FAQs Every Worker Should Be Able To Answer Every year, tens of thousands of individuals get injured on the job in Florida. And although Florida law requires most employers to provide workers’ compensation insurance, injured employees often don’t receive the compensation they deserve. In many cases, this stems from confusion surrounding Florida workers’ compensation laws and the process of filing a claim. Let’s explore some of the most common questions and answers concerning workers’ compensation in Florida. #1—Does My Employer Have To Provide Workers’ Compensation Insurance? In Florida, employer coverage requirements depend on the industry and the number of employees, and are laid out by the Bureau of Compliance in Florida: In the construction industry, employers who have one or more employees are required to provide workers’ compensation coverage. However, it’s not always clear which trades are considered to be in the “construction” industry, and this classification could have a big impact on whether you’re able to pursue a workers’ compensation claim. An experienced attorney can provide you with information specific to your situation so that you can move forward with confidence. In non-construction industries,…Read More
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
Critical Information to Know Moving Forward What exactly is personal injury law? How do you know whether you have a valid claim? And what does it take to actually pursue one? These are great questions, but they don’t always come with straightforward answers. All too often, people who deserve compensation for a personal injury never get it, simply because they feel overwhelmed by the process of filing a claim, and don’t have the energy to deal with it. This is just one reason it’s so important for people to have easy access to information about personal injury law in Florida. And it’s also why calling a personal injury lawyer should always be the first step. How Do You Define “Personal Injury”? A personal injury occurs anytime someone sustains a physical injury to their body. While a personal injury claim can involve property damage, a valid personal injury claim must involve physical injury to the body. When a personal injury case is pursued, the goal is to hold the at-fault party (the person whose actions or negligence caused the injury) responsible for the damages sustained by…Read More
Navigating A Boating Accident In Florida Sunny skies and myriad expansive, cooling waterways make Florida one of the most popular destinations in the country for recreational boating and water sports. But it’s also the site of the most boating accidents in the nation. In 2020 alone, there were 836 reported boating accidents in Florida. Unfortunately, nearly 80 of those accidents were fatal. The following are a few of the leading causes of boating accidents in Florida: High volume of vessels on the water at any one time. Just like a roadway, the more vehicles there are, the more likely a collision. Lack of sufficient boater education. Operator distraction. Operator intoxication by alcohol and/or drugs. Mechanical failure. Excessive speed. Unexpected strong winds and dangerous waters. If not deadly, a boating accident can result in serious injuries including broken bones, a fractured spinal cord, water inhalation leading to lung infection, and traumatic brain injury—all of which can have a lifelong impact on the health, earning potential, and lifestyle of the victim. Reporting A Boating Accident According to federal law, there are four circumstances under which reporting a…Read More
Five Mistakes To Avoid When Pursuing A Settlement More than one million people sustain injuries in a slip-and-fall accident every year in the U.S., and about 17,000 people die from those injuries. Unfortunately, many of these accidents are preventable, occurring only as the result of someone else’s negligence. In fact, slip-and-fall accidents are a leading cause of preventable injury-related deaths in the U.S.1 If you or someone you know has been injured in a slip-and-fall accident in Hallandale Beach, Florida, and if someone else may be responsible, you may have a valuable personal injury claim on your hands. To ensure your claim has the best chances of success—and therefore the ability to leave you or your loved one with the compensation that’s deserved—be sure to avoid these common mistakes: Failing To Report The Fall To The Owner Of The Premises – Whether the fall occurs in a grocery store, an apartment complex, on a friend’s private property, or anywhere else, notify the owner of the premises. If the owner cannot be located, be sure to report the fall to a supervisor or employee as soon…Read More
When someone files a personal injury claim in Florida, one of the first questions on their mind is this: how much is my case worth? Less common but more important is the question: what should I do (or not do) in order to increase the value of my case? As a personal injury plaintiff, there are three actions that are guaranteed to reduce the amount of damages you’re entitled to receive. Contribute To The Cause Of The Accident In Florida, the law of pure comparative negligence applies, which means that as a plaintiff, your role in the incident which caused your injuries will impact the amount of damages to which you’re entitled. In a pure comparative negligence system, you will be compensated for your damages only to the extent that you were not responsible for them. For example, if you are deemed to have been 60 percent at fault for the auto accident which left you with a broken leg, then the defendant would only be responsible for paying 40 percent of your damages—the percentage of fault attributed to them. Fail To Mitigate Your Damages One of the worst things you…Read More
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
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
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
Have You Suffered Due To A Collision With A Truck? Cars usually get the worst end of the bargain when involved in a crash with a truck. A loaded large truck takes up to 20-50% more road space to stop when compared to cars, and this percentage is even higher on wet or slippery roads. In addition, if the brakes of the truck are poorly maintained, things get even worse. Available statistics show that trucks, 18-wheelers, tractor-trailers and similar large vehicles cause auto accidents resulting in a very large number of fatalities and severe injuries. While the bigger vehicle offers more protection to its driver, an automobile driver has a much bigger chance of being severely injured or even killed in such accidents. If you or a loved one has sustained injuries in a truck accident, you might be eligible to recover your damages. An experienced truck accident attorney will sort out the exact nature of the crash, and who the responsible parties are. With over three decades of experience, the Truck Accidents Lawyers at Fenstersheib Law Group, P.A., have successfully helped many people get…Read More
