Future medical care costs can significantly impact your personal injury settlement in Florida. These economic damages are the medical expenses that you’re expected to incur after your case has been settled. They can include ongoing treatments, rehabilitation, surgeries, and any other medical care that is deemed necessary for your recovery.
In Florida, if future medical expenses are likely then they should be sought when making a personal injury claim (including in a pre-lawsuit demand). However, Florida law limits the recovery of future medical expenses to those that are “reasonably certain”
In Truelove v. Blount – 954 So.2d 1284, the court held:
In a personal injury action in which the plaintiff seeks damages for future medical expenses, “only medical expenses which are reasonably certain to be incurred in the future are recoverable.” Loftin v. Wilson, 67 So.2d 185, 188 (Fla.1953). There must be “evidence in the record from which the jury could, with reasonable certainty, determine the amount of medical expense [the plaintiff] would be likely to incur in the future.” DeAlmeida v. Graham, 524 So.2d 666, 668 (Fla. 4th DCA 1987); see also Walt Disney World Co. v. Blalock, 640 So.2d 1156, 1159 (Fla. 5th DCA 1994) (“As stated in Loftin v. Wilson, 67 So.2d 185 (Fla.1953), only medical expenses which are reasonably certain to be incurred in the future are recoverable. There must also be an evidentiary basis upon which the jury can, with reasonable certainty, determine the amount of those expenses.”).
Related:
Future Pain and Suffering Claims
Economic vs Non-Economic Damages
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