Medical Bills as Evidence in Florida Injury Cases After 2023

Medical bills are often the largest documented loss after a premises injury. In 2023, Florida changed how those bills are proven in court. Section 768.0427, Florida Statutes, created by chapter 2023-15, Laws of Florida, limits the evidence of past medical expenses and adds disclosure requirements for treatment received under a "letter of protection." Here is what injured people should know.

Past Bills That Were Paid: The Amount Actually Paid

Under section 768.0427(2)(a), evidence of past medical treatment that "ha[s] been satisfied is limited to evidence of the amount actually paid, regardless of the source of payment." If a hospital's bill was settled by health insurance at a lower negotiated amount, the evidence of that past expense is generally the amount paid, not the original billed amount.

Past Bills That Are Still Unpaid

For incurred charges not yet paid, section 768.0427(2)(b) says the evidence includes, but is not limited to:

• If you have health coverage other than Medicare or Medicaid: the amount your coverage is obligated to pay, plus your share under the policy.
• If you have health coverage but treated under a letter of protection, or did not submit the bills to your coverage: what your coverage would have paid, plus your share.
• If you have no coverage, or have Medicare or Medicaid: 120 percent of the Medicare reimbursement rate, or, if there is no Medicare rate, 170 percent of the state Medicaid rate.
• If a provider sold the right to payment under a letter of protection: the amount the buyer paid for it.
• Any evidence of reasonable amounts billed for medically necessary treatment.

Future Medical Care

Section 768.0427(2)(c) uses similar benchmarks for future treatment, based on your health coverage (or eligibility for it), or on 120 percent of Medicare or 170 percent of Medicaid rates at the time of trial, plus any evidence of reasonable future amounts to be billed.

Letters of Protection: Required Disclosures

A "letter of protection" is any arrangement where a health care provider treats you "in exchange for a promise of payment for the claimant's medical expenses from any judgment or settlement" (section 768.0427(1)(d)). If you claim medical expenses for treatment under a letter of protection, section 768.0427(3) makes it a "condition precedent" to disclose:

• A copy of the letter of protection
• Itemized, coded billings for the treatment
• If the provider sold the account to a factoring company, the buyer's name and the price paid
• Whether you had health care coverage when treated, and the identity of that coverage
• Whether you were referred for treatment under a letter of protection, and by whom

If the referral came from the claimant's attorney, section 768.0427(3)(e) makes the referral admissible, and makes the financial relationship between the law firm and the medical provider relevant to the provider's bias.

The Overall Limit

Section 768.0427(4) provides that medical damages may not exceed the evidence admitted under subsection (2), and may not exceed the sum of amounts actually paid, amounts necessary to satisfy charges due and owing, and amounts necessary for reasonable and necessary future care.

When the Rule Applies

Section 30 of chapter 2023-15 generally applies the act to causes of action filed after March 24, 2023.

Practical Takeaways

• Tell every provider whether you have health insurance, Medicare, or Medicaid.
• Keep explanation-of-benefits statements and payment records, not just bills.
• Ask before signing any letter of protection, and keep a copy of anything you sign.

Related: Florida's 51% comparative fault bar and Florida's two-year deadline, both also changed by the 2023 law.

How Your Case Is Referred

Your case will be referred to another lawyer. Recalde Law Firm, P.A. does not litigate premises injury cases. Rafael Recalde reviews what happened and, if the matter appears to have merit, refers it to another Florida lawyer or law firm that handles premises liability cases.

You will know which firm will handle your case before you sign anything. Under Rule 4-1.5 of the Rules Regulating The Florida Bar, a fee can be divided between firms only with your written consent, in a written contract signed by you and by each participating firm, and each firm accepts joint legal responsibility for your representation. You are always free to choose a different lawyer.

Frequently Asked Questions

Q: How are past medical bills proven in a Florida injury case after 2023?

Under section 768.0427(2)(a), Florida Statutes, evidence of past medical expenses that have been paid is limited to the amount actually paid, regardless of the source of payment.

Q: What is a letter of protection in Florida?

Section 768.0427(1)(d) defines it as any arrangement where a health care provider treats a claimant in exchange for a promise of payment from a judgment or settlement.

Q: What must be disclosed when treatment was under a letter of protection?

Section 768.0427(3) requires a copy of the letter, itemized coded bills, any sale of the account to a factoring company and its price, the claimant's health coverage, and whether and by whom the claimant was referred for treatment.

Q: Does section 768.0427 apply to my case?

Chapter 2023-15, Laws of Florida, which created the section, generally applies to causes of action filed after March 24, 2023.

Sources

• Section 768.0427, Florida Statutes (2026) — admissibility of evidence to prove medical expenses; letters of protection
• Chapter 2023-15, Laws of Florida (HB 837), sections 6, 30, and 31

This article explains general Florida law as of October 9, 2026. It is not legal advice about your situation.