What Florida Juries Can See About Your Medical Bills in 2025

After a crash, the hospital bill that lands in your mailbox can be shocking. In Florida, that number is usually not what a jury will see. Since 2023, the law has focused on what was actually paid or is payable for your care, and it adds disclosure rules when treatment happens under a letter of protection. Those rules are now in section 768.0427 of the Florida Statutes and they control how medical expenses are proven at trial.

What counts for past medical expenses

Think of your bills in two columns: billed and paid. Florida pushes the case toward the paid column. If insurance or a public program satisfied part of the bill, the evidence centers on those amounts and your out-of-pocket share. If a provider treated you under a letter of protection, the law requires transparency about the provider’s usual charges, what major payers typically pay for the same service, and whether the account was sold to a finance company. The goal is to ground the number in real payments, not list prices, under the paid or payable standard. 

Timing matters. Florida’s Fifth District Court of Appeal held in Wolf v. Williams (Fla. 5th DCA 2024) that section 768.0427 does not apply retroactively. Cases filed before March 24, 2023 proceed under the prior framework; cases filed on or after that date follow the new limits. Your lawyer should check this at intake and again before mediation so negotiations match what the jury will actually hear. 

How future medical costs are proven

Future care is not a guess. Courts expect estimates tied to what your doctors actually recommend and to benchmark rates that reflect what payers reimburse in your area. Plans that translate therapy, imaging, injections, or surgery into the standardized billing language providers use are more persuasive than list prices no one pays. Section 768.0427 channels proof in this direction so jurors hear numbers connected to reality. Link readers to the statute at the first mention of future medical expenses in your CMS.

You do not need to learn billing to help your case. Ask your doctor to write down what care is likely in plain English. Keep those notes with bills and receipts and send copies to your lawyer. When the plan changes, tell your lawyer promptly so your evidence stays current and lines up with what the court allows under section 768.0427.

Letters of protection can help, but paperwork matters

A letter of protection lets you get treatment now and pay from settlement funds later. Florida’s statute makes these arrangements transparent. Jurors may hear about usual charges, typical Medicare or private-plan payments for the same service, and any sale of the account to a finance company. Clean, itemized bills and fair terms support credibility; sloppy paperwork invites attack. Anchor the first mention of letter of protection to the statute’s definition and disclosure requirements.

What your lawyer should handle so you don't have to

A good injury firm routes provider and billing questions to the office, not to you, gathers itemized statements, and keeps a single ledger of charges and payments. Counsel reviews every letter of protection for defensible pricing and complete disclosures, coordinates health-plan reimbursements and liens, and presents negotiation numbers that match what a judge will allow a jury to hear under the current statute. When appropriate, counsel can also use section 768.79 and Florida Rule of Civil Procedure 1.442 to add fee-shifting pressure once the record is ready. 

What we need from you to keep value high

There are a few simple habits that move results without phone calls. Save each bill, explanation of benefits, and receipt; a clear phone photo is fine. Go to appointments and tell your doctor what still hurts. If you must miss a visit, reschedule and let the firm know. Before you sign anything new, send it to your lawyer. Keep a short note about pain levels, missed work, and out-of-pocket costs. Those steps give your lawyer the proof Florida courts expect under section 768.0427.

Common mistakes that lower offers

The steepest drops in value come from avoidable errors: ignoring bills until collection letters arrive, skipping follow-up care, signing finance or protection documents you do not understand, and insisting on hospital list prices that the statute will not let you present. If anything in your treatment or billing feels off, call your lawyer before you act. The current statute rewards organized, accurate proof and penalizes guesswork. Reference the statute at the first “what juries hear” discussion with a link to section 768.0427.

Myths we hear every week

• “The jury will see the full hospital total.” Usually not; the statute focuses evidence on paid or payable amounts and, for letter-of-protection care, market-based disclosures.
• “A letter of protection always looks bad.” Not if terms are fair, billing is itemized, and disclosures are complete; it can be the cleanest path to timely care.
• “I should call the insurer to explain.” Do not; direct every insurance contact to your lawyer so the record stays clean. If you discuss police crash reports elsewhere on your site, link the phrase crash report privilege to section 316.066 for clarity.

Do these rules apply to your case

Whether section 768.0427 controls your case can depend on when the lawsuit was filed and other facts. Your lawyer should evaluate this at intake and again before mediation. That way, the numbers discussed in settlement match what a jury will actually hear at trial.

Where settlement strategy fits in

Settlement numbers should mirror what a jury can hear, not a sticker price that will be cut at trial. Once medical records, paid amounts, and future-care support are in place, your lawyer may serve an offer or demand under section 768.79 and a proposal under Rule 1.442. Used at the right time, these tools can shift fees and encourage resolution.

Plain-English answers

• Do you need to use Auto Insurance after a crash. Usually yes.
• Do you need to use health insurance after a crash. Usually yes. It speeds care and affects what the jury can hear about paid amounts. It also changes who may ask to be repaid from your settlement.
• Are hospital list prices still important. They belong in the file, but juries usually hear what was paid or what is payable, so list prices are a starting point rather than an ending number.
• Will a letter of protection hurt you. It depends on documentation. A well managed letter with fair rates and clean disclosures supports full recovery; a sloppy letter invites attack.
• Can the judge keep your bills out. Not if your care was necessary and your records are complete. The law narrows what the jury hears, but it does not erase valid medical care.

The bottom line



lorida juries in 2025 hear a tighter, more practical picture of medical bills. That shift can help you if your records are clear and your treatment story makes sense. Keep your paperwork, follow medical advice, and let your lawyer frame the numbers under section 768.0427 and Rule 1.442. If you want your case presented the way Florida courts now require, call My Affordable Attorney. We are available nights and weekends.