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Florida Injury Attorney Blawg

Jeffrey P. Gale, P.A. // Florida Jury Trial Law: Two Grounds for New Trial
Jeffrey P. Gale, P.A.

While the American jury system is one of the greatest human inventions, it is not infallible. At times our peers are influenced by prejudice, passion, or corruption; they sometimes ignore or misconceive evidence, take improper elements of damages into account by speculation and conjecture. A verdict based on any of these elements should be rejected…

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Jeffrey P. Gale, P.A. // Florida Personal Injury Nondelegable Duty Case Study
Jeffrey P. Gale, P.A.

Earlier this year our law firm participated in a one week jury trial against a condominium association and a general contractor seeking damages for personal injuries sustained by our client, an elderly woman. The association hired the general contractor to rebuild a wood dock that ran, unimpeded, behind each condo unit in the community alongside…

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Jeffrey P. Gale, P.A. // Florida Workers’ Compensation Liens — 440.39, the Manfredo Formula, etc.
Jeffrey P. Gale, P.A.

Maximizing the client’s net recovery should be a primary focus in every case. Court costs, litigation and medical expenses, and insurance liens are elements often charged against the gross recovery. One of the insurance liens is a creature of Florida Statute 440.39(2). This lien comes into play when a person injured in the course and…

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Jeffrey P. Gale, P.A. // Florida Personal Injury Law: Inconsistent vs. Inadequate Verdicts
Jeffrey P. Gale, P.A.

Florida civil trial juries are given wide latitude in resolving factual conflicts. A verdict supported by evidence will be allowed to stand even if other evidence backs a contrary result. However, inconsistent and inadequate verdicts must be modified or reversed. An “inconsistent” verdict can only be corrected by the jury that has rendered it. Before…

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Jeffrey P. Gale, P.A. // Florida Personal Injury Law: Zero Verdict for Pain & Suffering [can be] Inadequate as a Matter of Law
Jeffrey P. Gale, P.A.

In Parrish v. City of Orlando, 53 So.3d 1199 (Fla. 5th DCA 2011), the plaintiff suffered a comminuted proximal humerus fracture in her left shoulder from tripping and falling on an uneven sidewalk. The jury awarded $51,929.02 for past medical expenses, and $130,000 for future medical expenses. However, the jury awarded no past or future…

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Jeffrey P. Gale, P.A. // Florida Workers’ Compensation: Don’t Fall Into PTD Supplemental Payments Trap
Jeffrey P. Gale, P.A.

Some of Florida’s most severely injured workers may qualify for Permanent Total Disability (PTD) benefits under Section 440.15(1) Florida Statutes. In the absence of a catastrophic injury such as a spinal cord injury involving severe paralysis, amputation of an arm, a hand, a foot, or a leg, severe brain or closed-head injury, or total or…

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Jeffrey P. Gale, P.A. // Florida Workers’ Compensation Law: Compensability of Accidents During Company Sanctioned Activities
Jeffrey P. Gale, P.A.

Our firm has been hired by a woman who recently sustained a serious leg injury while walking back to her car from a company sponsored holiday party. The employer has refused to provide workers’ compensation benefits, claiming that the accident did not happen in the course and scope of employment. While our firm handles both…

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Jeffrey P. Gale, P.A. // Florida Personal Injury Law: Tenuous Reasoning Allows Admission of Prejudicial Evidence
Jeffrey P. Gale, P.A.

Getting the injured party fully compensated for the cost of future medical care is a primary concern in most personal injury cases. The Plaintiff has one shot in court to get the jury to award an adequate amount of money to cover the cost of these future medical expenses. Expert and lay evidence is presented…

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