Articles Posted in Litigation

Florida Workers’ Compensation and Independent Contractors
Jeffrey P. Gale, P.A.

With the exception of independent contractors working or performing services in the construction industry (Florida Statute 440.02(15)(c)3), individuals working as independent contractors are not eligible for workers’ compensation benefits from the companies for whom they are performing services. The reason why is because they are not considered employees of those companies. F.S. 440.02(15)(d)1. These statements…

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Pleading the 5th Amendment in Florida Civil Cases
Jeffrey P. Gale, P.A.

Much has been reported lately about Florida Republican gubenatorial candidate Rick Scott invoking 75 times his Fifth Amendment right against self-incrimination in a civil case brought by a Nevada company. The Fifth Amendment to the United States Constitution was ratified in 1791. It provides as follows: “No person shall be held to answer for a…

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Florida’s Wrongful Death Statute Creates a Privileged Class
Jeffrey P. Gale, P.A.

Florida Statute Section 768.21 outlines who is eligible for benefits under Florida’s Wrongful Death Act. (See this blog for an easy-to-understand breakdown.) With one exception, the statute – although debatable as to its fairness – treats all victims alike. The exception? The survivors of those who have died from medical malpractice/negligence. Sections (3) & (4)…

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Liability of Florida Hospitals for Emergency Room Malpractice
Jeffrey P. Gale, P.A.

To the surprise of many, most of the doctors who work in Florida’s hospital emergency rooms are not hospital employees. Instead, they are independent contractors. (It is quite rare for Florida hospitals to employ their ER physicians.) Equally surprising is that Florida law does not hold a hospital liable for a doctor’s negligence simply because…

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Disabled Commercial Vehicles (Trucks & Buses) Are Roadway Safety Hazards
Jeffrey P. Gale, P.A.

Disabled commercial vehicles are hazardous to motorists. Rightfully, much blame for traffic accidents is placed on trailing/approaching vehicle drivers. However, commercials vehicles disabled in lanes of traffic often contribute to serious and fatal accidents through little to no fault of approaching drivers. Surprisingly, many of these accidents occur in broad daylight on straight roadways. (More…

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Summary of Florida’s Residential Swimming Pool Safety Act
Jeffrey P. Gale, P.A.

Drowning is the leading cause of death of young children and a significant cause of death of medically frail elderly persons in this state. Constant supervision is the best way to prevent drownings. Cognizant, however, that supervision is not always available, the Florida Legislature has devised a statutory scheme designed to deny, delay, or detect…

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Liability for “Enhanced Injuries” in Florida Personal Injury Cases
Jeffrey P. Gale, P.A.

On July 7, 2010, I blogged that the initial tortfeasor (a wrong-doer, one who does wrong) in a negligence case is liable under Stuart v. Hertz Corp., 351 So.2d 703 (Fla. 1977), for all foreseeable damages arising from an accident, including enhanced injuries caused by medical malpractice suffered during treatment for the initial injuries. (Blog.)…

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Attorneys’ Fees in Florida Wrongful Death Cases
Jeffrey P. Gale, P.A.

Florida’s Wrongful Death Act, located at Sections 768.16-768.26 of the Florida Statutes, concentrates on loss suffered by survivors and creates a separate entitlement to damages for each survivor. However, the survivors cannot bring separate legal actions. Rather, the personal representative is the only party with standing to bring a wrongful death suit on behalf of…

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Responding to United Automobile Insurance Company
Jeffrey P. Gale, P.A.

From reading United Automobile Insurance Company’s blog page, one could be mislead into believing that every claim made against United is frivilous. This is not my personal experience or that of most other lawyers familiar with United. A simple inspection of the County Court records for Miami-Dade and Broward Counties will reveal a nearly countless…

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Damages/Compensation in Florida Wrongful Death Cases
Jeffrey P. Gale, P.A.

When the death of an individual is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person or company, including those occurring on navigable waters, who may be entitled to compensation for the loss is a matter of statutory design, the work of the Florida Legislature. The Legislature’s work…

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