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Florida Injury Attorney Blawg

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Jeffrey P. Gale, P.A. // Personal Injuries Sustained in Subsequent Accident May Be Compensable

We currently represent an elderly woman who was knocked down in the hallway of her condominium building by a large, unleashed dog. She fell and struck her head on the ground. In the days following the event, she had headaches and was lightheaded. While taking a shower, she fainted. As…

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Jeffrey P. Gale, P.A. // Florida Politicians Do Not Like “We the People”

Within the past two weeks, three bills limiting the rights of everyday citizens to control how they are governed were signed into law in Florida. On May 10, 2021, Florida Governor Ron DeSantis signed Senate Bill 1890. The bill places a $3,000 cap on contributions to political committees trying to…

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Jeffrey P. Gale, P.A. // Florida Statute Creates Presumption Entitling Firefighters and Law Enforcement or Correctional Officers to Workers’ Compensation Benefits

Unless you are a firefighter or any law enforcement officer, correctional officer, or correctional probation officer, in order to receive workers’ compensation benefits under Chapter 440 of the Florida Statutes for any condition or impairment of health caused by tuberculosis, heart disease, or hypertension, the burden will be on you…

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Jeffrey P. Gale, P.A. // Severely Injured Uber Eats Operator Fighting for Compensation in Florida

We represent a young man who was severely injured in a roadway accident while making a delivery for Uber Eats. He was struck by a phantom motor vehicle (i.e., unidentified vehicle) while riding his bicycle and left to die by the side of the road. He was discovered and transported…

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Jeffrey P. Gale, P.A. // Dealing With Medical Payments Made by the Wrong Entity During a Pending Florida Workers’ Compensation Case

It is not unusual for entities other than the workers’ compensation insurance carrier to pay medical expenses following a work-related accident. The most common payors are health insurance carriers, Medicare, and Medicaid. (PIP (a/k/a “No Fault”) insurance also pays if the accident involves motor vehicles, but since their rights are…

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Jeffrey P. Gale, P.A. // Dealing With Defendant’s Formal Bankruptcy Proceedings During Pending Personal Injury Case

Every citizen of this state should know that the only thing compelling personal injury liability insurance companies to voluntarily pay claims is the threat of being sued for bad faith. Liability insurance companies have a legal obligation to act in the best interests of their insureds. Boston Old Colony Ins.…

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Jeffrey P. Gale, P.A. // Obtaining Defendant’s Medical Records to Benefit Plaintiff’s Personal Injury Case

A patient’s medical records enjoy a confidential status by the right to privacy in Article I, Section 23 of the Florida Constitution. State v. Johnson, 814 So. 2d 390, 393 (Fla. 2002). “Florida law, however, also recognizes that this confidentiality right is not absolute, and provides for the disclosure of…

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Jeffrey P. Gale, P.A. // Time to Overturn Florida’s Medical Malpractice “Free Kill” Statute

Civil disputes arising from death due to negligence are governed by statutes 768.16-768.26, known as the “Florida Wrongful Death Act.” Section 768.17 sets forth the legislative intent of the Act: “It is the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors…

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Jeffrey P. Gale, P.A. // Florida Workers’ Compensation SSD Offset and Attorney’s Fees

Florida workers injured in the course and scope of their employment may end up receiving simultaneously both workers’ compensation indemnity (money) benefits under Florida Statute 440.15 and Social Security Disability benefits under 42 U.S.C. s. 423. When this happens, Federal law and Florida law provide that the combined benefits shall…

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Jeffrey P. Gale, P.A. // Florida Workers’ Compensation: Establishing Medical Necessity by Operation of Law (Statutes 440.13(3)(d) and (i)

Workers’ compensation employers and carriers (“E/C”) “shall furnish to the employee … medically necessary remedial treatment, care and attendance….” See s. 440.13(2)(a), Florida Statutes. 440.13(1)(k) defines “medically necessary” as follows: “Medically necessary” or “medical necessity” means any medical service or medical supply which is used to identify or treat an…

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