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: Supreme Court of Florida | Date Filed: 2020-02-27

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: Supreme Court of Florida | Date Filed: 2016-06-16

Snippet: 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: Supreme Court of Florida | Date Filed: 2016-04-21

Citation: 192 So. 3d 1183

Snippet: 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. 15-01

Court: Supreme Court of Florida | Date Filed: 2016-04-21

Citation: 192 So. 3d 1183, 2016 WL 1592719

Snippet: 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: Supreme Court of Florida | Date Filed: 2015-03-26

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: District Court of Appeal of Florida | Date Filed: 2012-06-08

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

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

Court: Supreme Court of Florida | Date Filed: 2012-05-17

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

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

Court: Supreme Court of Florida | Date Filed: 2010-03-04

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

Morton Roofing, Inc. v. Prather

Court: District Court of Appeal of Florida | Date Filed: 2003-12-19

Citation: 864 So. 2d 64, 2003 WL 22970864

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

Publix Super Markets, Inc. v. Young

Court: District Court of Appeal of Florida | Date Filed: 2003-07-09

Citation: 848 So. 2d 1242, 2003 WL 21537344

Snippet: use the itemized verdict form required by section 768.77, Florida Statutes (2001). At the charge conference

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

Court: Supreme Court of Florida | Date Filed: 2002-06-06

Citation: 825 So. 2d 277, 27 Fla. L. Weekly Supp. 555, 2002 Fla. LEXIS 1158, 2002 WL 1232963

Snippet: the legislature adopted Florida Statute section 768.77 which required separate determinations by the trier

Allstate Ins. Co. v. Thornton

Court: District Court of Appeal of Florida | Date Filed: 2001-01-17

Citation: 781 So. 2d 416, 2001 WL 38104

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

Beauvais v. Edell

Court: District Court of Appeal of Florida | Date Filed: 2000-06-07

Citation: 760 So. 2d 262, 2000 WL 726363

Snippet: same time the legislature also created in section 768.77 a companion provision for mandatory itemized verdicts

ITT HARTFORD INS. COMPANY OF THE SOUTHEAST v. Owens

Court: District Court of Appeal of Florida | Date Filed: 2000-04-19

Citation: 760 So. 2d 210, 2000 Fla. App. LEXIS 4553, 2000 WL 390393

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

Perry v. Allen

Court: District Court of Appeal of Florida | Date Filed: 1998-11-19

Citation: 720 So. 2d 614, 1998 WL 798704

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: District Court of Appeal of Florida | Date Filed: 1998-06-26

Citation: 712 So. 2d 800, 1998 Fla. App. LEXIS 7584, 1998 WL 335788

Snippet: ignored the itemization requirements of section 768.77, Florida Statutes (1995); only one line was provided

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

Court: Supreme Court of Florida | Date Filed: 1998-04-02

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

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

Court: District Court of Appeal of Florida | Date Filed: 1998-03-18

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

Doughty v. Insurance Co. of North America

Court: District Court of Appeal of Florida | Date Filed: 1997-12-03

Citation: 701 So. 2d 1225, 1997 WL 740658

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

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

Court: Supreme Court of Florida | Date Filed: 1997-10-16

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