The Florida Bar
Florida Supreme Court - Badge
Florida Justice Association - Badge
Miami-Dade Justice Association - Badge
Dade Country Bar Association - Badge
Florida Workers Advocates - Badge
Martindale-Hubbell - Badge
American Bar Association - Badge

Florida Injury Attorney Blawg

JEFFREY P. GALE, P.A. /// Florida Workers’ Compensation Death Benefits Fail Families
Jeffrey P. Gale, P.A.

Florida’s workers’ compensation system is beneficial to injured workers in many ways. Chief among them is the guarantee of medical care and wage‑replacement benefits to injured workers without regard to fault. (This does not necessarily mean carriers and injured workers do not dispute the scope and adequacy of benefits.) The workers’ compensation system also contains…

Continue reading ›
Jeffrey P. Gale, P.A. // Understanding Haddad v. Lyft Florida, Inc.
Jeffrey P. Gale, P.A.

In May 2026, the Fourth District Court of Appeal issued a consequential opinion in Haddad v. Lyft Florida, Inc., fundamentally reshaping the scope of tort claims that may be brought against transportation network companies in Florida. Haddad effectively wiped out the entire suite of common‑law causes of action traditionally asserted against rideshare companies, unless the…

Continue reading ›
Jeffrey P. Gale, P.A. // Key Element in Workers’ Compensation Statutory Employer Liability
Jeffrey P. Gale, P.A.

The State of Florida obligates employers to secure and provide workers’ compensation benefits to their employees, as mandated by section 440.10, Florida Statutes. Employers typically satisfy this obligation by maintaining an active workers’ compensation insurance policy that ensures coverage for compensable workplace injuries. Section 440.10(b) goes so far as to provide that where a “contractor…

Continue reading ›
Jeffrey P. Gale, P.A. /// Medical Malpractice Relief for Medicaid Patients
Jeffrey P. Gale, P.A.

In 2011, the Republican-controlled Florida Legislature targeted some of the state’s most vulnerable citizens by enacting legislation that curtailed the legal rights of Medicaid recipients. Specifically, it imposed a cap on the amount of noneconomic damages—such as pain and suffering—that Medicaid recipients may recover in medical negligence cases. The pertinent provisions of that legislation, codified…

Continue reading ›
When “Maternal Forces” Becomes a Litigation Theory: A Daubert Challenge in a Brachial Plexus Case
Jeffrey P. Gale, P.A.

Severe brachial plexus injury cases often turn on a single, sharply contested question: what caused the nerve damage—obstetrical forces applied by the physician, or the natural forces of labor itself? In a recent Florida medical malpractice case involving a catastrophic, permanent five-root brachial plexus injury, the plaintiff challenged the admissibility of the defense’s causation theory…

Continue reading ›
Jeffrey P. Gale, P.A. /// Florida’s “Free Kill” Law Remains Alive
Jeffrey P. Gale, P.A.

Our law firm has written extensively about what has infamously become known as the “Free Kill” law.” More formally, the law is codified at section 768.21(8), Florida Statutes, a provision of Florida’s Wrongful Death Act, ss. 768.16-768.26. Florida’s Wrongful Death Act traces its origins to an English statute enacted in 1846 known as Lord Campbell’s Act. That landmark legislation…

Continue reading ›
Jeffrey P. Gale, P.A. /// Planning for Catastrophic Injuries in Florida Workers’ Compensation Cases
Jeffrey P. Gale, P.A.

Our firm has handled its share of catastrophic injury cases in both the workers’ compensation system and the civil law system (i.e., personal injury cases). Because the needs of those injured—both now and in the future—are critically important, we must address their immediate needs while also planning for the long term. While the underlying considerations…

Continue reading ›
Jeffrey P. Gale, P.A. /// Florida Jurisdiction in Workers’ Compensation Cases for Out-of-State Accidents
Jeffrey P. Gale, P.A.

Can a Worker Injured Outside of Florida Be Eligible for Florida Workers’ Compensation Benefits? Under § 440.09(1)(d), Fla. Stat., an employee injured outside of Florida may still be entitled to Florida workers’ compensation benefits if certain jurisdictional requirements are met: “If an accident happens while the employee is employed elsewhere than in this state, which…

Continue reading ›
Jeffrey P. Gale, P.A. // Florida Wrongful Death Case Gone Wrong
Jeffrey P. Gale, P.A.

Our office was recently contacted by an elderly gentleman whose wife was brutally murdered in her South Florida home in 2019 by a deliveryman employed by a large corporation. The assailant was subsequently convicted of first-degree murder and sentenced to life in prison. The gentleman retained his sons—both licensed Florida attorneys—to pursue compensation from the…

Continue reading ›
Jeffrey P. Gale, P.A. /// Landmark Decision Changes How the Statute of Limitations is Applied in Florida Workers’ Compensation Cases
Jeffrey P. Gale, P.A.

For more than thirty years, lawyers and judges have misapplied the statute of limitations in Florida workers’ compensation cases. Undoubtedly, this error has deprived countless injured workers of benefits to which they were entitled. In Estes v. Palm Beach County School District, an opinion issued on March 23, 2026, the First District Court of Appeal…

Continue reading ›

Se Habla Español / Nou Parlé Creole

Fill out the contact form or call us at 305-758-4900 to schedule your free consultation.

Leave Us a Message