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Top Legal Questions Answered

Report contains 87 Q&A topics from Florida legal experts

Download our comprehensive guide to answer your top legal questions.

Our report includes divorce and family law, criminal defense, vehicle accidents, medical malpractice, workers’ compensation, military, social security, and personal injury. Get answers to your questions, like what to do if you’ve been served divorce papers, how long you have to file a lawsuit after a car accident, what needs to be proven in a wrongful death claim, and more.

Hardesty, Tyde, Green & Ashton

LEGAL SERVICES IN JACKSONVILLE, FL

Personal Injury

If you’ve been injured by someone else’s negligence, that person should be held accountable. Get compensation for medical costs, lost wages, medication, physical therapy, and pain and suffering.

Workers’ Compensation

If you’ve suffered a work related injury, you’re entitled to workers’ compensation insurance benefits. Get help with insurance or employer denials, long-term compensation, and protection from employer retaliation.

Medical Malpractice

Medical errors are the third leading cause of death in the U.S. If you or a loved one has suffered at the hands of a medical professional, get maximum compensation for lost wages, medical bills, and pain and suffering.

Vehicle Accidents

If you’ve been in a vehicular accident, you may be entitled to compensation. Get help with uninsured and underinsured motorist claims, personal injury protection (PIP) benefit claims, and bodily injury compensation claims.

Criminal Defense

If you’ve been charged with a crime, you need an experienced criminal defense attorney to protect and fight for your rights. Get help with any criminal matter, such as simple traffic infractions, complex homicide cases, and everything in between.

Divorce & Family Law

Learn the laws regarding family law in the state of Florida, and get help with divorce–contested and uncontested, equitable distribution of assets and liabilities, alimony, retirement matters, attorney fees, child parenting issues, and more.

TOP 5 things you need to know if you’ve been INJURED

1

What constitutes a personal injury?

The most common personal injury is an auto accident, but the broad definition encompasses any situation where a person suffers harm due to the negligence of another person or entity. Early identification of a personal injury is important to the legal process. Many serious injuries occur each year involving:
– Auto accidents
– Premises liability accidents such as injuries caused by a slip and fall
– Medical malpractice/nursing home injuries
– Wrongful death – Work-related accidents
– Animal attacks
– Faulty or malfunctioning products (product liability)

READ MORE

2

What is owed in compensation on a personal injury claim/case?

Compensation is a complex subject. For example, if someone asked you for a total of your past medical bills, you might be able to calculate the answer, but try to answer these questions: What is the sum of your future medical care? Who should answer that question? Your insurer? In a personal injury situation, you are owed nothing less than:- Replacement of property (vehicle or other)
– Lost wages– past, present, and future
– Medical costs– past, present, and future
– Pain and suffering (loss of enjoyment of life)– past, present, and future

READ MORE

3

What stops people from pursuing compensation?

It’s common that personal injury victims feel uncomfortable talking to an attorney about compensation. For instance, in the medical malpractice arena, statistics estimate that nearly 200,000 people die each year due to medical negligence, yet the number of malpractice suits (including non-fatalities) is less than 10% of that. Here are the top 5 reasons victims and their families don’t pursue the compensation that is due to them according to civil law:
– The victim may not realize that the injury stems from a situation which can be construed as negligence
– The victim may have been persuaded not to seek damages by the responsible party
– The responsible party is friendly in their compensation offering, leading the victim to believe that the matter should be settled outside of the legal channel
– The victim, having suffered a trauma, may feel undue guilt or depression that makes it difficult to act in their own best interest
– The victim may be unfoundedly concerned with the time, energy, and cost of a legal process

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4

What are the risks of acting on one’s own behalf?

Every legal situation carries complexity, and personal injury is no different. The biggest risk of acting alone is jeopardizing your rights to fair compensation. It’s easy to make a mistake. If a victim waits to seek medical attention, provides an insurance adjuster with information about injuries, or assumes that they are not entitled to more than the insurance face value, the case may be jeopardized.

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5

Who pays for a personal injury attorney?

Personal injury attorney fees are paid in a “contingency fee agreement,” which means that the attorney receives a percentage of the settlement. (i.e., We don’t get paid unless you do.) This removes the burden of payment from the victim, allowing access to legal aid without added financial stress. The additional benefit is that if after the personal injury attorney has consulted on the case, he agrees to represent the injured party, the attorney believes there is a reasonable case for compensation.

READ MORE

Q

What constitutes a personal injury?

The most common personal injury is an auto accident, but the broad definition encompasses any situation where a person suffers harm due to the negligence of another person or entity. Early identification of a personal injury is important to the legal process. Many serious injuries occur each year involving:
– Auto accidents
– Premises liability accidents such as injuries caused by a slip and fall
– Medical malpractice/nursing home injuries
– Wrongful death
– Work-related accidents
– Animal attacks
– Faulty or malfunctioning products (product liability)

You are not alone

A serious injury can turn your life upside down, impacting your health, physical ability, career, emotional well-being, relationships, and more. Injured victims commonly wonder whether their lives will ever be normal again, and experience stress thinking about the total financial impact of their injury.

Estimates in the U.S. reveal that every year:

1/10 construction workers are injured

250,000 medical malpractice deaths occur

20-50 million people are injured in auto accidents

If you’ve been injured, you need experts in interpreting personal rights law to recuperate what has been lost.

Why do more people choose Jax Lawyers?

For more than 25 years, Jax Lawyers has had a reputation for preparation, commitment, hard work, real trial experience, and success in and out of the courtroom.

Experts in the areas of personal injury, workers’ compensation, medical malpractice, vehicle accidents, criminal defense, and divorce and family law, we promise to represent you, communicate with you, and be accessible to you at all times. You’ll be meeting with an attorney, not the legal staff.

