General Blog

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. 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 two immediate important steps: First, visit a doctor as soon as possible, as a trained physician can detect physical damage that may not be immediately apparent. And second, secure the assistance of an experienced auto accident and personal injury attorney. It is the job of the Fenstersheib Law Group, P.A. to fight for your rights and ensure proper compensation for your pain and suffering. Should you or a loved one have unfortunately been injured in an auto accident in South Florida, it is vital that you contact our Injury Legal Team immediately so that…Read More

Personal injury 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 gets paid only in the event of a favorable outcome, these plans are extremely beneficial for victims of personal injuries, 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 33-1/3 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. If you or a loved one have suffered any…Read More

If you find yourself involved in a car crash in Florida, you should immediately report it to the police, even if no injuries are apparent, as a police report can assist the insurance companies in determining who was at fault. And if you’ve suffered injuries in the accident, you should seek immediate medical attention. But it is important to note that in many cases, injuries are not immediately apparent at the time of an accident, and the victim may not experience pain or discomfort resulting from the incident until long after the initial reports have been filed. Many people assume that if they did not report actual injuries when the accident took place, the right to file a claim has been lost. That is not the case. The experienced attorneys at the Fenstersheib Law Group, P.A. have successfully handled hundreds of South Florida vehicular accident cases over the past three decades. In the State of Florida, you generally have four years from the date of a crash to file a personal injury claim. If you or a loved one has been involved in such an…Read More

Almost half a million people suffer burn injuries annually in the United States, many resulting in painful, debilitating conditions such as disfigurement, psychological trauma, long-term or temporary disabilities and scarring, and even death. While residential fires are the most common cause of burn injuries, these injuries can also result from car, motorcycle, boat or airplane crashes, as well as from contact with electronic devices or unexpected hot substances. Sometimes, the accidents leading to burn injuries are the result of inadequate wiring and defective products, or in the case of vehicular accidents leading to fires, negligence on the part of the other driver. When faced with burn injuries due to the possible negligence of another person or party, victims may be able to sue those responsible and obtain proper financial 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 as a result of another party’s negligent behavior, the skilled attorneys at the Fenstersheib Law Group, P.A. have…Read More

By the time a manufacturer announces a recall on a potentially defective product, the warning may come too late for the consumers who already use that particular product. Due to the extreme importance of the public quickly becoming aware of potential product defects, dangers or safety issues, the federal government has established a website where consumers can check up on potential safety issues: SaferProducts.gov. Consumers can post product concerns directly to this website, and when a complaint about a specific product is listed there, the manufacturer of the product is given a period of time to respond. If the manufacturer does not address the complaint within a specified period of time, the complaint is posted online and made public. The U.S. Consumer Product Safety Commission (CPSC) is an independent federal regulatory agency formed in 1972 and charged with protecting the public from unreasonable risks of injury or death from thousands of consumer products under the agency’s jurisdiction. Not every complaint that is posted on the SaferProducts.gov website will prove that a product is dangerous or will cause injuries, but the website also allows consumers to…Read More

Each year, more than 5 million auto accidents happen in U.S. roads, injuring about 4 million people, many permanently, and resulting in more than 40,000 fatalities. In fact, car accidents are the leading cause of death for people under 30 years of age. Needless to say, some car accidents are inevitable, particularly if the other driver is clearly negligent. However, we can all use some common sense behavior to ensure that we are not the cause of the accident. First and foremost, never drive under the influence of alcohol, and please be aware that as little as one drink can affect your overall awareness and reaction time. Second, avoid driving if you’re feeling sleepy or fatigued. Third, really concentrate on driving – playing with the radio, talking on the phone or (perish the thought) texting while driving can be recipes for disaster. Finally, because in spite of the best precautions car accidents still do happen, make sure both you and your passengers wear your seatbelts at all times.  The Automobile Accident Attorneys at the Fenstersheib Law Group, P.A. have successfully handled thousands of South Florida…Read More

Sometimes, when patients are issued prescriptions for new drugs, they may suffer unexpected side effects. This happens often, and more disturbing than that is the fact that, more than likely, many doctors have not been made aware of the possibility of such side effects by the pharmaceutical companies manufacturing the drugs. Indeed, studies have shown that many drug company representatives do not properly inform doctors about the possible side effects of the medications that they are distributing to the physicians’ offices. The research, conducted via questionnaires to doctors in the United States, Canada and France, reveals that company representatives not only failed to warn doctors about common side effects from the use of the new medications, but also failed to warn them about possible contraindications. Moreover, they also neglected to identify the types of patients who should not use the drugs in question. The research indicates that this happened in more than half of the representatives’ visits, in spite of fact that the law in all 3 countries requires that drug company representatives inform doctors about not only the benefits, but also the potential risks…Read More

This multidistrict litigation (“MDL”) involves more than 3,000 personal injury cases brought against Defendants C. R. Bard, Inc. and Bard Peripheral Vascular, Inc. (collectively, “Bard”). Bard manufactures and markets medical devices, including inferior vena cava (“IVC”) filters. Each Plaintiff received a Bard IVC filter implant and claims that the filter is defective and has caused Plaintiff to suffer serious injury or death. Plaintiffs assert various state law claims and seek both compensatory and punitive damagesRead More

Common carriers (city buses, transportation vans, trains and taxicabs) are held to a high standard in the State of Florida, and expected to exercise the highest degree of care and diligence for the safety of their passengers. Passengers, however, often sustain personal injuries while riding on common carriers, for a variety of reasons. While some common carriers may try to limit their liability by using signs, posters, and releases, such signs will generally not allow the carrier to escape liability if its driver acts negligently. If you have been injured while riding on a bus, transportation van, train or taxicab in Dade, Broward or Palm Beach counties, here are some important points to remember: See your doctor as soon as possible if you have suffered any injuries. Retain copies of any documents (such as the boarding pass or receipt of ticket purchase) proving you purchased transportation on the carrier on the date of the accident. If possible, take pictures of the scene of the accident and the common carriers involved in the accident, as well as of any physically visible cuts, bruises, or scars you have…Read More