Florida Statute 768.77 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 768.77

Annotations, Discussions, Cases:

Cases Citing Statute 768.77

Total Results: 34

Silva v. Southwest Florida Blood Bank, Inc.

601 So. 2d 1184, 1992 WL 110906

Supreme Court of Florida | Filed: May 28, 1992 | Docket: 1710931

Cited 39 times | Published

definition on which Southwest now relies. See § 768.77, Fla. Stat. (1989). Perhaps more important, not

Allstate Ins. Co. v. Manasse

681 So. 2d 779, 1996 WL 539838

District Court of Appeal of Florida | Filed: Sep 25, 1996 | Docket: 1722240

Cited 18 times | Published

of the stated legislative intent in enacting section 768.77, which mandates itemization of damage amounts

Beauvais v. Edell

760 So. 2d 262, 2000 WL 726363

District Court of Appeal of Florida | Filed: Jun 7, 2000 | Docket: 1695284

Cited 16 times | Published

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

Cowen v. Thornton

621 So. 2d 684, 1993 WL 114769

District Court of Appeal of Florida | Filed: Apr 14, 1993 | Docket: 1677845

Cited 15 times | Published

procedural accuracy. Since the enactment of section 768.77, Florida Statutes (1991), most tort cases are

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

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

Supreme Court of Florida | Filed: Mar 4, 2010 | Docket: 1646266

Cited 14 times | Published

INTRODUCTORY COMMENT In 1986, the legislature adopted F.S. 768.77 which required separate determinations by the

WR Grace & Company-Conn. v. Pyke

661 So. 2d 1301, 1995 WL 638287

District Court of Appeal of Florida | Filed: Nov 1, 1995 | Docket: 532148

Cited 13 times | Published

of future earning capacity to present value. Section 768.77, Florida Statutes (1993); Townsend v. Gibson

Dyes v. Spick

606 So. 2d 700, 1992 WL 277248

District Court of Appeal of Florida | Filed: Oct 12, 1992 | Docket: 93138

Cited 11 times | Published

tort reform are the itemized verdict statute, section 768.77, Florida Statutes (1989), and the remittitur

Brown v. Sims

538 So. 2d 901, 1989 WL 6174

District Court of Appeal of Florida | Filed: Mar 2, 1989 | Docket: 472525

Cited 11 times | Published

Instructions in Civil Cases, may be inadequate. Section 768.77, Florida Statutes (1987), which now requires

Edward M. Chadbourne, Inc. v. Van Dyke

590 So. 2d 1023, 1991 WL 265033

District Court of Appeal of Florida | Filed: Dec 13, 1991 | Docket: 458148

Cited 9 times | Published

to the jury an itemized verdict pursuant to Section 768.77, Florida Statutes (1989). The statute, enacted

Vibrant Video, Inc. v. Dixie Pointe Associates

567 So. 2d 1003, 1990 Fla. App. LEXIS 7611, 1990 WL 149782

District Court of Appeal of Florida | Filed: Oct 9, 1990 | Docket: 2517788

Cited 9 times | Published

Ziegler, 305 So.2d 864, 865-66 (Fla. 3d DCA 1974); § 768.77, Fla. Stat. (1989). The trial court erred by entering

Food Lion v. Jackson

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

District Court of Appeal of Florida | Filed: Jun 26, 1998 | Docket: 1471343

Cited 7 times | Published

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

Burton v. Powell

547 So. 2d 330, 1989 WL 88847

District Court of Appeal of Florida | Filed: Aug 10, 1989 | Docket: 1474797

Cited 7 times | Published

provisions of the Tort Reform Act of 1986, section 768.77. See In Re Standard Jury Instructions, 541

Perry v. Allen

720 So. 2d 614, 1998 WL 798704

District Court of Appeal of Florida | Filed: Nov 19, 1998 | Docket: 1371815

Cited 5 times | Published

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

Perry v. Allen

720 So. 2d 614, 1998 WL 798704

District Court of Appeal of Florida | Filed: Nov 19, 1998 | Docket: 1371815

Cited 5 times | Published

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

Johnson v. Clark

484 F. Supp. 2d 1242, 2007 U.S. Dist. LEXIS 28664, 2007 WL 1174111

District Court, M.D. Florida | Filed: Apr 18, 2007 | Docket: 2317366

Cited 4 times | Published

and punitive damages, if applicable. Fla. Stat. § 768.77(1). Such itemization is mandatory if requested

