In just about every personal injury and workers’ compensation case, the defense will seek the production of records from non-parties to the suit. The typical non-party targets are medical providers and insurance companies. In most instances, the records sought were not generated in connection with the subject case. The defense is looking for records
Jeffrey P. Gale, P.A. // Fundamentals Always Matter — Proximate Cause
In every negligence action for injuries or wrongful death the plaintiff must establish (1) a duty owed by the defendant; (2) the defendant’s breach of the duty; and (3) and that said breach proximately caused the damages claimed.
In negligence actions Florida courts follow the more likely than not standard of causation and require proof
Jeffrey P. Gale, P.A. // Limited Medical Choices for Claimants in Florida Workers’ Compensation Cases
Florida Statute 440.13 governs the provision of medical care under Florida’s workers’ compensation system. For the most part, the Employer and its insurance carrier — “E/C” — control the provision of medical care.
The most dominant aspect of this control is the right to select the injured worker’s treating doctors. Unfortunately, most of these
Jeffrey P. Gale, P.A. // Florida Workers’ Compensation — Devil in the Details
Every type of legal matter is governed by consequential procedural and substantive rules and regulations. Some are universal to every type of case, while some are unique to the particular legal matter.
Florida’s workers’ compensation system, in particular, has many unique rules and regulations of consequence. This blog will address one of them, the
Jeffrey P. Gale, P.A. // Florida Republican Gov. Ron DeSantis Signs Legislation Limiting Access to Courts in Personal Injury Cases
On March 24, 2023, Florida Governor Ron DeSantis signed into law a bill passed by the Florida Legislature aimed at limiting the rights of individuals from seeking and obtaining civil redress in the courts for personal injuries. The bill is House Bill 837. Parts of the bill became effective when it was signed by
Jeffrey P. Gale, P.A. // Response to Defendant’s Motion to Exclude Evidence
We have a case in which the defendant knowingly did the same thing after we sued him that he denied doing knowingly in our case. The thing he has denied doing forms the crux of our case.
The case is on the trial docket. In the lead-up to calendar call, defendant filed a Motion
Jeffrey P. Gale, P.A. // The Miles Fee Promotes Judicial Economy in Florida Workers’ Compensation Cases
With limited resources at their disposal, court systems nationwide endeavor to operate with judicial economy. This is one reason why the settlement of cases is encouraged.
Presently, Florida has twenty-nine judges of workers’ compensation claims (JCC) statewide to handle a workforce of some 10 million people. Each JCC’s docket is bursting at the seams.
Jeffrey P. Gale, P.A. // Transitory Substance Premises Liability Law in Florida
For purposes of this blog, a transitory substance is any solid or liquid substance, object, or item that is located in a place where it does not belong.
Certain legal standards must be met in order to prevail in a case for personal injuries caused by a transitory substance. Before Owens v. Publix Supermarkets, Inc.
Jeffrey P. Gale, P.A. // Insuring Against Damages in Florida Motor Vehicle Crash Cases
Accidents happen. Being properly insured for motor vehicle crashes is good for the insured and for persons harmed through the insured’s negligence.
Florida is one of only three states that does not require owners of motor vehicles registered in the state to maintain bodily injury (BI) insurance. Bodily injury insurance covers losses for economic (e.g.,
Jeffrey P. Gale, P.A. // Florida Workers’ Compensation Benefits for Undocumented Aliens
Injured employees are entitled to workers’ compensation benefits. Undocumented aliens are considered employees under Florida’s workers’ compensation system. Section 440.02(15)(a), Florida Statutes provides as follows:
“Employee” means any person who receives remuneration from an employer for the performance of any work or service while engaged in any employment under any appointment or contract for