Tampa, Fla. (May 31, 2019) - In the state of
Florida, defendants often fall victim to inflated verdicts. Laws
currently allow a plaintiff to present evidence of medical expenses
that do not accurately reflect a plaintiff's actual economic
damages. This can result in significantly unfair verdicts. The
Florida legislature attempted to address this issue in their last
session.
Currently, in cases involving private insurance, plaintiffs are
allowed to present to the jury the entire amount billed rather than
the amount actually due to the provider after contractual
adjustments. In those cases, the possibility of an inflated verdict
amount exists because the courts reduce the economic award
post-verdict. In other words, the jury is unaware of the amount due
to the providers after insurance reductions which has the potential
to create an inflated perceived value for the claim. To make
matters worse, many trial courts are allowing plaintiffs to present
a gross amount even in