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Florida Injury Attorney Blawg

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Jeffrey P. Gale, P.A. // Resolving Health and Disability Insurance Liens in Personal Injury Cases Under Florida Statute 768.76

It is common for medical bills incurred in Florida personal injury cases to be paid by health insurance. Some people injured in accidents also receive private disability insurance benefits. Most health and disability insurance policies afford insurance carriers subrogation or reimbursement rights against the insured who has recovered all or…

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Jeffrey P. Gale, P.A. // Example of State Farm’s Callous Indifference to Human Suffering

While recently researching a Florida legal matter, I came upon this Utah Supreme Court case — Hill v. State Farm Mutual Insurance Company. It demonstrates a shocking indifference by a billion dollar insurance company towards the feelings of grieving family members whose loved ones were killed in a crash caused…

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Jeffrey P. Gale, P.A. // UM/UIM Not Subject to Florida Workers’ Compensation Lien. However, Beware!

Workers injured in motor vehicle crashes while in the course and scope of employment may be eligible for compensation through uninsured/under-insured (UM/UIM) motor vehicle insurance. UM covers losses sustained by the insured, passengers, and family members through the fault of a party who fails to maintain Bodily Injury (BI) insurance. Hit-and-run and…

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Jeffrey P. Gale, P.A. // Permanent Injury Not Required if Tortfeasor Does Not Have Insurance Policy Complying With Florida PIP Law

Florida is one of only a handful of states that operates under a No-Fault system for paying medical expenses incurred in connection with motor vehicle accidents. Florida’s No-Fault Law, commonly referred to as “PIP” (personally injury protection, is contained in sections 627-730-627.7405 of the Florida Statutes. There is a dollar…

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Jeffrey P. Gale, P.A. // Benefiting From Vicariously Liable Defendants in Florida Personal Injury Cases

Personal injury cases can have both active and passive tortfeasors, with both being legally responsible for compensating the injured party. The passive tortfeasor’s liability arises from the legal principle known as vicarious liability. Consider these examples: In Florida Under the principle of respondeat superior, an employer is responsible for the…

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Jeffrey P. Gale, P.A. // Past Medical Expenses as Measure of Future Medical Expenses and Personal Injuries

A key objective of every civil law defense attorney is to limit the amount of money his or her client, the defendant, must pay to the suing party, the plaintiff. In Florida cases involving personal injuries, the damages for which the defendant may be held responsible for compensating the plaintiff…

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Jeffrey P. Gale, P.A. // Shifting Legal Defense Theories in a Workers’ Compensation Case and Trump’s Impeachment Trial

Trump’s shifting legal defense reminds me of one of our firm’s more interesting past cases. We represented a lady who fell and suffered a badly broken bone in her leg because of a dangerous condition on her employer’s property. At the time of the accident she had multiple sclerosis, but…

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Jeffrey P. Gale, P.A. // Don’t Be a JUUL Fool!

First, harsh reality: Like traditional cigarettes, JUUL contains nicotine. Nicotine causes addiction by stimulating the release of neurotransmitter chemicals such as dopamine and serotonin which activate pleasure hormones in the brain. The addictive cycle results from the compulsion of users to chase the pleasure high. Combined with a smooth vapor,…

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Jeffrey P. Gale, P.A. // Uninsured Motorist (UM)/Underinsured Motorist (UIM) Insurance — Don’t Leave Home Without It

We have represented many people who have benefited from having UM/UIM insurance. We have represented many more people who have lost out by not maintaining the coverage. UM covers losses sustained by the insured, passengers, and family members through the fault of a party who fails to maintain Bodily Injury…

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Jeffrey P. Gale, P.A. // Liability of Bailor for Personal Injury Damages

We are representing a gentleman who was struck by a pickup truck just before sunrise while walking to a bus stop on his way to work. The driver turned quickly without warning from a main road onto a small side street while our client was halfway across after looking both…

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