Florida Injury Attorney BlawgSince 1990, Florida has maintained a statute that has come to be commonly referred to as the “Free Kill” law. The statute, section 768.21(8), is located in the damages portion of the Wrongful Death Act. The legislative intent of the Wrongful Death Act is set forth in section 768.17: It is the public policy of […]
Search Results for: Florida's Wrongful Death Act
Jeffrey P. Gale, P.A. // Difference Between Workers’ Compensation Lien and Medicare Lien in Death Cases
A lien is a claim held by a party against the settlement or judgment in a personal injury or death case for reimbursement of damages it has paid in the case. This blog will discuss two types of liens commonly arising in death cases, the Medicare lien and the workers’ compensation lien. Medicare pays medical […]
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 as pain and suffering. Workers’ […]
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 of the decedent to the […]
Jeffrey P. Gale, P.A. // Election of Remedy Key to Pursuing Civil Action for Personal Injuries Against Employers and Subcontractors
Florida statute 440.11 precludes workers injured on the job from recovering damages from the employer at law or in admiralty on account of such injury or death. Damages at law or in admiralty include non-economic damages such as pain and suffering. It is a common law remedy. Damages for pain and suffering are not available […]
Jeffrey P. Gale, P.A. // Florida’s Workers’ Compensation Immunity
The day after Jeb Bush suspended his run for the Republican presidential nomination, I read a quote in the Miami Herald from a South Carolina voter expressing dismay because she believed Bush was a good man who cared about disabled people. My immediate thought was, this woman does not know Jeb Bush … or at least the Jeb Bush who […]
Jeffrey P. Gale, P.A. // Florida Wrongful Death Cases – Do Not Ignore Medical Expenses
We have blogged at length regarding the decision-making role of estate Personal Representatives with regard to the allocation of monetary proceeds recovered from at-fault parties and under/uninsured motorist insurance. Where the amount recovered is less than the full measure of damages, disputes often arise between creditors and the decedent’s survivors over the PR’s allocation decisions. When those disputes cannot be resolved by […]
The Perfect Storm — Drastic Changes Likely in Florida’s Workers’ Compensation System
Since at least 2002, when Jeb Bush and a super-majority of Republicans passed legislation eliminating important workers’ rights, Florida’s workers’ compensation system has been unfair and unbalanced. One circuit court judge has declared it unconstitutional — Florida’s Workers’ Compensation System Unconstitutional, So Says 11th Circuit Court Judge Jorge Cueto. The time is approaching when the […]
Florida’s Second DCA Defines the Word “Loans” Under Dangerous Instrumentality Statute
Vicarious liability has been recognized in Florida since 1920. Southern Cotton Oil Co. v. Anderson, 80 Fla. 441, 86 So. 629 (1920). As applied to motor vehicles, the legal concept allows the owner of a vehicle to be held liable without fault for damages caused by the negligent operation of the vehicle by a consensual […]
Power to the People! Florida’s Arbitrary and Capricious Medical Malpractice Damage Caps Declared Unconstitutional
On March 13, 2014, the Florida Supreme Court, by its decision in McCall v. United States of America, exposed the fraud of “Tort Reform” perpetrated on the American public by Karl Rove, George Bush, Jeb Bush and others of that ilk. Michelle McCall, a U.S. military veteran, died from shock and cardiac arrest as a […]