There is a wide range of misconceptions about personal injury settlements. Many victims are unsure what to expect, which can lead to disappointment and confusion. Unrealistic expectations about the settlement process and an inaccurate understanding of compensation often lead to frustration and doubt. Whether you suffered an injury in Sarasota or Hallandale Beach, uncovering the truth behind these myths can help you manage your expectations and create a smoother legal process. In this article, we’ll debunk some of the most common misconceptions surrounding personal injury settlements – helping you navigate your claim with clarity and confidence. Myth #1: All Personal Injury Claims Yield Large Settlements One of the most common myths is that all personal injury claims lead to large settlements. Many victims expect the simple act of filing a claim to result in a payout that covers all their expenses and more. In reality, the compensation process is far more complex. Personal injury settlements depend on a range of factors, such as the severity of the injury, the available insurance coverage, the negotiation process, and the clarity of liability. While some cases do result…Read More
The field of personal injury law is constantly changing. With new legislation being enacted regularly, it is crucial to be up-to-date on the latest developments to ensure your success. However, simply being informed is not always enough – you should also have access to the legal tools necessary to navigate the world of personal injury law effectively. How is this achieved? By working alongside a trusted professional who puts your best interests first… As of March 2023, Florida instituted tort reform that transformed foundational aspects of personal injury law. These changes affect the statute of limitations, damages calculation, and even how negligence is determined. Whether you are a seasoned lawyer or an injured individual, understanding these important updates is critical for approaching personal injury claims with confidence and precision. Here’s what you need to know about the recent changes to Florida’s personal injury laws… The Statute Of Limitations Has Been Shortened Among the most significant alterations to Florida’s personal injury law in 2023 was the shortening of the statute of limitations for general negligence claims. In previous years, victims had four years to file a…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
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
If you need to file a personal injury lawsuit in South Florida, there are a few basic steps to follow in order to help your claim progress as quickly and efficiently as possible. First and foremost, look after yourself and get the medical attention you need. But when all the confusion and stress pass, consult with a qualified, experienced Florida Personal Injury Attorney, and be sure to follow the legal advice. While friends and family certainly have your best interests in mind, following their advice about important legal matters is not usually a wise decision. Heed your lawyer’s directives – remember that your attorney is the expert. Let your attorney know immediately about any concerns or issues that you may not fully understand. You should keep a detailed set of records of everything related to or pertaining to the case, including any time missed from work and resulting lost earnings. Make your best effort to accurately document all expenses incurred on medical treatment, prescriptions, and any out of pocket expenses related to your injury – save all available receipts for any expenses related to the…Read More
Personal ijury 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 is only entitled to receive payment in the event of a favorable outcome. These plans are extremely beneficial for victims of personal injuries or cases where money damages are expected, 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 33.3% 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.…Read More
When someone has suffered personal injuries resulting from the negligence of others, the amount of compensation is largely determined by the nature and extent of the injuries. Most accidents yield only minor bumps and bruises, but severe accidents can have catastrophic consequences for the victim and their loved ones. Whatever the extent of the injuries, the actual amount of pain or physical discomfort that the injured party experiences is the most compelling factor in determining damages to be awarded. It’s important to note that injuries affect everyone differently, and the same type of injury that can result in minor surgery and prompt recovery in one individual can cause permanent disabilities in another. When severe injuries are incurred, the medical costs will be exponentially higher, and more lost income is to be expected due to time missed from work along with quality of life. Therefore, more economic damages would be awarded. Serious injuries are typically defined by various criteria, including the type of injury, need for and length of hospitalization, inability to resume employment and common daily activities, and length of recovery and rehabilitation. The mental…Read More
When personal injuries are the result of reckless or negligent behavior on someone else’s part – be they individuals, professional enterprises, medical concerns or product providers – the injured party is entitled to file a claim against the party at fault. Personal injuries are not limited to bodily damage, but may also include infliction of damage to the mind, resulting in emotional distress. Proving negligence on someone else’s part, however, is never an easy task in our complicated legal system. Legal representation by a skilled attorney is of utmost importance in personal injury cases. If you or a loved one has suffered personal injuries in South Florida due to the recklessness or negligence of others, you may be entitled to monetary compensation. Contact the experienced Personal Injury Attorneys at the Law Offices of Robert J. Fenstersheib & Associates as soon as possible, toll-free, at 1-800-TellRobert. We have over three decades of experience in personal injury cases, and along with our extensive legal expertise, we also offer you understanding and compassion. We will evaluate your options free of charge and advise you of the necessary steps to secure…Read More
When someone has suffered personal injuries as a result of the negligence of others, the amount of compensation awarded is largely determined by the nature and extent of the injuries suffered. While the majority of accidents yield only minor bumps and bruises, severe accidents can result in catastrophic consequences for the victims and their loved ones. Regardless of the actual extent of the injuries, the amount of pain or physical discomfort that the injured party experiences is the most compelling factor in determining the amount of damages to be awarded. It’s important to note that similar types of injuries do not affect everyone in the same manner, and while a particular injury can result in minor surgery and prompt recovery in one individual, the same sort of injury can cause permanent disabilities in another. When severe injuries are incurred, the medical costs will be exponentially higher, and higher amounts of lost income will result due to more extensive time missed from work. Therefore, larger economic damages are likely to be awarded for severe injuries. Severe injuries are typically defined by various criteria, including the specific…Read More
Personal injury is quite simply the label which is given to lawsuits involving a person whose negligence and misconduct caused an injury to another person – the person who is filing for the personal injury claim. Basically, that is the personal injury definition. The Most Common Causes Of Personal Injuries There are many personal injury causes, but the most common ones are: Motorcycle accidents Truck accidents Car accidents Construction site accidents Bicycle accidents Dog bites Accidents involving pedestrians or cyclists Slip and fall accidents and other common types Medical malpractice Another common cause of personal injuries is a defective product. By law, all products are required to be safe for usage by their consumers. When a manufacturer fails to comply with that, they can be held responsible for any pain and suffering caused to their product’s users. Injuries from drugs are also quite common. Drugs can be regarded as products as well, but a more specific type. Sometimes, even though a drug gets approved for safe usage, some of its side effects might have been overlooked which leads to people getting injured from using it. The…Read More
