Frequently Asked Questions
Personal Injury
Should I hire an attorney for my personal injury claim?
Yes. Retaining an experienced personal injury lawyer will help you through the confusing legal and insurance environments, as well as the trial stage.
How much is my personal injury case worth?
The best personal injury attorneys in Florida can give you a realistic idea of how much your accident claim may be worth, considering the severity and permanence of your injuries, pain and suffering, lost wages, medical expenses, and other factors.
Can I afford an attorney?
Yes. The Fenderson Law Firm takes personal injury cases on a contingency fee basis. You pay no fees or expenses unless we settle or win your case. We only get paid if you do.
Do I have to pay a retainer fee?
No. We get paid from the case proceeds. This fee structure allows everyday citizens to get the expert legal representation they need to win against multimillion-dollar insurance companies and their powerful legal teams.
How long will my personal injury case take?
The best personal injury attorneys take a balanced approach. We handle claims as quickly as possible, but it often takes time for the full extent of your injuries and damages to become known. If we settle your case too early you could be left with extra damages and unpaid medical expenses.
Why does my insurance company have to pay if the accident wasn’t my fault?
Under the law, Florida is a “no-fault” state. Even if another person caused your accident, the best plan may be for us to file a claim for personal injury protection benefits (or PIP) under the no-fault insurance clause of your own insurance policy.
We may also file this type of claim if the driver of the other vehicle involved was uninsured or underinsured. As long as you paid your insurance premiums, we can make sure you receive the protection you are entitled to under the no-fault insurance laws.
DUI / DWI
What made the police officer believe I was driving drunk?
The National Highway Traffic Administration’s list of common symptoms of drunkenness help police officers determine whether a driver may be under the influence of alcohol or drugs:
- Turning abruptly, with a wide radius, or illegally
- Straddling the center line or tires on lane markers
- "Appearing to be drunk"
- Nearly striking object or vehicle
- Weaving, drifting or swerving
- Driving on other than designated highway
- Driving too slowly
- Stopping inappropriately or braking erratically
- Following too closely
- Driving into oncoming or crossing traffic
- Signaling inconsistently with driving actions
- Responding slowly to traffic signals
- Accelerating or decelerating rapidly
- Driving with headlights off at night
What should I expect if I am arrested for DUI / DWI?
Your driver’s license will be suspended immediately and you must appear in court. In the Jacksonville and Ocala areas, a DUI / DWI attorney can file for a DHSMV hearing to fight the suspension or potentially challenge the charges.
Can I refuse a Breathalyzer® test?
Most states have “implied consent laws,” meaning that a driver consents to alcohol testing when they get behind the wheel. Some states revoke a driver’s license, or impose fines or other penalties for refusing to take a breath test. Refusing could also be used against you in court, and could ultimately lead to a more severe penalty or sentence.
Are breath-test results always accurate?
Defendants are sometimes allowed to challenge test results (or the means by which the test was administered) in court. The laws vary from state to state. If the test results are deemed invalid, the court will decide your case based on the remaining evidence.
What are the risks if I continue to drive with a suspended or revoked license?
Choosing to drive on a suspended or revoked license would be a very costly mistake. If you are pulled over you will suffer serious consequences, such as the extension of existing penalties, fines, and jail time, and you could even lose your vehicle.
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