Simpson v. Stone

662 So. 2d 959, 1995 WL 502078

District Court of Appeal of Florida | Filed: Aug 25, 1995 | Docket: 1683398

Cited 4 times | Published

procedural accuracy. Since the enactment of section 768.77, Florida Statutes (1991), most tort cases are

Morton Roofing, Inc. v. Prather

864 So. 2d 64, 2003 WL 22970864

District Court of Appeal of Florida | Filed: Dec 19, 2003 | Docket: 1426306

Cited 3 times | Published

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

Doughty v. Insurance Co. of North America

701 So. 2d 1225, 1997 WL 740658

District Court of Appeal of Florida | Filed: Dec 3, 1997 | Docket: 1447215

Cited 3 times | Published

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

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

91 So. 3d 785, 2012 WL 1722576

Supreme Court of Florida | Filed: May 17, 2012 | Docket: 60309984

Cited 2 times | Published

model-itemized verdict form, as contemplated- by section 768.77, Florida Statutes, refer- to Model Verdict

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

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

Supreme Court of Florida | Filed: Jun 6, 2002 | Docket: 1691096

Cited 2 times | Published

1986, the legislature adopted Florida Statute section 768.77 which required separate determinations by the

Allstate Ins. Co. v. Thornton

781 So. 2d 416, 2001 WL 38104

District Court of Appeal of Florida | Filed: Jan 17, 2001 | Docket: 1310643

Cited 2 times | Published

appeal regarding the former version of Florida Statute 768.77(2)(1986), and the question of remittitur

McElhaney v. Uebrich

699 So. 2d 1033, 1997 WL 599650

District Court of Appeal of Florida | Filed: Oct 1, 1997 | Docket: 1321570

Cited 2 times | Published

classic example of why the requirements of section 768.77, Florida Statutes (1995), prescribing the use

Kriston v. Webster

688 So. 2d 346, 1997 WL 1701

District Court of Appeal of Florida | Filed: Feb 28, 1997 | Docket: 1787119

Cited 2 times | Published

verdict form requested by Kriston pursuant to section 768.77, Florida Statutes (1995). We agree and affirm

In Re Standard Jury Instructions

541 So. 2d 90, 1989 WL 32160

Supreme Court of Florida | Filed: Mar 2, 1989 | Docket: 463694

Cited 2 times | Published

PERSONAL INJURY DAMAGES (TORT REFORM ACT OF 1986, § 768.77 F.S. 1987) and MODEL FORM OF VERDICT ITEMIZING

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

160 So. 3d 869, 2015 WL 1400770

Supreme Court of Florida | Filed: Mar 26, 2015 | Docket: 2644854

Cited 1 times | Published

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

Nationwide Mutual Fire Insurance Co. v. Darragh

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

District Court of Appeal of Florida | Filed: Jun 8, 2012 | Docket: 60311333

Cited 1 times | Published

value had been superced-ed by an amendment to section 768.77, Florida Statutes, in 1999. See Ch. 99-225

Publix Super Markets, Inc. v. Young

848 So. 2d 1242, 2003 WL 21537344

District Court of Appeal of Florida | Filed: Jul 9, 2003 | Docket: 1309406

Cited 1 times | Published

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

ITT HARTFORD INS. COMPANY OF THE SOUTHEAST v. Owens

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

District Court of Appeal of Florida | Filed: Apr 19, 2000 | Docket: 1324787

Cited 1 times | Published

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

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

Supreme Court of Florida | Filed: Feb 27, 2020 | Docket: 16897140

Published

model 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

Supreme Court of Florida | Filed: Jun 16, 2016 | Docket: 3079196

Published

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

192 So. 3d 1183

Supreme Court of Florida | Filed: Apr 21, 2016 | Docket: 60294148

Published

DCA 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

192 So. 3d 1183, 2016 WL 1592719

Supreme Court of Florida | Filed: Apr 21, 2016 | Docket: 3056549

Published

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

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

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

Supreme Court of Florida | Filed: Apr 2, 1998 | Docket: 64781036

Published

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

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

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

Supreme Court of Florida | Filed: Oct 16, 1997 | Docket: 64776159

Published

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