If you’ve been injured in South Florida as a result of someone else’s negligent behavior, the person or entity that caused your personal injuries is essentially liable for those injuries. Although persons who act negligently may not have purposefully intended to cause harm, their liability results from their careless or thoughtless actions – such actions viewed in comparison to the assumption of how a reasonable person would act if faced with the same or a similar set of circumstances. In order to render a fair verdict, once all evidence has been presented in an injury by negligence trial, either the judge or the jury decides how a reasonable person would have acted in that comparable incident, and how that hypothetical person’s behavior measures against the actions of the allegedly negligent individual. In the case of injuries suffered due to the negligence of individuals with specialized training or knowledge (such as physicians, pilots or engineers, for example), their reasonable standards of conduct are thus compared to how persons in the same fields or professions would normally act if faced with the same or similar set of…Read More
As Fall Season rolls around, motorcycle enthusiasts take to the roads in greater numbers to fully enjoy our beautiful Florida weather in the open air. If you are one of those enthusiasts, it is important to take all the necessary precautions to ride safely. According to reports from the National Highway Traffic Safety Administration (NHTSA), one out of every ten fatal motor vehicle accidents in the United States involves a collision with a motorcycle, with approximately 4,000 fatalities reported in motorcycle accidents every year. Wearing appropriate safety gear is the first logical step to reduce the risk of serious injuries while riding your motorcycle. A helmet is the most important piece of equipment to reduce the risks of death and traumatic brain injuries in case of accidents, but there are other additional pieces of gear that will help you be safer when riding. A good pair of gloves will allow you to grip the handlebar more efficiently, and also protect your fingers and hands in the event of an accident. Wearing a reinforced motorcycle jacket will not just make you look better while riding, but…Read More
The Fenstersheib Law Group, P.A. wish you a very happy and safe Labor Day. And we’d also like to remind you that, if you are driving anywhere, this holiday is typically one of the busiest – and most dangerous – travel weekends every year. Make sure you allow enough time for your trip so you can avoid excessive speed both coming and going. And also make sure you are well rested, and plan frequent stops along the way. Here are some additional – very simple, yet extremely logical – tips for safe travel from the American Red Cross: Take emergency supplies, such as food and water, a flashlight and a first aid kit. Let someone know your destination, your route and when you expect to arrive. Buckle up and obey traffic signs. Avoid texting and talking on the phone while driving. Don’t drink and drive. If you do get in an accident, call 1-800-TellRobert and tell Robert all about it. The experienced and dedicated attorneys at Fenstersheib Law Group, P.A. have successfully handled South Florida cases for over three decades with compassion, integrity and tenacity,…Read More
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
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 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
All practicing attorneys have been educated in a wide variety of law matters, but real legal expertise is attained only as a result of years of practice, combined with actual courtroom experience. At the Fenstersheib Law Group, P.A., we have over three decades of real, practical legal experience fighting for the rights of individuals in South Florida’s courts of law. First and foremost, the “Tell Robert” team is comprised of good listeners – you can truly tell Robert your deepest fears and concerns about your legal problems, the protection and wellbeing of your family, your loss, and your hope for justice. We feel our clients’ pain and, along with our expertise, we offer understanding and compassion. As your legal advocates, we will take the time to explain everything to you in language you can understand. We will protect you against big interests and insurance companies; as our client, you will always have the complete confidence you are not alone in your fight for justice – we firmly believe that each and every case we represent is truly a team effort, and with our team behind…Read More
While more stringent laws about vehicle safety and driver behavior have actually worked in reducing the number of fatalities in car crash incidents, the number of people killed in pedestrian accidents has increased. Pedestrians are many times at fault, quite often distracted by texting, talking on their cell phone or listening to music while walking. But while pedestrians have a great responsibility in staying attentive at all times, and following simple rules such as crossing the road only at the designated crosswalks, accidents still can occur. A combination of factors – including everything from motorist negligence and ignorance to poor road design that fails to fail to take into consideration pedestrian safety – often lead to serious or even fatal pedestrian accidents. Motorists, however, must also do their part to help keep pedestrians safe by following some simple rules, such as driving slowly through neighborhoods and showing extra caution when nearing an intersection. If you or a loved one has been injured in a pedestrian accident, the experienced Pedestrian Accident Attorneys at the Fenstersheib Law Group, P.A. will provide a free initial consultation to determine…Read More
