What Florida’s Tort Reform Means for Your Future Care
Key Takeaways: Florida’s 2023 tort reform law, HB 837, took effect on March 24, 2023, and changed what evidence a jury may hear about the cost of future medical care. Most changes generally apply to cases filed after that date. Under Fla. Stat. § 768.0427(2)(c), evidence may be offered of what the injured person’s health care coverage (other than Medicare or Medicaid) would pay. For uninsured people and those who have or qualify for Medicare or Medicaid, evidence may be offered of 120 percent of Medicare rates, or 170 percent of Florida Medicaid rates if Medicare has no rate. These figures are evidence the jury may consider, not a strict cap, and injured people may still present any evidence of reasonable future amounts to be billed for medically necessary care. Because the jury will weigh a life care plan against these lower benchmarks, a detailed plan backed by treating physicians, life care planners, and economists matters more than ever. The move to modified comparative negligence also means a person found more than 50 percent at fault generally cannot recover, except in medical negligence cases.
Florida’s 2023 tort reform law changed the evidence a jury may hear about the cost of future medical care. Before the reform, a life care plan was often built around a provider’s full billed charges. Now, under Fla. Stat. § 768.0427(2)(c), evidence may be offered of what the injured person’s health coverage would pay, or a benchmark tied to Medicare or Medicaid rates. If you or someone you love has a life-changing injury, knowing these rules can help protect your family’s financial security.
If you have questions about how these changes may affect a serious injury claim, the team at Furmanski Law Group is here to help. Call 305-900-6657 or contact us now to talk about your situation.
Understanding Florida Tort Reform 2023 and HB 837
HB 837 is the Florida civil remedies bill signed into law on March 24, 2023, and it took effect that same day. It changed many civil litigation rules, including how damages are proven and what evidence is allowed in court. Most changes generally apply to causes of action filed after the effective date. The official bill text, amendments, and vote history appear on the HB 837 bill tracking page maintained by OpenStates. Chapter 2023-15, Laws of Florida, holds the enacted version.
One of the biggest changes moved Florida from pure comparative negligence to modified comparative negligence. Under Fla. Stat. § 768.81(6), an injured person found more than 50 percent at fault for their own harm generally cannot recover any damages. This rule does not apply to personal injury or wrongful death claims arising from medical negligence. Fault questions are highly fact-specific, so the details of how your crash or fall happened carry real weight.
The Statute at the Center of Medical Damages
Fla. Stat. § 768.0427 is the main law controlling what evidence may be admitted to prove medical expenses in Florida personal injury and wrongful death cases. It also covers disclosure of letters of protection and limits recovery of past and future medical expenses. You can read the full text in Florida Statutes Chapter 768 on the Florida Senate website.
How the Law Treats Past and Future Medical Bills Differently
The statute treats past medical bills and future medical costs very differently. For past bills that have been satisfied, Fla. Stat. § 768.0427(2)(a) limits the evidence to the amount actually paid, no matter who paid it. For past bills that are still unpaid, Fla. Stat. § 768.0427(2)(b)1.-5. allows several kinds of evidence, including amounts the injured person’s coverage would pay, 120 percent of the Medicare rate or 170 percent of the Florida Medicaid rate, the price a factoring company or other third party paid for a transferred letter-of-protection receivable, and evidence of reasonable amounts billed.
Future medical expenses may be proven with a broader set of evidence. Fla. Stat. § 768.0427(2)(c) states that this evidence "shall include, but is not limited to" certain listed categories, so the listed categories are not the only evidence allowed.
| Injured Person’s Coverage Situation | Evidence the Jury May Hear About Future Costs | Statute |
|---|---|---|
| Has or is eligible for health care coverage other than Medicare or Medicaid | What that coverage would pay, plus the injured person’s own share of costs under the policy | Fla. Stat. § 768.0427(2)(c)1. |
| Uninsured, or has or is eligible for Medicare or Medicaid | 120% of the Medicare rate in effect at trial, or 170% of the Florida Medicaid rate if Medicare has no rate | Fla. Stat. § 768.0427(2)(c)2. |
| Any injured person | Any evidence of reasonable future amounts to be billed for medically necessary care | Fla. Stat. § 768.0427(2)(c)3. |
Private Insurance and Negotiated Rates
If the injured person has or is eligible for health care coverage other than Medicare or Medicaid, the jury may hear what that coverage would pay for future care. This includes the injured person’s own costs under the policy, such as deductibles and co-pays. A life care plan may be compared against lower, insurer-negotiated rates instead of full billed charges. Defense teams often use this evidence to argue for a smaller award.
Medicare, Medicaid, and Uninsured Patients
For uninsured injured people, or those who have or qualify for Medicare or Medicaid, the statute points to a different benchmark. Evidence may include 120 percent of the Medicare reimbursement rate in effect at the time of trial. If Medicare has no rate for a service, the benchmark becomes 170 percent of the applicable Florida Medicaid rate.
