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Florida Injury Attorney Blawg

Doctors Skirt Fault Under Florida’s Wrongful Death Act
Jeffrey P. Gale, P.A.

Is the loss of a loved one by medical malpractice less painful and catastrophic than such a loss by some other form of negligence? Either the Florida Legislature thinks so, or else it purposely created an arbitrary and capricious law to insulate medical providers from being held fully accountable for their negligence. The law in…

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Key Elements in Florida Wrongful Death Legal Actions
Jeffrey P. Gale, P.A.

Any cause of action, or lawsuit, arising in Florida from the death of an individual caused by the wrongful act or negligence of any person or entity is controlled by the “Florida Wrongful Death Act” (Sections 768.16-768.26). This blog describes some key wrongful death claim considerations. Statute of Limitations: Florida Statute Section 95.11(4)(d) instructs that…

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Role of Personal Representatives (PR) in Florida Wrongful Death Cases
Jeffrey P. Gale, P.A.

When a person dies from an accident in Florida, who, if anyone, can be compensated for the loss is prescribed by statute in Florida’s Wrongful Death Act, Sections 768.16-768.26. The Act refers to those who are eligible as “survivors.” The survivors list can be inequitable. For example, under some circumstances parents and children are barred…

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Florida’s Workers’ Compensation System is Worse Than Ever … If You’re an Injured Worker
Jeffrey P. Gale, P.A.

Florida once treated its injured workers with dignity and respect. This is no longer the case. Current workers’ compensation laws treat injured workers as expendable commodities. Little regard is given to their health and well-being. Rather than being a non-adversarial system for the provision of needed and deserved benefits, as it was originally designed to…

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Florida’s Statute of Repose Sometimes Bars Products Liability Claim Where Statute of Limitation Does Not
Jeffrey P. Gale, P.A.

A statute of limitation is an enactment in a common law legal system which sets forth the maximum time after an event that legal proceedings based on that event may be initiated. Most people are familiar with the concept. Less known, but equally potent as a time bar to bringing claims, is the statute of…

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Medical Malpractice Myths
Jeffrey P. Gale, P.A.

From time-to-time we publish in our blog letters and articles written by others on subjects of interest to us. Here are two excellent letters published in the March 1, 2013 issue of The Florida Bar News. Each addresses medical malpractice issues. _____________________ Med Mal This is a response to Robert William Patton’s defense-oriented letter on…

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Florida’s Wrongful Death Act Fosters Better-Dead-Than-Alive Philosophy In Medical Malpractice Cases
Jeffrey P. Gale, P.A.

Florida’s Wrongful Death Act, located in sections 768.16 through 768.26 of Florida’s statutes, controls legal actions arising from the loss of life on account of a tortfeasor’s negligence. The Act refers to those who may recover damages for the loss as “survivors.” Survivors can be spouses, children and parents. The Act allows survivors to recover…

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Settlement Considerations in Florida Workers’ Compensation Cases
Jeffrey P. Gale, P.A.

I discuss settlement with our workers’ compensation clients every day of the week. Even people we don’t represent call on a regular basis to pick my brain about settlement. Each case has its own unique set of variables. No blueprint is available to provide answers. Some basic principles do apply in every Florida workers’ compensation…

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Medical Providers Not Required To Bill Medicare and Medicaid in Personal Injury Cases
Jeffrey P. Gale, P.A.

In every serious personal injury case in Florida, the issue of who will pay the medical providers and how much always arises. Needless to say, providers want to recover as much as they can. Patients, of course, want to pay as little as possible out-of-pocket. How this plays out often depends on who pays the…

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