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ARTICLE · 14 JUNE 2019

Florida Legislature Grapples With Economic Damages Issue

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.

United StatesLitigation, Mediation & Arbitration

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

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