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Florida Injury Attorney Blawg

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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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Jeffrey P. Gale, P.A. // Florida Motor Vehicle Accident Law: Vicarious Liability and Negligent Entrustment Create Liability

Florida motor vehicle owners beware! You can be held to account for accidents caused by other drivers even when you are nowhere near the crash scene. Because motor vehicles, like guns, in the wrong hands and used improperly are likely to cause great damage, Florida motor vehicle owners are liable…

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Jeffrey P. Gale, P.A. // Florida Personal Injury Law: Medical Lien Cutoff Dates

It is not uncommon in personal injury cases that some medical bills are paid by health insurance and Medicare. These payments should not be ignored by any of the parties to the personal injury case, especially the injured party. These sources must be repaid from the proceeds of any recovery…

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Jeffrey P. Gale, P.A. // Tort “Reform” (Deform) Endangers Us All

On December 31, 2014, an article published in the Business Section of the Miami Herald, illustrated with chilling clarity the dangers posed by so-called tort reform. In a nutshell, “tort reform” is the movement supported by right-wing interest groups to block and limit recoveries in personal injury cases. The propaganda…

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