Florida Injury Attorney BlawgMotor vehicle insurance companies are expert at finding ways of denying coverage under policies. The successful denial of coverage can leave the insured with significant burdens. The successful denial of coverage in Geico Indemnity Co. v. Walker, Case No. 4D20-764 (Fla. 4th DCA May 12, 2021), is a cautionary tale for Floridians, as the circumstances underlying […]
Search Results for: wrongful death
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. // 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 part of the insurance payments […]
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 damages caused by its employee […]
Jeffrey P. Gale, P.A. // Election of Remedy
Accident victims can sometimes bring a legal claim seeking compensation for their losses. They may even have the option of electing a remedy between personal injury common law and workers’ compensation statutory law. The choice can be consequential. Personal injury claims are cases at common law. In Florida, recoverable damages in personal injury claims include […]
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. // UM/UIM Benefits Not Subject to 440.39 Florida Workers’ Compensation Lien
An employee injured or killed in the course of his or her employment by the negligence or wrongful act of a third-party tortfeasor may receive workers’ compensation benefits and pursue a remedy by action at law against such third-party tortfeasor. (Where the employee has been killed, the third-party action will be handled through the decedent’s estate by a court […]
Jeffrey P. Gale, P.A. // Insurance Coverage for Bodily Injuries Sustained by “Uninsured” Motorcyclist
Our firm was recently retained by the grieving mother of a young adult killed in a motorcycle accident. Because her son was not married or the father of a child, she and the boy’s father can bring a civil claim for mental pain and suffering and funeral expenses against any party whose negligent conduct caused the accident. See §768.21(4) & (5) Florida Statutes. […]
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 disseminated to support these efforts […]