Recovering Past Medical Expenses in Florida Personal Injury Cases

surgery.jpgOne of the primary responsibilities of personal injury attorneys who represent Plaintiffs, those injured by the negligence of others, is to recover past and future medical expenses.

Recovering the past medical expenses requires proof that the charges are reasonable, related to the accident, and necessary. See Garrett v. Morris Kirschman & Co., Inc., 336 So.2d 566 (Fla. 1976).

Interestingly, while expert medical testimony is required to prove the relationship between the accident and the injuries, expert testimony is not always required to prove that the charges are reasonable and necessary. See, Id., and Albertson’s, Inc. v. Brady, 475 So.2d 986 (Fla. 2d DCA 1985), rev. denied, 486 So.2d 595 (Fla. 1986).

In Easton v. Bradford, 390 So.2d 1202 (Fla. 2d DCA 1980), the plaintiff’s detailed description of the treatment procedures clearly relating the therapy to the accident, was sufficient to properly admit the bills into evidence.

In contrast, in Albertson’s Inc. v. Brady, 475 So.2d 986 (Fla. 2nd DCA 1985), unlike in Garrett and Easton, plaintiff’s testimony did not associate each medical bill with injuries resulting from the accident. Cf. Polaco v. Smith, 376 So.2d 409 (Fla. 1st DCA 1979).

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Jeffrey P. Gale, P.A. is a South Florida based law firm committed to the judicial system and to representing and obtaining justice for individuals – the poor, the injured, the forgotten, the voiceless, the defenseless and the damned, and to protecting the rights of such people from corporate and government oppression. We do not represent government, corporations or large business interests.

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