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Florida Injury Attorney Blawg

Jeffrey P. Gale, P.A. // Particular Difficulties and Deceits Involving Long Term Disability Insurance
Jeffrey P. Gale, P.A.

With a sizable portion of our law firm’s practice engaged in the representation of injured workers, we often tangle with issues related to long term disability insurance. LTD is commonly offered by employers to their employees as a fringe benefit. The employer either pays the full premium, a portion thereof, or nothing at all. One…

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Jeffrey P. Gale, P.A. // Election of Remedy
Jeffrey P. Gale, P.A.

Accident victims can sometimes bring a legal claim seeking compensation for their losses. They may even have the option of electing a remedy between personal injury common law and workers’ compensation statutory law. The choice can be consequential. Personal injury claims are cases at common law. In Florida, recoverable damages in personal injury claims include…

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Jeffrey P. Gale, P.A. // Pre-Settlement Considerations for Claimants/Plaintiffs Receiving Both Medicare and Medicaid Benefits
Jeffrey P. Gale, P.A.

Settling an injury case is not as easy as it once was. In the old days, cases would be settled with little or no consideration being given to satisfying liens and protecting an injured person’s right to receive post-settlement Medicare and Medicaid benefits. Rather than attorney neglect, much of this was due to weak and…

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Jeffrey P. Gale, P.A. // Post-Settlement/Post-Judgment Payment of Medical Expenses by Health Insurance
Jeffrey P. Gale, P.A.

Once a case involving personal injuries has been settled or resolved by the payment of a final judgment, the injured party will receive no more money from the closed matter to cover any later incurred expenses such as those for medical care. This rule applies in both civil and workers’ compensation cases. The question often…

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Jeffrey P. Gale, P.A. // Where We Stand
Jeffrey P. Gale, P.A.

FACEBOOK POSTS: July 2, 2019 For G_D’s sake, Trumpis, come to your senses already. Trump’s oddness is not genius. He’s a nincompoop. What do Dwight David Eisenhower, JFK, Jimmy Carter, and George H. W. Bush have in common? All are medaled combat veterans who never held a parade in his honor. “Donnie Bone Spurs” wants…

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Jeffrey P. Gale, P.A. // Loss of Consortium — Think Twice (or more) Before Making This Claim
Jeffrey P. Gale, P.A.

Florida case has long allowed the spouse of an injured married partner to bring a cause of action for loss of consortium, and though derivative in the sense of being occasioned by injury to the spouse, it is a direct injury to the spouse who has lost the consortium. Busby v. Winn & Lovett Miami,…

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Jeffrey P. Gale, P.A. // Golf Carts, Low Speed Vehicles (LSV) and Florida Personal Injury Law
Jeffrey P. Gale, P.A.

We represent a gentleman who was recently involved in a horrible crash while operating his Ford F-150 truck in a gated Lee County, Florida community. The operator of the other vehicle, which crossed into our client’s oncoming lane of traffic, died in the crash. Our client sustained significant personal injuries, including emotional distress. (For example,…

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Jeffrey P. Gale, P.A. // Important Differences Between the LHWCA and Florida Workers’ Compensation
Jeffrey P. Gale, P.A.

The Longshore and Harbor Workers’ Compensation Act (LHWCA) and Florida’s Workers’ Compensation Act are statutory systems established to handle the provision of benefits to injured workers. The LHWC covers persons engaged in maritime employment, including any longshoreman or other person engaged in longshoring operations, and any harbor-worker including a ship repairman, shipbuilder, and ship-breaker. The…

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Jeffrey P. Gale, P.A. // Florida PIP Reimbursement Allowed Against Owner or Insurer of the Owner of a Commercial Motor Vehicle
Jeffrey P. Gale, P.A.

Personal Injury Protection (PIP), or “No-Fault,” is a type of Florida motor vehicle insurance available to a “named insured, relatives residing in the same household, persons operating the insured motor vehicle, passengers in the motor vehicle, and other persons struck by the motor vehicle and suffering bodily injury while not an occupant of a self-propelled…

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Jeffrey P. Gale, P.A. // Gap in Protection for Florida Uber Eats Bicycle Riders
Jeffrey P. Gale, P.A.

We represent a hardworking young college student who was struck by a hit-and-run vehicle and left for dead by the side of the road while delivering for Uber Eats on his bicycle. He spent a week in Ryder Trauma Center, a leading catastrophic care facility, with life threatening injuries ranging from traumatic brain injury (TBI)…

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