If you’ve been hurt in an accident, you might think your full medical bills will be shown at trial. But under Florida’s new tort reform laws, that’s no longer the case.
Courts now limit what a jury can see. Instead of the total billed, you’re often stuck showing only what was paid—or a reduced rate based on insurance or Medicare. That shift can shrink your recovery by thousands.
Why Does This Change Matters Today?
At MANGAL, PLLC, we’ve helped many clients who expected their full hospital bills to count, only to realize too late that Florida law doesn’t work that way anymore. As a Clermont personal injury lawyer, we make sure our clients know the real numbers that matter—and how to document them the right way. Here’s what the law says, and how to protect your case.
What Did HB 837 Change About Past Medical Expenses?
As of March 24, 2023, HB 837 limited what plaintiffs can recover for medical treatment:
- If you had insurance, only the insurer’s payments plus your copay or deductible can be used.
- If you didn’t have insurance, courts used 120% of Medicare’s reimbursement rate instead of the provider’s list price.
So a $30,000 hospital charge that was paid at $7,000 by insurance—and $1,000 by you—is all you can show. Not the full billed amount.
This marks a shift from previous practice, where plaintiffs could rely on inflated bills to support their damages.
What Did HB 947 Add in 2025?
Halfway through 2025, HB 947 tweaked the law again. Now judges and juries have more room to hear evidence—beyond just paid or Medicare-based amounts—if the plaintiff can show why higher charges reflect fair value.
But the change doesn’t undo HB 837. You still need clear documentation and expert testimony to go beyond insurance payments or Medicare standards. Casual statements about “what it really costs” won’t be enough.
How Do You Calculate Past Medical Bills Now?
Let’s break down what courts allow, based on your insurance status:
- Private insurance: Only the insurer’s allowed payment plus your share.
- Medicare/Medicaid: Courts generally apply statutory formulas based on those rates.
- Uninsured or LOP: One can claim a calculated percentage of Medicare rates, but full bill amounts are out.
That means if your insurer paid $8,000 and you paid $2,000 out of pocket, the total is $10,000—even if you were billed $25,000.
Getting it right upfront is important. Once the trial record is set, you typically can’t re-open evidence to recover a higher amount.
How Are Future Medical Costs Handled After Tort Reform?
Future care—like surgeries, rehab, or long-term treatment—is still recoverable. But how it’s calculated is more limited.
Injury victims now need to show what that care will realistically cost. Not what a provider might bill, but what a jury will see as fair value under the law.
If you have health insurance, courts assume you’ll use it. That means future expenses are valued using your insurer’s expected rates. You can’t use the full provider charge unless you prove why that number is fair—something that usually requires an expert.
If you’re uninsured, Florida courts use Medicare pricing, or 170% of Medicaid rates, depending on your situation. This keeps values lower, even for serious procedures.
Bottom line: if you expect future surgery, therapy, or lifetime care, you need real documentation to support the cost—not just estimates from a doctor’s office.
How Do These Changes Affect Injury Settlement Values?
Insurance companies know the rules changed. That means they offer less—even in serious injury cases.
Let’s say your ER visit was billed at $20,000. The insurer paid $6,200. That’s all you can show. So your “medical damages” are just over $6,000, not $20,000.
Naturally, that shrinks the settlement value.
Before 2023, adjusters often factored in full billing amounts. Now they rely on statutory formulas, insurance reimbursements, and Medicare rates. That change can cut a claim’s value by 50% or more.
It’s not just unfair—it’s confusing. That’s why injured clients need a lawyer who knows how to build the case based on what Florida law now allows.
How Should You Document Medical Bills Under the New Law?
After Florida’s tort reform, how you document your medical treatment matters more than ever. It’s not just about collecting receipts or printing out invoices. It’s about showing exactly what was paid, who paid it, and what courts will legally allow the jury to consider.
If you’re handling this on your own—or with a lawyer who’s not familiar with post-2023 changes—you might miss critical evidence. That could cut your recovery by thousands.
Here’s what you or your attorney should be doing from day one:
1. Gather Your EOBs (Explanation of Benefits)
If you used private health insurance, your EOBs show:
- The total charge from the provider
- The amount the insurer approved and paid
- Your portion (copay, coinsurance, or deductible)
- Any adjustments (i.e., amounts written off)
This document is key. Under HB 837, the court uses this to decide how much the jury is allowed to hear.
If you only show a hospital’s $20,000 invoice—without the EOB proving your insurer only paid $6,000—it may get thrown out or reduced.
2. Ask for Medicare/Medicaid Rate Charts if Uninsured
If you didn’t have insurance, you’re not out of options. But the court won’t just accept a doctor’s invoice.
