Litigants seek probative evidence to prove their cases through procedural discovery methods. In personal injury cases, incident reports describing the circumstances of the accident typically contain valuable information. Defendants usually oppose turning over incident reports to plaintiffs. The argument is that the incident report was prepared in anticipation of litigation…
Florida Injury Attorney Blawg
Jeffrey P. Gale, P.A. // Peer Review in Florida Workers’ Compensation
The Oxford Dictionary defines peer review as “a judgment on a piece of scientific or other professional work by others working in the same area.” It is a commonly used procedure with a variety of scientific and medical matters. Florida’s workers’ compensation statutes are located in Chapter 440. Peer review…
Jeffrey P. Gale, P.A. — Arbitration is Un-American
The 7th Amendment to the United States Constitution, ratified in 1791, codifies the importance of jury trials in civil cases to the framework in the American Way. Here is the amendment’s simple language: In suits at common law, where the value in controversy shall exceed twenty dollars, the right of…
Jeffrey P. Gale, P.A. // Consider Gross Negligence to Avoid Florida Workers’ Compensation Immunity
During every initial workers’ compensation client interview, I spend time explaining that Florida’s workers’ compensation system does not pay benefits for non-economic damages such as pain and suffering. Most people don’t know this. I reiterate the point during various stages of the case, especially as we approach settlement discussions. Nothing…
Jeffrey P. Gale, P.A. // Considerations Concerning Cash Advance Funding of Florida Personal Injury and Workers’ Compensation Cases
The competition to advance money to those injured in accidents is fierce. The reason for the fierce competition is the potentially high rate of return on the investment. Numerous companies, some large with a national presence, engage in the competition. Because their only security is the injury case itself (workers’…
Jeffrey P. Gale, P.A. // Can a Treater be an IME Under Florida’s Workers’ Compensation Laws?
Florida’s workers’ compensation system, located in Chapter 440 of the Florida Statutes, follows its own unique set of rules and procedures. One of the more unusual and challenging is the limitation set forth in section 440.13(5)(e) regarding who may provide expert medical opinions: No medical opinion other than the opinion…
Jeffrey P. Gale, P.A. // Florida Workers’ Compensation Medical Authorization Legal Nuggets
Florida employers and their workers’ compensation insurance carriers, often referred to in combination as the “E/C,” are obligated under Florida Statute 440.13(2)(a) to “furnish to the employee such medically necessary remedial treatment, care, and attendance for such period as the nature of the injury or the process of recovery may…
Jeffrey P. Gale, P.A. // “Objective Relevant Medical Findings” Only Required in Florida Workers’ Compensation Cases to Prove Compensability
Florida’s workers’ compensation system has its own unique set of laws. One of these concerns the burden claimants bear in establishing the compensability of injuries. Per section 440.09(1), Florida Statutes, the injury “must be established to a reasonable degree of medical certainty, based on objective relevant medical findings, and the…
Jeffrey P. Gale, P.A. // The Federalist Society Opposes Civil Jury Trials for Average Citizens
The Seventh Amendment to the United States Constitution provides as follows: In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the…
Jeffrey P. Gale, P.A. // Unrelated Works Exception to Workers’ Compensation Immunity Does Not Apply to Employees of a Different Subcontractor
It is the job of every injury lawyer to maximize the client’s recovery. Sometimes when a person is hurt at work, more than one remedy is available. Workers’ compensation is one remedy. Civil law is another. Florida’s workers’ compensation laws do not allow for the recovery of noneconomic damages such…