bound to happen. According to Florida Fish and Wildlife Conservation Commission, Florida has the most boating accidents resulting in injuries and deaths. Boating accidents happen due to variety of causes, including operator’s carelessness, inattention or inexperience, machinery failure, excessive speed, and alcohol intoxication, which is the contributing factor in fatal boating accidents. If you or a loved one has been injured in an accident involving a boat or any other type of watercraft as a result of someone else’s carelessness or negligence, you need a knowledgeable and experienced legal team on your side. For more than three decades, the Boating Accident and Injury Lawyers of Fenstersheib Law Group, P.A., have been helping people injured throughout Florida. We stand by our long history of compassion, integrity, and tenacity in bringing justice for the injured.…Read More
