– Florida law restricts recovery of future medical expenses to those expenses “reasonably certain” to be incurred.
– Evidence must be provided to support that future medical services are reasonably certain to occur.
– Awarding damages for future medical expenses cannot be based on the mere possibility of obtaining certain treatment in the future.
– Proof of special [past] medical damages for personal injuries should be offered to show that the medical services were rendered, reasonable charges, necessity, and relation to the trauma suffered in the accident.
– Florida Standard Jury Instruction 501.2(b) provides the basis of how a jury is to award damages for medical expenses. Specifically, it states the reasonable value or expense of hospitalization and medical care and treatment received in the past or to be received in the future. – House Bill 9/Senate Bill 1668 aims to require medical expenses in personal injury claims to be based on usual & customary amounts received.
– If the bill becomes law, juries will be allowed to use usual and customary charges as evidence to calculate past, present, or future medical expenses.
– The bill would add subsection 2 to Florida Statute 768.042, requiring evidence of medical expenses to be based on usual and customary charges in the community where the expenses were incurred. 1. Jury’s rely on evidence of past expenses and expert testimony to determine future medical expenses.
2. The proposed new methodology for calculating future medical expenses is consistent with Florida’s current methodology for calculating PIP reimbursement under Florida No-Fault Law.
3. The bill aims to prevent the utilization of evidence of inflated costs through the use of a letter of protection.
4. The proposed methodology will decrease the opportunity for plaintiffs to present evidence of inflated costs.
https://roiglawyers.com/insights/possible-changes-to-florida-damages-statute-florida-statute-768-042-in-personal-injury-cases/
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