Personal Injury

The recently introduced Florida statute sets the admissible evidence parameters for medical treatment and service expenses in personal injury and wrongful death cases. Despite its intent to regulate claimable medical expenses, the statute negatively impacts Florida's citizens in several ways: Limited claimable expenses: By restricting the evidence for claimable medical expenses to specific amounts and sources, the statute may undervalue the actual costs of medical treatments and services. Consequently, Floridians may receive inadequate compensation for their medical expenses. Added burden for the uninsured or underinsured: The statute places uninsured or underinsured individuals at a disadvantage by limiting admissible evidence for medical expenses to the Medicare reimbursement rate or 140% of the applicable state Medicaid rate. These rates might not accurately represent the true cost of medical treatments, making it more challenging for these citizens to recover their medical expenses. Complicated procedural requirements: The statute imposes complex procedural requirements, such as mandatory disclosures related to letters of protection and itemized billing statements. These extra steps may burden claimants, complicating the legal process and hindering their ability to obtain compensation for their injuries. Constraints on future medical expenses: The statute restricts the evidence for future medical expenses, potentially leading to insufficient compensation for ongoing or future treatments. This constraint may disproportionately impact individuals with chronic or long-term medical conditions requiring continued care. In summary, this new Florida statute presents significant obstacles for citizens pursuing compensation for medical expenses in personal injury or wrongful death cases. It will particularly hurt those cases in small towns, like Fort Myers car accidents.  The restrictions on admissible evidence and procedural requirements are likely to result in inadequate compensation for medical expenses, further burdening injured individuals and their families.