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W Marc Hardesty
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W Hardesty’s Answers

43 total


  • My daughter is suppose to receive Social Security, Child Tax Benefits US but her Father is withholding. What do I do?

    Child is 15yrs, duel citizen. Father American, Mother Canadian, currently in a nasty divorce. Father does not pay child support, is retired, holds most of the family assets, and has all of the liquid assets. Mom works but cannot meet legal repre...

    W’s Answer

    I agree with the other attorneys. You absolutely need to consult an attorney and it would be best if you found an attorney that handles both Social Security and Family Law.

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  • Alj asked me no medical information...asked ve alot of hypotheticals

    Lawyer asked ve will i be able to perform 11-25 percent ve said no...What does this mean

    W’s Answer

    You need to discuss this with your attorney. Hopefully you had one with you at the hearing!

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  • How can I report someone for gambling their disability checks and child support checks without proof?

    I know a person who is gambling their disability checks and the child support checks they receive from their ex-spouse, which is obviously unlawful.. I don't know if laws differ per state, but said person lived in Oklahoma, however now resides in ...

    W’s Answer

    Don't get yourself involved in a "bad reality show." If you do not have actual proof your results will be like spitting in a fan. Usually behavior such as this has a way of taking care of itself

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  • Daughter was in a car accident she is now being sued she has her own insurance but I am on her title can I be sued also

    The insurance company offered $11,000 but the other party refused and said they wanted $50,000 to settle. When the insurance company refused that is when the other party sued claiming stress and she has lost the affection of her husband and couldn...

    W’s Answer

    Well the answer is: Certainly they can sue but the real question is: Can they recover damages? The best option seems to be writing your insurance company a certified letter directing them to settle the claim for the policy limits which I am assuming is 50K. By writing that letter you go a long way in protecting yourself personally from an excess verdict should that occur. If the insurance does not tender the policy limits they may be on the hook for any amount in excess of the policy limits. Certainly there are often injuries that manifest themselves in the hours and days after an accident so that concept in certainly not unusual. If your insurance company is doing their job they are searching their data base for previous injuries and accidents that the plaintiff sustained. They should also be aggressively conducting discovery to determine if there are any pre existing medical conditions that would impact the claim.

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  • Do I have a lawsuit?

    I was diagnosed with knee cartilage injury at an er and sent on my merry way. I requested an xray and mri but he said it wasn't necessary. I seen my primary and he requested and mri and it was discovered that i have fracture of they tibial plate...

    W’s Answer

    In the state of Florida there are significant limitations on damages for medical malpractice in an emergency room. The cost / benefit regarding a suit against an emergency physician may not be worthwhile.

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  • I need some good advise about an on the job injury, Please!

    I had a previous surgery on my back in Dec 2011. I did not file for WC . I had 2 ruptured discs. After returning to work, with no restrictions, about 2 months later,I reinjured my back at work , they denied my claim stating it was due to previous ...

    W’s Answer

    Undoubtedly you should contact an experienced attorney immediately. The fact that you did not report the 2011 injury as a comp injury complicates your situation significantly. The insurance company will use a pre existing injury defense. I agree that the best approach would probably be a aggregation of a pre existing injury and that the work activity was the major contributing cause of that aggravation. However the MRI may show that this was a completely unrelated level in your back as compared to the 2011 injury and surgery. Good luck during this difficult time.

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  • Divorcing in Florida, according to statues is my husband intitled to Half my settlements from my personal injury law suit ?

    Filing for a divorce and had a personal injury just happen

    W’s Answer

    Certainly the injured spouse has the majority of the claim in a personal injury claim. The uninjured spouse may have a loss of consortium claim which is in basic terms a loss of spousal duties. If the couple is estranged then the value of this claim is either very low or of no value at all. Generally a loss of consortium claim in a personal injury claim is often argued to a jury as a range between 5 to 20 percent of the overall value of a claim. If settlement has been made and paid and the assets have been shared for a period of time then the situation becomes more problematic. Ultimately, the actual facts of the situation will be of great importance.

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  • I am 17 1/2yrs and I was involved in accident on school bus. My mom is going to talk w an attorney. Can I get my settlement @ 18

    I am 17 1/2yrs and I was involved in accident on school bus. My mom is going to talk w an attorney. Can I get my settlement @ the age of 18 or will it be issued to my mom?

    W’s Answer

    Please give us a call to discuss the details or visit us on our website at www.jaxlegal.com

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  • I have insurance in one of my two cars one is in my wife name the other in my name, the agent said never recived thje registraci

    my wife car had ins, my the agent said they dont recived my car registration, and they said i was unensured, my dougther has a car crash and now we dont have ins. wath can we do.

    W’s Answer

    If you have documentation of payment you may be able to enforce coverage. If not you are probably out of luck. If you can show that your agent negligently did not arrange for your coverage you may have a claim against him/her and making a claim against their "errors and ommissions" insurance policy. Good luck. You may want to check with the Dade County Bar association regarding a referral in your area.

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  • My 1983 CAMARO was stolen from my driveway on Saturday night 9/2009. The insurance wants to give me $1,700.00 +- FOR TOTAL LOST.

    The actual value and the condition of my car on craigslist is the $4,500.00 and up. My car it is an antic and it is very difficult to find, especially in good condition like mine. What should I do?

    W’s Answer

    While property damage laws may vary state by state to some extent the general rule is that the fair and reasonable value of the car is what deternines value. While the age and mileage of the vehicle certainly impact the value negatively the car may be worth more due to the make and model. You may want to hire an experianced independent appraisal as to the value of the car. Craigs list is not a source regarding value that should establish the value

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