Analysis

Fla. Injury Defense Attys Hope To Thwart 'Phantom Damages'

Law360 (February 5, 2020, 6:42 PM EST) -- Injury defense attorneys in Florida are closely watching proposed legislation that would outlaw so-called phantom damages in injury trials, describing the bill as a key step in reining in jury verdicts that don’t reflect the actual costs of medical care.

The Florida Senate’s Judiciary Committee on Jan. 28 advanced S.B. 1668, a bill that would bar phantom damages, or when a jury only hears about the billed price of medical expenses, which is often not the actual amount paid by an insurance company that already negotiated discount prices with health care providers.

The bill’s proponents argue that juries seeing artificially inflated...

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