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Articles Posted in florida supreme court

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Jeffrey P. Gale, P.A. // Florida’s “Free Kill” Law: A Legal Loophole That Still Denies Grieving Families Justice

Since 1990, Florida has enforced a statute commonly referred to as the “Free Kill” law. Codified at Section 768.21(8) of the Florida Wrongful Death Act, this provision creates a glaring exception in an otherwise remedial framework intended to support grieving families. The legislative intent behind the Wrongful Death Act, as…

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Jeffrey P. Gale, P.A. /// Spouse Married Post-Accident Entitled to Florida Wrongful Death Damages

In Ripple v. CBS Corp., 385 So.3d 1021 (Fla. 2024), the Florida Supreme Court held that a spouse who married the decedent after the onset of the injury that caused the decedent’s death can recover damages as a “surviving spouse” under section 768.21(2) of the Florida Wrongful Death Act (the…

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Jeffrey P. Gale, P.A. // Proxy Republican Legislators Kill Efforts to Abolish Florida’s “Free Kill” Medical Malpractice Law

Since 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…

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