Instead, you’ll likely be limited to 120% of Medicare’s reimbursement rate (or 170% for Medicaid). Your attorney can obtain rate tables for common procedures—like MRIs, spinal injections, or surgeries.
Pro tip: Some providers may inflate LOP bills knowing they won’t be paid in full. Courts now look at what’s reasonable, not what’s billed.
3. Keep Your Payment Records and Receipts
Even if you paid cash out of pocket, the burden is still on you to prove it.
- Save credit card statements, Venmo/Zelle transfers, or signed receipts
- Ask your provider for itemized bills
- Confirm that no balance remains, to avoid confusion later
If the insurance company or defense lawyer thinks you didn’t really pay, they may fight to exclude the charges. You need clean, simple proof.
4. Work With Experts When Claiming Future Care
For serious injuries—like herniated discs, traumatic brain injury, or orthopedic surgeries—you’ll likely need treatment long after your case settles.
But you can’t just guess.
Florida courts now expect future medical expenses to be based on:
- Actual expected pricing under your coverage or Medicare rates
- Qualified expert testimony (e.g., life care planners, medical billing specialists)
- Verified CPT codes or procedure pricing, not just general estimates
We work with licensed professionals to prepare this evidence so that your claim is trial-ready—not just based on hopes or assumptions
Why Does This Help You Win?
In the past, a few medical records and a summary sheet might’ve been enough. Now? You need a clear billing trail from start to finish—especially for a Central Florida jury.
Jurors want real numbers. Judges want to see you follow the law. Insurers want reasons to pay less.
Good documentation shuts all of that down.
What Are Real Examples of Medical Bill Calculations Today?
Let’s walk through a few practical examples that show how your recovery might be affected.
Example 1: You Have Health Insurance
- ER Bill: $18,000
- Insurer Payment: $6,000
- Your Copay: $1,000
Allowed total: $7,000
That’s all the jury hears—even if the bill said otherwise.
Example 2: No Insurance, Treatment Under LOP
- Surgery Charge: $25,000
- Medicare Rate: $10,000
Allowed total: $12,000 (120% of Medicare)
You must bring evidence if you want to argue for more.
Example 3: Medicaid Coverage
- Hospital Bill: $15,000
- Medicaid Payment: $2,500
Allowed total: $4,250 (170% of Medicaid)
These numbers aren’t hypothetical. They’re based on real changes in Florida law. That’s why you need to understand how your bills will be seen by a jury—not just what’s in the envelope from the hospital.
How Can a Clermont Personal Injury Law Firm Protect Your Claim?
Here’s the hard truth: you can’t afford to get medical damages wrong. One missed document, one inflated bill, and the jury might never see the real cost of your injury.
That’s where we come in.
At MANGAL, PLLC, we help injury victims across Clermont and Central Florida prepare the evidence that matters. That means:
- Gathering insurance payments and EOBs
- Working with billing experts to prove the value of future care
- Structuring Letters of Protection that comply with the law
We don’t guess at value—we build cases that hold up in court under Florida’s new rules. Whether it’s a car crash, slip-and-fall, or serious trauma, we’ll help you present every dollar of damages you’re legally allowed to claim.
What Should You Know Before Settling a Florida Injury Claim?
The law changed. Your medical bills don’t tell the full story anymore—and they probably won’t be what the jury sees.
If you’re hurt and trying to recover, don’t go into settlement talks blind. Know what the court will count—and what it won’t.
At MANGAL, PLLC, we help injury victims across Clermont and Central Florida prepare claims that hold up under the law. We work with providers, review medical billing, and build a clear strategy from day one.
Your recovery depends on the numbers that make it into court. We’ll help you get them right.
Contact us today for a free consultation and let’s build a claim that’s ready for trial—not just negotiation.
What Questions Do Florida Injury Victims Have About Medical Bills After Tort Reform?
Q1: Can I show my full hospital bill to the jury?
No. Only the paid amount or a statutory calculation is allowed.
Q2: What if I haven’t paid yet?
Courts use Medicare-based rates or other standard values.
Q3: What’s a Letter of Protection?
It’s an agreement to get medical treatment now and pay from your settlement later.
Q4: What if I’m uninsured?
Your medical bills are typically valued at 120% of Medicare rates.
Q5: What if I’m on Medicaid?
Florida courts use 170% of Medicaid as the calculation base.
Q6: Can I recover for future treatment?
Yes—but you’ll need strong evidence, not just doctor estimates.
Q7: Can these changes reduce my case value?
Yes. That’s why it’s critical to document every payment and bill correctly.
Q8: Can a lawyer help me increase what’s shown to the jury?
Yes—if they know how to structure the evidence under HB 837 and HB 947.
