Recoverable Damages
What is an injury claim actually worth? Florida recognizes several categories of damages — and a 2023 change altered how medical bills are presented to a jury. Here is the breakdown.
The Categories
Florida injury damages fall into three broad categories:
Non-economic: pain and suffering, mental anguish, loss of enjoyment of life, disfigurement.
Punitive: in limited cases of intentional misconduct or gross negligence (§ 768.72).
How HB 837 Changed Medical Damages
The 2023 reform changed how medical expenses are proven. Rather than showing a jury the full "sticker price" of medical bills, the law now generally limits the evidence to amounts actually paid or the amounts payable under health coverage, along with new disclosure rules around "letters of protection." This tends to reduce the medical-damages figure a jury sees.
The No-Fault Threshold
Remember that in auto cases, recovering non-economic damages (pain and suffering) generally requires meeting the serious-injury threshold, because Florida is a no-fault state. Building the medical proof to establish that threshold is often central to the value of a car-accident claim.
Frequently Asked Questions
What damages can I recover in a Florida injury case?
How did HB 837 change medical bills in injury cases?
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