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Florida Injury Attorney Blawg

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

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…

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

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,…

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

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,…

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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

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…

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

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…

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Jeffrey P. Gale, P.A. // Florida Premises Liability Law and Cell Phone Distraction

Cell phone related distraction accounts for a great number of motor vehicle crashes. Legislation aimed at curbing these preventable events has been enacted in parts of Europe, Canada, and the United States. Florida remains one of just a handful of states without meaningful legislation designed to curb mobile phone abuse…

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Jeffrey P. Gale, P.A. // Recent First DCA Ruling in a Workers’ Compensation Case May Open Floodgates for More Personal Injury Cases

Many experts believe that the  First District Court of Appeal’s April 5, 2019 ruling in Sedgwick CMS v. Tamatha Valcourt-Williams will open the floodgates for more civil negligence lawsuits brought by employees against employers. Because of the immunity provisions of section 440.11, Florida Statutes, such lawsuits have always been exceedingly rare in Florida.…

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Jeffrey P. Gale, P.A. // Florida Workers’ Compensation Immunity and the Dangerous Instrumentality Doctrine

With few exceptions, section 440.11, Florida Statutes grants immunity from tort liability to employers and the co-employees of Florida workers injured in the course and scope of their employment. In most cases, the doctrine precludes relief outside of the workers’ compensation system. Florida’s dangerous instrumentality doctrine is a common law doctrine which provides that the owner…

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Jeffrey P. Gale, P.A. // Avoiding the PIP Setoff/Offset in Florida Vehicle Crash Cases

Florida Motor Vehicle No-Fault insurance (“Personal Injury Protection” or “PIP”) is a form of medical insurance used for motor vehicle crashes. It is mandatory on vehicles registered in Florida. It covers owners, certain family members and passengers, and pedestrians. The typical policy limit is $10,000 reduced by deductibles ranging from $500 to $2,000. PIP does not compensate the…

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Jeffrey P. Gale, P.A. // Here We Go Again — Florida’s Workers’ Compensation Law Under Assault

Here’s a simple truth: An injured worker (also known as a “claimant”) proceeding “without the aid of competent counsel” is as “helpless as a turtle on its back,” Davis v. Keeto, Inc., 463 So.2d 368, 371 (Fla. 1st DCA 1985) (quoting Neylon v. Ford Motor Co., 27 N.J.Super. 511, 99 A.2d 664, 665…

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