Why does Jax Lawyers provide a hotline instead of a chat?

Many personal injury attorneys provide a live chat on a website, but the questions are not actually answered by an attorney. Our hotline is confidential and staffed by our actual attorneys so that you can receive the in-depth, case-specific answers you seek–for free.

Why do more people choose Jax Lawyers?

For more than 25 years, Jax Lawyers has had a reputation for preparation, commitment, hard work, real trial experience, and success in and out of the courtroom.

Experts in the areas of personal injury, workers’ compensation, medical malpractice, vehicle accidents, criminal defense, and divorce and family law, we promise to represent you, communicate with you, and be accessible to you at all times. You’ll be meeting with an attorney, not the legal staff.

Why does Jax Lawyers provide a hotline instead of a chat?

Many personal injury attorneys provide a live chat on a website, but the questions are not actually answered by an attorney. Our hotline is confidential and staffed by our actual attorneys so that you can receive the in-depth, case-specific answers you seek–for free.

Verdicts & Settlements

$6,219,000

Won

Medical Malpractice

Alachua County, FL

$4,500,000

Won

Medical Malpractice

Duval County, FL

$4,500,000

Won

Trucking accident

Duval County, FL

$3,000,000

Won

Medical Malpractice

Citrus County, FL

What Our Clients Are Saying

“Marc Hardesty of Hardesty, Tyde, Green & Ashton is a fantastic attorney. He was my attorney for an auto accident a couple of years ago. He made sure that I received the best medical care, made sure that the medical expenses were taken care of and most of all… REALLY had my best interest at heart. He kept me informed of everything in my case. I didn’t have to worry about a thing. I would recommend Marc and suggest that anyone that needs a great attorney to contact him.”

-Previous Client

Meet Our Legal Team

W. MARC HARDESTY

Marc has received the AV rating, the highest rating offered by Martindale-Hubbell, and been named Top Attorney by Jacksonville Magazine.

MICHAEL S. TYDE

Michael has worked for the State of Florida as both a public defender and prosecuting attorney and has been selected by his peers as a member of The Best Lawyers in America.

KARL T. GREEN

Karl is AV Preeminent rated by Martindale-Hubbell and has litigated over 60 jury trials. He’s been peer-selected annually as a member of the Best Lawyers in America since 2014 and named a Top Jacksonville Lawyer by Jacksonville Magazine since 2013.

FRANK A. ASHTON

Frank has been recognized as one of the Top 100 Trial Lawyers by National Trial Lawyers, is AV Preeminent Rated, and has been selected as a member of the Best Lawyers in America.

KEVIN W. MOORE

Kevin is an active member of the Jacksonville Bar Association, the Jacksonville Justice Association, and has served as a Staff Editor of the Law Review.

Frequently Asked Questions

Do you have questions? We have answers. Here are some legal FAQs that our team of attorneys often receives from clients.

How do I get paid for my damages?
There are generally two avenues for obtaining money for your injuries:

– Filing a lawsuit, or suing.
– Reaching a mutually agreeable financial arrangement, or settling with the responsible party.

In either case, rest assured that all defendants will have legal representation to protect their interests and you should, too. In the majority of cases, the parties will settle. Even after a lawsuit has been filed, settlements often occur. However, in seeking full recovery for damages, one should be prepared to go all the way to trial if necessary.

How long will it take to pursue my case?

The nature of the case dictates the length of time necessary to bring your action to its conclusion. During your initial consult, your attorney should be able to give you a better idea of how long your particular case might take. Understand, however, that this is an estimate, as facts and circumstances often change during the course of a claim.

What are damages?

Damages are the amount of injury suffered by the plaintiff, expressed in monetary terms. In the American legal system, money is the measure of how much damage has been done to you, the plaintiff. Damages include pain and suffering, loss of consortium, medical bills (past and future), and loss of wages (past and future). All of these factors, when considered together, comprise damages. It is by considering these factors that we, your attorneys, come up with a rough estimation of the “value” of your case.

What is liability?

Liability may result from being “at fault” in an accident. Liability is a term used to express whether a party is responsible for damages. Multiple parties can be liable for your injuries, including yourself. If you are partially responsible for your injury, then you can be deemed “comparatively negligent,” which will reduce the amount you could be awarded in a lawsuit. Just because you might have some fault in an accident, however, does not mean you are not entitled to a recovery.

News & Blogs

Starting a Medical Malpractice Case: First Steps

Medical News Today states that “Medical malpractice occurs when a health care professional or provider neglects to provide appropriate treatment, omits to take an appropriate action, or gives substandard treatment that causes harm, injury, or death to a patient. The malpractice or negligence normally involves a medical error. This could be in diagnosis, medication dosage…

Who Will Pay for Your Medical Bills After a Car Accident?

If you or a loved one have been in a car accident, you might be wondering who’s responsible to pay for the medical expenses. Laws vary from state to state. Florida, for instance, is a “No-Fault” insurance state. Every motorist is required to have a minimum of $10,000 in Personal Injury Protection (PIP)…

Common Misconceptions About Personal Injury Cases

One of the most traumatic experiences you can have in your life is being involved in an accident. Whether you have been involved in a car accident or an on the job mishap, getting well should be your main concern. In some cases, the accident you are involved in will be caused by the negligence of the other party…

Contact Hardesty, Tyde, Green & Ashton

It pays to check. One consultation will provide a world of comfort. Or, call the hotline for confidential answers to your legal questions.

Two convenient locations

4004 Atlantic Blvd
Jacksonville, FL 32207

320 1st St N Suite 703
Jacksonville Beach, FL 32250

Phone
904-398-2212

Two convenient locations

4004 Atlantic Blvd
Jacksonville, FL 32207
904-398-2212