Florida Statute 768.77 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

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F.S. 768.77

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.

F.S. 768.77 on Google Scholar

F.S. 768.77 on Casetext

Amendments to 768.77

Arrestable Offenses / Crimes under Fla. Stat. 768.77

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 768.77.

Annotations, Discussions, Cases:

Cases Citing Statute 768.77

Total Results: 20

In Re: Standard Jury Instructions in Civil Cases - Report No. 19-03

Court: Fla. | Date Filed: 2020-02-26T23:53:00-08:00

Snippet: itemized verdict form, as contemplated by section 768.77, Florida Statutes, refer to Model Verdict Forms

In Re: Standard Jury Instructions in Civil Cases – Report No. 15-01 – Corrected Opinion

Court: Fla. | Date Filed: 2016-06-16T00:53:00-07:00

Snippet: 3. This instruction conflicts with F.S. 768.77(2)(a)2. and should not be given in medical malpractice… 3. This instruction conflicts with F.S. 768.77(2)(a)2. and should not be given in medical malpractice

In Re: Standard Jury Instructions in Civil Cases - Report No. 15-01

Court: Fla. | Date Filed: 2016-04-21T00:53:00-07:00

In re Standard Jury Instructions in Civil Cases-Report No. 15-01

Court: Fla. | Date Filed: 2016-04-21T00:00:00-07:00

Citation: 192 So. 3d 1183

Snippet: . 3. This instruction conflicts' with F.S. 768.77(2)(a)2. and should not be given in medical malpractice… 1983). 3. This instruction conflicts with F.S. 768.77(2)(a)2. and should not .be given in medical malpractice

In Re STANDARD JURY INSTRUCTIONS IN CIVIL CASES—REPORT NO. 13-01 (PRODUCTS LIABILITY)

Court: Fla. | Date Filed: 2015-03-26T00:00:00-07:00

Citation: 160 So. 3d 869, 2015 WL 1400770

Snippet: itemized verdict form, as contemplated by section 768.77, Florida Statutes, refer to Model Verdict Forms

Nationwide Mutual Fire Insurance Co. v. Darragh

Court: Fla. Dist. Ct. App. | Date Filed: 2012-06-08T00:00:00-07:00

Citation: 95 So. 3d 897, 2012 WL 2051075, 2012 Fla. App. LEXIS 9201

Snippet: had been superced-ed by an amendment to section 768.77, Florida Statutes, in 1999. See Ch. 99-225, § 7…requirement that pre-dated the enactment of section 768.77, Florida Statutes, by many decades — as can be … cases cited above dating back to 1909. Section 768.77(1) was originally enacted as part of the Tort Reform

In re Standard Jury Instructions in Civil Cases—Report No. 09-10

Court: Fla. | Date Filed: 2012-05-17T00:00:00-07:00

Citation: 91 So. 3d 785, 2012 WL 1722576

Snippet: model-itemized verdict form, as contemplated- by section 768.77, Florida Statutes, refer- to Model Verdict Form…itemized-verd-ict form,-as contemplated by ■ section — 768-77, Florida Statutes-,-refer to Model-Verdict Form

In Re Standard Jury Instructions in Civil Cases—Report No. 09-01

Court: Fla. | Date Filed: 2010-03-04T00:00:00-08:00

Citation: 35 So. 3d 666, 35 Fla. L. Weekly Supp. 149, 2010 Fla. LEXIS 302

Snippet: INTRODUCTORY COMMENT In 1986, the legislature adopted F.S. 768.77 which required separate determinations by the trier…legislature substantially amended those provisions. F.S. 768.77 was amended to delete the requirements that required… compensation. Under the 1999 amendment to F.S. 768.77(1), damages for all non-medical negligence cases… noneconomic losses, and punitive damages. F.S. 768.77(2), however, requires further itemization for medical…court opinion has expressly determined whether F.S. 768.77 or 768.78 is constitutional under the provisions

Morton Roofing, Inc. v. Prather

Court: Fla. Dist. Ct. App. | Date Filed: 2003-12-18T23:53:00-08:00

Citation: 864 So. 2d 64

Snippet: agreed it was "inconsistent." [3] See § 768.77, Fla. State. [4] Judge Harris dissented in Thomason

Publix Super Markets, Inc. v. Young

Court: Fla. Dist. Ct. App. | Date Filed: 2003-07-09T00:53:00-07:00

Citation: 848 So. 2d 1242

Snippet: applicable. § 768.77, Fla. Stat. (2001) (emphasis added). The original version of section 768.77 was enacted…use the itemized verdict form required by section 768.77, Florida Statutes (2001). At the charge conference…not itemized like the law requires." Section 768.77 requires an itemized verdict in a negligence action…Jurimetrics J. 275, 278 (1996)). In 1999, section 768.77 was "amended to require itemization of only…itemized. The itemized verdict required by section 768.77 "is mandatory when requested by a party."

