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Florida Injury Attorney Blawg

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Jeffrey P. Gale, P.A. // Florida Personal Injury Litigation: No Such Thing as a “Facebook Privilege”

Insurance companies and their defense attorneys seek any shred of evidence to discredit plaintiffs. Facebook and other social medial have become a fertile field for this type of evidence. Personal injury cases include claims for economic and noneconomic damages. Facebook photographs and comments can contradict these claims. Photographs from the…

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Jeffrey P. Gale, P.A. // Florida Personal Injury Nondelegable Duty Case Study

Earlier this year our law firm participated in a one week jury trial against a condominium association and a general contractor seeking damages for personal injuries sustained by our client, an elderly woman. The association hired the general contractor to rebuild a wood dock that ran, unimpeded, behind each condo…

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Jeffrey P. Gale, P.A. // Florida Workers’ Compensation Liens — 440.39, the Manfredo Formula, etc.

Maximizing the client’s net recovery should be a primary focus in every case. Court costs, litigation and medical expenses, and insurance liens are elements often charged against the gross recovery. One of the insurance liens is a creature of Florida Statute 440.39(2). This lien comes into play when a person…

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Jeffrey P. Gale, P.A. // Florida Personal Injury Law: Inconsistent vs. Inadequate Verdicts

Florida civil trial juries are given wide latitude in resolving factual conflicts. A verdict supported by evidence will be allowed to stand even if other evidence backs a contrary result. However, inconsistent and inadequate verdicts must be modified or reversed. An “inconsistent” verdict can only be corrected by the jury…

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Jeffrey P. Gale, P.A. // Florida Personal Injury Law: Zero Verdict for Pain & Suffering [can be] Inadequate as a Matter of Law

In Parrish v. City of Orlando, 53 So.3d 1199 (Fla. 5th DCA 2011), the plaintiff suffered a comminuted proximal humerus fracture in her left shoulder from tripping and falling on an uneven sidewalk. The jury awarded $51,929.02 for past medical expenses, and $130,000 for future medical expenses. However, the jury…

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Jeffrey P. Gale, P.A. // Florida Workers’ Compensation: Don’t Fall Into PTD Supplemental Payments Trap

Some of Florida’s most severely injured workers may qualify for Permanent Total Disability (PTD) benefits under Section 440.15(1) Florida Statutes. In the absence of a catastrophic injury such as a spinal cord injury involving severe paralysis, amputation of an arm, a hand, a foot, or a leg, severe brain or…

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Jeffrey P. Gale, P.A. // Florida Workers’ Compensation Law: Compensability of Accidents During Company Sanctioned Activities

Our firm has been hired by a woman who recently sustained a serious leg injury while walking back to her car from a company sponsored holiday party. The employer has refused to provide workers’ compensation benefits, claiming that the accident did not happen in the course and scope of employment.…

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Jeffrey P. Gale, P.A. // Florida Personal Injury Law: Tenuous Reasoning Allows Admission of Prejudicial Evidence

Getting the injured party fully compensated for the cost of future medical care is a primary concern in most personal injury cases. The Plaintiff has one shot in court to get the jury to award an adequate amount of money to cover the cost of these future medical expenses. Expert…

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Jeffrey P. Gale, P.A. // Florida Workers’ Compensation PTD/SSD Offset Vis-a-Vis ACE & AWW

Injured workers who qualify for workers’ compensation permanent total disability benefits (PTD) under Florida Statue 440.15(1), receive 66-2/3% of their average weekly wage (AWW) payable biweekly. Such injured workers may also qualify for Social Security Disability (SSD) monetary benefits payable monthly. The sum of the two benefits may exceed 100%…

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