Florida Statutes

Fla. Stat. § 768.77 (2025)

Itemized verdict.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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768.77 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

(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

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

Notes of Decisions

Cited in 31 cases, 1989–2020 · leading case: Stand. Jury Inst-Civ. Cases (01-1 & 01-2), 825 So. 2d 277 (Fla. 2002).

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Stand. Jury Inst-Civ. Cases (01-1 & 01-2), 825 So. 2d 277 (Fla. 2002). · cites it 18× “In 1999, section 768.77, Florida Statutes, was amended to require itemization of only economic losses, noneconomic losses, and punitive damages.”

WR Grace & Co.-Conn. v. Pyke, 661 So. 2d 1301 (Fla. 3d DCA 1995). · cites it 4× “Section 768.77, Florida Statutes (1993); Townsend v.”

Beauvais v. Edell, 760 So. 2d 262 (Fla. 4th DCA 2000). · cites it 4× “[8] To enable the trial *268 judge to make this review of damages, at the same time the legislature also created in section 768.77 a companion provision for mandatory itemized verdicts.”

Allstate Ins. Co. v. Manasse, 681 So. 2d 779 (Fla. 4th DCA 1996). · cites it 3× “[4] The ability to scrutinize a verdict for either inadequacy or excessiveness based on the use of an itemized verdict was part of the stated legislative intent in enacting section 768.77, which mandates itemization of damage amounts broken down into categories.”

Miller v. Hernandez, 520 N.W.2d 266 (S.D. 1994). · cites it 2× “040 (West 1993); Fla.Stat. Ann. § 768.77 (West 1992); ILCS ch.”

Nationwide Mut. Fire Ins. Co. v. Darragh, 95 So. 3d 897 (Fla. 5th DCA 2012). · cites it 5× “The trial court declined to give the instruction after hearing *899 argument from Darragh’s counsel, who believed that the case law requiring a trial court to instruct the jury to reduce future economic damages to present value had been superced-ed by an amendment to section…”

Silva v. Sw. Florida Blood Bank, Inc., 601 So. 2d 1184 (Fla. 1992). · cites it 2× “See § 768.77, Fla. Stat. (1989). Perhaps more important, not only does the provision upon which Southwest relies not exist today, it did not exist when the medical malpractice statute of limitations was enacted.”

Stand. Jury Instructions—Civil Cases (No. 98-1), 711 So. 2d 1 (Fla. 1998). · cites it 14× “[[Image here]] FOREMAN OR FOREWOMAN NOTE ON USE For a model itemized verdict form, as contemplated by section 768.77, Florida Statutes, refer to Model Verdict Form 8.”

Burton v. Powell, 547 So. 2d 330 (Fla. 5th DCA 1989). · cites it 4× “The attorneys below both agreed to the submission of these interrogatories concerning the period of time to be covered in regard to compensation for future losses because of the provisions of the Tort Reform Act of 1986, section 768.77. See In Re Standard Jury Instructions, 541…”

In Re Stand. Jury Instructions, 541 So. 2d 90 (Fla. 1989). · cites it 9× “985, Standard Jury Instructions, the two model forms of itemized damage verdicts with a note on use and comments, entitled: MODEL FORM OF VERDICT ITEMIZING PERSONAL INJURY DAMAGES (TORT REFORM ACT OF 1986, § 768.77 F.S. 1987) and MODEL FORM OF VERDICT ITEMIZING WRONGFUL DEATH…”

Johnson v. Clark, 484 F. Supp. 2d 1242 (M.D. Fla. 2007). · cites it 2× “Fla. Stat. § 768.77 (1). Such itemization is mandatory if requested by a party.”

Food Lion v. Jackson, 712 So. 2d 800 (Fla. 5th DCA 1998). · cites it 3× “80 In using the above verdict form, the parties and trial court ignored the itemization requirements of section 768.77, Florida Statutes (1995); only one line was provided for a composite of all damages rather than setting forth separate amounts for past economic and…”

Show all 31 citing cases →

— 768.77(1) — 1 case

Nationwide Mut. Fire Ins. Co. v. Darragh, 95 So. 3d 897 (Fla. 5th DCA 2012). “The trial court declined to give the instruction after hearing *899 argument from Darragh’s counsel, who believed that the case law requiring a trial court to instruct the jury to reduce future economic damages to present value had been superced-ed by an amendment to section…”

— 768.77(2)(a) — 2 cases

In Re: Stand. Jury Instructions in Civil Cases - Report No. 15-01, 192 So. 3d 1183 (Fla. 2016).

In Re: Stand. Jury Instructions in Civil Cases – Report No. 15-01 – Corrected Opinion (Fla. 2016).

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