Standard Jury Inst-Civ. Cases (01-1 & 01-2)

Court: Fla. | Date Filed: 2002-06-06T00:53:00-07:00

Citation: 825 So. 2d 277

Snippet: the legislature adopted Florida Statute section 768.77 which required separate determinations by the trier…conforming to a defensible interpretation of §§ 768.77 and .78, F.S.1987" and expressed no opinion…both economic and noneconomic. In 1999, section 768.77, Florida Statutes, was amended to require itemization…opinion has expressly determined whether section 768.77 or section 768.78 is constitutional under the provisions…intended to comply with the 1999 amendments to section 768.77, retaining the requirement for separately determining

Allstate Ins. Co. v. Thornton

Court: Fla. Dist. Ct. App. | Date Filed: 2001-01-16T23:53:00-08:00

Citation: 781 So. 2d 416

Snippet: regarding the former version of Florida Statute 768.77(2)(1986), and the question of remittitur are by

Beauvais v. Edell

Court: Fla. Dist. Ct. App. | Date Filed: 2000-06-07T00:00:00-07:00

Citation: 760 So. 2d 262

Snippet: same time the legislature also created in section 768.77 a companion provision for mandatory itemized verdicts… statute requiring an itemized verdict, section 768.77, does not require that economic losses be separated…[10] The Legislature has since amended section 768.77 by deleting subsection (2). See Ch. 99-225, § 7…state. In a number of cases decided before section 768.77 was adopted involving the same circumstancea verdict

ITT HARTFORD INS. COMPANY OF THE SOUTHEAST v. Owens

Court: Fla. Dist. Ct. App. | Date Filed: 2000-04-19T00:53:00-07:00

Citation: 760 So. 2d 210

Snippet: . The purpose of an itemized verdict, see id. § 768.77, is to facilitate judicial review of the jury'

Perry v. Allen

Court: Fla. Dist. Ct. App. | Date Filed: 1998-11-18T23:53:00-08:00

Citation: 720 So. 2d 614

Snippet: 86-160, Laws of Florida, it provided in section 768.77, Florida Statutes, that the trier of fact is to

Food Lion v. Jackson

Court: Fla. Dist. Ct. App. | Date Filed: 1998-06-26T00:53:00-07:00

Citation: 712 So. 2d 800

Snippet: ignored the itemization requirements of section 768.77, Florida Statutes (1995); only one line was provided…noncompliance with the verdict form required by section 768.77. The instant case is very similar to Broward County

Standard Jury Instructions—Civil Cases (No. 98-1)

Court: Fla. | Date Filed: 1998-04-02T00:00:00-08:00

Citation: 711 So. 2d 1, 23 Fla. L. Weekly Supp. 287, 1998 Fla. LEXIS 605, 1998 WL 154462

Snippet: itemized verdict form, as contemplated by section 768.77, Florida Statutes, refer to Model Verdict Form …itemized .verdict form, as contemplated by section 768.77, Florida Statutes, refer to Model Verdict Form …itemized verdict form, as contemplated by section 768.77, Florida Statutes, refer to Model Verdict Form …itemized verdict form, as contemplated by section 768.77, Florida Statutes, refer to Model Verdict Form …itemized verdict form, as contemplated by section 768.77, Florida Statutes, refer to Model Verdict Form

Psychiatric Institute of Del-Ray, Inc. v. Keel

Court: Fla. Dist. Ct. App. | Date Filed: 1998-03-18T00:00:00-08:00

Citation: 717 So. 2d 1042, 1998 Fla. App. LEXIS 2635

Snippet: future economic damages, as itemized pursuant to s. 768.77(l)(a), in excess of $250,000 to be paid in whole…future economic damages, as itemized pursuant to s. 768.77, to be paid by periodic payments rather than lump

Doughty v. Insurance Co. of North America

Court: Fla. Dist. Ct. App. | Date Filed: 1997-12-02T23:53:00-08:00

Citation: 701 So. 2d 1225

Snippet: legislation which requires itemized verdicts, § 768.77 Fla. Stat., accomplished what the legislature intended

Standard Jury Instructions—Civil Cases—No. 97-1

Court: Fla. | Date Filed: 1997-10-16T00:00:00-07:00

Citation: 700 So. 2d 379, 22 Fla. L. Weekly Supp. 641, 1997 Fla. LEXIS 1532, 1997 WL 637664

Snippet: model itemized verdict form, as contemplated by § 768.77, Florida Statutes, refer to Model Verdict Form