Medical bills are a central piece of an injury claim, and Florida changed how a jury sees them. Section 768.0427 of the Florida Statutes now limits the evidence a claimant can use to prove those expenses. Knowing the rules early affects how treatment is arranged and documented.
Florida Law Now Controls Which Bills a Jury Sees
Section 768.0427 of the Florida Statutes, enacted by chapter 2023-15, Laws of Florida, sets what evidence of medical expenses is admissible. For bills that have already been paid, evidence is limited to the amount actually paid, regardless of who paid it.
Unpaid bills follow a different path. Admissible evidence can include the amount the claimant’s health coverage would pay plus the claimant’s share. For an uninsured claimant, or one on Medicare or Medicaid, the evidence can be 120 percent of the Medicare reimbursement rate, or 170 percent of the state Medicaid rate when no Medicare rate applies. Reasonable amounts billed for medically necessary care can also come in.
Letters of Protection Carry Extra Disclosure Duties
A letter of protection covers treatment given in exchange for a promise of payment from a judgment or settlement. A claimant who relies on one must disclose the following before claiming those expenses:
- A copy of the letter of protection
- Itemized billings with the required diagnosis and procedure codes
- The name of any factoring company that bought the receivable, and the price it paid
- Whether the claimant had health coverage at the time of treatment, and its identity
- Whether a provider referred the claimant under the letter, and who made the referral
The statute allows disclosure of attorney referrals, and it treats the financial relationship between a law firm and a provider as relevant to a provider’s bias. That makes the paper trail around treatment important. Gaps in that record are among the errores comunes en las reclamaciones that can weaken a case.
Recoverable Damages Have a Ceiling
Under subsection (4), recoverable medical damages can’t exceed the evidence admitted under subsection (2). They also can’t exceed the total of amounts already paid, amounts due and owing at trial, and amounts needed for reasonable future care. Future care is measured against similar benchmarks as of the time of trial. Clients can have a Boca Raton personal injury lawyer compare their bills against these limits before a claim is valued.
Medical expenses are only one part of a claim. Florida injury damages also include losses such as pain and suffering and lost income, and those categories are separate from the billing evidence this statute governs.
Valuing those losses follows a different method than totaling bills, which is why pain and suffering settlements are worth understanding separately. The billing statute doesn’t set a formula for them.
Treatment Decisions Shape the Record
Prompt, appropriate care helps a patient recover, and it builds the record too. Keep copies of everything. Save every bill, explanation of benefits, and referral note, and tell each provider how the injury happened. If a provider offers treatment under a letter of protection, ask for a copy and file it with the other paperwork.
People hurt in a crash can ask a Boca Raton car accident lawyer how these rules apply to a treatment plan before bills start to pile up. The same question applies to any patient treated under a letter of protection.
Early Records Carry Weight at Trial
Documents that seem routine at the start of treatment can become exhibits later. A billing code, a referral note, or a coverage letter may all end up in front of a jury, so they’re worth keeping in order. The same applies to premises claims, and a Boca Raton slip and fall lawyer can help someone hurt on another person’s property organize those papers.
Named partners Aaron Warner and Elissa Fitzmartin of Warner & Fitzmartin Abogados de Lesiones Personales go through these records with each client before a claim reaches litigation. Elissa, a University of Miami School of Law graduate, has been recognized as a Top Lawyer by the Boca Raton Observer, and Aaron is a Life Member of the Million Dollar Advocates Forum.
Billing rules decide how much of a medical history reaches a jury. A Boca Raton resident hurt in a crash can get in touch with us early, and we’ll go over how the paperwork should be handled.
