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Florida Injury Attorney Blawg

President Obama Mentions Medical Malpractice Reform (“Deform”) in 2011 State of the Union
Jeffrey P. Gale, P.A.

I voted for President Obama and fully expect to vote for him again in 2012. However, I am disappointed by one of his remarks delivered in the 2011 State of the Union message. In speaking about taking steps to improve the economy, the president mentioned that he is willing to work with the Republicans on…

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Florida Workers’ Compensation Statute of Limitation
Jeffrey P. Gale, P.A.

A statute of limitation is a provision that ends a person’s or company’s right to sue with regard to a legal dispute. Every legal dispute in Florida is subject to a statute of limitation, with the time period in any particular matter depending on the nature of the dispute. Florida Statute 95.11 sets forth the…

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Determining the Settlement Value of Florida Workers’ Compensation Cases
Jeffrey P. Gale, P.A.

Many factors go into determining the settlement value of a Florida workers’ compensation case. Although the opposing parties are seeking different outcomes – the Claimant wants to recover as much as possible, while the Employer/Carrier wishes to settle for as little as possible – each side benefits from performing a fair and honest evaluation; neither…

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Differences Between Florida’s Workers’ Compensation System and the Wrongful Death Act for Loss of Life
Jeffrey P. Gale, P.A.

Yesterday’s blog was about the primary legal differences between Florida’s workers’ compensation and personal injury systems with regard to accident-related bodily injuries. Today’s blog will address the differences, which are significant, between Florida’s workers’ compensation system and it’s Wrongful Death Act for the loss of life due to accidents. For the most part, the laws…

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The Differences Between Florida Workers’ Compensation and Personal Injury Cases
Jeffrey P. Gale, P.A.

As our law firm has an expertise in workers’ compensation and personal injury cases, we are frequently asked to explain to our clients and other lawyers the differences between the two. Although both types of cases involve bodily injuries, they have little else in common. With rare exception (see Florida Statute 440.11), the remedies available…

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Crashworthiness Doctrine Under Assault in Florida Legislature
Jeffrey P. Gale, P.A.

I am a member of the Florida Justice Association (FJA), a Tallahassee-based organization dedicated to strengthening and upholding Florida’s civil justice system and protecting the rights of Florida’s citizens and consumers. Within the organization is an Internet discussion group, of which I have been a member for more than ten years, consisting of a sub-group…

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Florida Police Department Responsibility for Sexual Assault by Law Enforcement Officers
Jeffrey P. Gale, P.A.

Florida police departments are not immune from employing a few bad apples. Occasionally, we learn of a law enforcement officer taking advantage of a vulnerable woman while in uniform during working hours. When such a vile event occurs, the legal question arises as to whether or not the offending officer’s agency must bear civil (as…

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Wage/Income Loss Claims for “Illegal Immigrants”/Undocumented Workers in Florida Personal Injury and Workers’ Compensation Cases
Jeffrey P. Gale, P.A.

The question often arises in Florida as to whether undocumented workers can be compensated for lost wages (past and future) in personal injury and workers’ compensation cases. With few exceptions, the answer appears to be No. Although the damages available in workers’ compensation and personal injury cases may differ, both offer elements of awards for…

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Debunking The Myth About Frivolous Lawsuits (Florida) – Installment #2
Jeffrey P. Gale, P.A.

In installment #1 of this series of blogs addressing the myth regarding frivolous lawsuits, I tried to debunk the myth through common sense by noting some of the practical considerations that make handling baseless cases untenable for lawyers. In other words, practical considerations alone work against the notion that frivolous lawsuits are a staple of…

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Dangerous Products
Jeffrey P. Gale, P.A.

From time to time, I will list in this blog recent important information regarding manufactured products used by American consumers. Today’s entries: Darvocet and Darvon: Popular prescription pain medications, go by the generic name propoxyphene. FDA studies show that the drug puts patients at risk of potentially serious or even fatal heart rhythm abnormalities. Propoxyphene…

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