The Florida Senate

¹768.77  Itemized verdict.--

(1)  Except as provided in subsection (2), in any action to which this part applies in which the trier of fact determines that liability exists on the part of the defendant, the trier of fact shall, as a part of the verdict, itemize the amounts to be awarded to the claimant into the following categories of damages:

(a)  Amounts intended to compensate the claimant for economic losses;

(b)  Amounts intended to compensate the claimant for noneconomic losses; and

(c)  Amounts awarded to the claimant for punitive damages, if applicable.

(2)  In any action for damages based on personal injury or wrongful death arising out of medical malpractice, whether in tort or contract, to which this part applies in which the trier of fact determines that liability exists on the part of the defendant, the trier of fact shall, as a part of the verdict, itemize the amounts to be awarded to the claimant into the following categories of damages:

(a)  Amounts intended to compensate the claimant for:

1.  Past economic losses; and

2.  Future economic losses, not reduced to present value, and the number of years or part thereof which the award is intended to cover;

(b)  Amounts intended to compensate the claimant for:

1.  Past noneconomic losses; and

2.  Future noneconomic losses and the number of years or part thereof which the award is intended to cover; and

(c)  Amounts awarded to the claimant for punitive damages, if applicable.

History.--s. 56, ch. 86-160; s. 7, ch. 99-225; s. 68, ch. 2003-416.

¹Note.--Section 86, ch. 2003-416, provides that "[i]t is the intent of the Legislature to apply the provisions of this act to prior medical incidents, to the extent such application is not prohibited by the State Constitution or Federal Constitution, except that the changes to chapter 766, Florida Statutes, shall apply only to any medical incident for which a notice of intent to initiate litigation is mailed on or after the effective date of this act."