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Florida Injury Attorney Blawg

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Jeffrey P. Gale, P.A. // Contending With Alcohol Issues in Motor Vehicle Crash Cases

Our firm represented a gentleman who sustained life-threatening injuries after being struck by an SUV while standing next to his incapacitated truck on the side of Interstate 95 in Broward County, Florida. (See blog photo.) The accident happened in broad daylight during rush hour traffic. Following a tire blowout, our client had pulled his semi-tractor trailer rig into…

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Jeffrey P. Gale, P.A. // Learn Basic Rules of Giving Sworn Testimony from Jeff Sessions’ Testimony to Congress

Countless times we have prepared witnesses to give sworn testimony. At the very outset we go over the basic rules: 1. Listen carefully to each question and make it is fully understood before answering; 2. Only answer the question asked. If that can be done with a simple yes or no, answer…

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Jeffrey P. Gale, P.A. // Florida Workers’ Compensation Law — Estoppel as a Response to Trickery and Neglect

Workers hurt on the job do not have an unlimited period of time in which to institute legal proceedings against employers and their insurance companies, herein collectively referred to as the “E/C,” to resolve disputes. Rights can be lost if not exercised timely. Florida statute 440.19 allows for the filing of a petition for benefits…

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Jeffrey P. Gale, P.A. // Navigating Florida’s Tricky Workers’ Compensation Statute of Limitations (SOL)

Florida’s workers’ compensation statute of limitations is outlined in section 440.19, Florida Statues (2017). The statute is particular with regard to the requirements workers’ compensation insurance carriers must satisfy to prevail on the SOL defense. This blog points out an approach not addressed in the statute which is used by carriers to bar claims through the…

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Jeffrey P. Gale, P.A. // Obtaining Multiple IMEs in Florida Workers’ Compensation Cases

Section 440.13(5)(e), Florida Statutes (2016) limits who may give medical opinions in Florida workers’ compensation cases. (e) No medical opinion other than the opinion of a medical advisor appointed by the judge of compensation claims or the department, an independent medical examiner, or an authorized treating provider is admissible in proceedings…

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Jeffrey P. Gale, P.A. // Striking the Proposal for Settlement in Florida Civil Cases

Forty plus years of misleading Big Business propaganda has left the American public with the false impression that bringing a personal injury lawsuit comes without risk to the plaintiff. People have come to believe, sometimes with righteous indignation, that most lawsuits are frivolous and result in the recovery of undeserved compensation without any negative consequences for…

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Jeffrey P. Gale, P.A. // Applying Florida Insurance Policy Per Person/Per Occurrence Coverage Limits in Wrongful Death Cases

Liability insurance policies issued in Florida that provide coverage for personal injuries contain a per person/per occurrence provision. The provision declares the limits of coverage available under the policy. The Florida Wrongful Death Act outlines who may be compensated for the wrongful death of a person caused by the intentional act or negligence of a…

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Jeffrey P. Gale, P.A. // Message from Florida Workers’ Advocates’ President

There is great strength in numbers. You realize that as an advocate for injured workers and a strong defender of civil justice in our state. This is the primary reason why the Florida Workers’ Advocates and the Florida Justice Association have joined forces to stand up for working people at the…

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Jeffrey P. Gale, P.A. // Florida Workers’ Compensation — Foxes Guarding the Henhouse

NCCI is the only entity that proposes rate increases/decreases to the Florida Office of Insurance Regulation (OIR). It is a private company that does not owe a fiduciary responsibility to the state’s residents. NCCI does not divulge its methodology or source information, calling it “proprietary.” In 2016, the workers’ compensation insurance industry sent…

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Jeffrey P. Gale, P.A. // Associated Industries of Florida Proposing Illusory Workers’ Compensation Legislative Changes

Stung from being held accountable by the Florida Supreme Court, Associated Industries of Florida (a/k/a Enemy of the People), commanded by Tom Feeney, he of the 2000 Presidential Election coup, is proposing, on behalf of itself and other workers’ compensation insurance companies, to abolish carrier-paid attorney’s fees. In Castellanos v. Next Door Company, the Florida…

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