Building a Strong Life Care Plan in a Catastrophic Injury Case
A well-supported life care plan may still help prove the full cost of future care. Fla. Stat. § 768.0427(2)(c)3. lets the injured person present any evidence of reasonable future amounts to be billed for medically necessary treatment or services. However, the jury may weigh that evidence against the coverage-rate and Medicare- or Medicaid-rate evidence, so the quality of the plan matters more than ever.
A strong plan is usually built from the injured person’s real medical needs over a lifetime. For someone with a spinal cord injury, traumatic brain injury, or amputation, those needs can last decades. A thorough plan may include:
- Ongoing physician visits, therapy, and rehabilitation
- Medications, medical equipment, and replacement schedules
- Home modifications and accessible transportation
- Attendant care, nursing, or long-term residential care
- Future surgeries or procedures supported by treating providers
Expert testimony on the present value of future care is likely to face closer scrutiny. Testimony from qualified life care planners, treating physicians, and economists may need to address both reasonable billed amounts and the statutory benchmarks.
💡 Pro Tip: Keep a simple daily journal of care needs, help from family members, and out-of-pocket costs. These details can help a life care planner build a plan that reflects how the injury truly affects your household.
Common Challenges Families Face After the Reform
The most common challenge is that defendants and their insurers now have new tools to argue for lower future medical damages. They may present coverage-rate or Medicare-based figures that look much smaller than a life care plan’s totals. A jury then has to decide which evidence best reflects reasonable future costs.
Another challenge involves access to evidence about insurer rates. Under Fla. Stat. § 768.0427(2)(d), the statute does not create a duty to seek a reduction in billed charges that the injured person has no contractual right to. Under § 768.0427(2)(e), individual contracts between providers and authorized commercial insurers or HMOs are not subject to discovery or disclosure and are not admissible. As a result, evidence of insurer rates usually comes from other sources, which can lead to disputes over reliability.
Why Insurance Status Matters
Your health coverage status can directly shape which benchmarks the defense may use. Someone who is merely eligible for coverage may still face coverage-rate or Medicare-rate evidence, even if not enrolled. This area is still being worked out in Florida courts. Speaking with a life care plan catastrophic injury lawyer early can help you understand how your coverage may come into play.
💡 Pro Tip: Gather copies of every health insurance card, policy document, and Medicare or Medicaid notice in your household. Coverage details that seem minor can affect how future care costs are presented at trial.
Preparing for a Catastrophic Injury Trial Under the New Rules
Preparing for a catastrophic injury trial now means preparing for a fight over numbers. Insurers who refuse a fair settlement may rely on the 2023 changes to push down the value of future care. A case ready for trial, with a carefully documented life care plan, can be better positioned to answer those arguments. No approach can guarantee a particular result.
Daniel Furmanski handles cases personally as the sole attorney at Furmanski Law Group. His personal injury background includes prior agency-side experience, which gives him insight into how the other side looks at medical damages. Families work directly with him rather than being passed between staff members. You can find more guides on Florida tort reform 2023 and injury claims in our resource library.
Frequently Asked Questions
1. Can I still use a life care plan after Florida’s tort reform?
Generally, yes. Under Fla. Stat. § 768.0427(2)(c)3., you may present any evidence of reasonable future amounts to be billed for medically necessary care. The jury may also hear coverage-rate or Medicare- or Medicaid-rate evidence, so the plan should be well supported.
2. Does the 120 percent Medicare figure cap my future medical expenses?
No. Fla. Stat. § 768.0427(2)(c)2. lists it as admissible evidence, not as a cap. The "include, but is not limited to" wording means other evidence may also be considered.
3. Why does my health insurance matter if someone else caused my injury?
If you have or are eligible for health care coverage other than Medicare or Medicaid, Fla. Stat. § 768.0427(2)(c)1. allows evidence of what that coverage would pay for future care, as a comparison point against your life care plan.
4. Can I be barred from recovering if I was partly at fault?
Under Fla. Stat. § 768.81(6), an injured person found more than 50 percent at fault generally cannot recover damages. This bar does not apply to medical negligence cases. If your share of fault is 50 percent or less, your recovery may be reduced by that percentage.
5. Are past medical bills treated the same way as future costs?
Generally, no. Under Fla. Stat. § 768.0427(2)(a), evidence for satisfied past bills is limited to the amount actually paid. Future costs may be proven with a broader range of evidence.
Protecting Your Family’s Future After a Serious Injury
Florida’s 2023 tort reform changed how juries look at the cost of future medical care, but it generally did not remove your ability to present evidence of what you truly need. A detailed, well-supported life care plan remains one of the most important tools in a catastrophic injury claim. Every case is different, so talking with an attorney about your specific facts is an important step.
You do not have to work through these new rules alone. Contact Furmanski Law Group today. Call 305-900-6657 or schedule your free consultation to talk directly with Daniel Furmanski about your family’s future care.
Disclaimer: This content is for informational purposes only and is not legal advice. Every case is unique, and results may vary. Consult an attorney about your specific circumstances.