Florida Statutes
Fla. Stat. § 46.021 (2025)
Actions; surviving death of party.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
46.021 Actions; surviving death of party.—No cause of action dies with the person. All causes of action survive and may be commenced, prosecuted, and defended in the name of the person prescribed by law.
History.—s. 30, Nov. 23, 1828; RS 989; GS 1375; RGS 2571; CGL 4211; s. 1, ch. 26541, 1951; s. 2, ch. 67-254.
Note.—Former s. 45.11.
Notes of Decisions
Cited in 108
cases (15 in the last 5 years), 1968–2025 · leading case: Knowles v. Beverly Enter.-Florida, 898 So. 2d 1 (Fla. 2004).
Knowles v. Beverly Enter.-Florida, 898 So. 2d 1 (Fla. 2004). “See § 46.021, Fla. Stat. (1997) ("Survival Statute"); §§ 768.”
Capone v. Philip Morris USA, Inc., 116 So. 3d 363 (Fla. 2013). “lorida Wrongful Death Act” and stated that, as a result of the defendants’ actions, “Plaintiffs Decedent was injured and died,” the amended complaint also contained the following language: Alternatively, in the event one or more of the Defendants contend that Decedent died of…”
Martin v. United Sec. Servs., Inc., 314 So. 2d 765 (Fla. 1975). “[1] Specifically, we are asked to determine whether the new Act has constitutionally eliminated claims under the survival statute, Section 46.021, Florida Statutes (1973), for (1) pain and suffering of a decedent and (2) punitive damages pursuant to Atlas Properties, Inc.”
Greenfield v. Manor Care, Inc., 705 So. 2d 926 (Fla. 4th DCA 1997). “023 lends itself to the interpretation espoused by the trial court, that is, that suits by personal representatives on behalf of deceased residents are allowed only when the nursing home's alleged negligence caused the resident's death.”
Niemi v. Brown & Williamson Tobacco Corp., 862 So. 2d 31 (Fla. 2d DCA 2003). “However, section 46.021, Florida Statutes (2002), has long overridden the common law.”
Sharbaugh v. Beaudry, 267 F. Supp. 3d 1326 (N.D. Fla. 2017). “First, because the decedent’s cause of action survived under Fla. Stat. § 46.021 (“[n]o cause of action dies with the person”), the personal representative could bring suit on the decedent’s behalf.”
Thompson v. Kindred Nursing Centers East, LLC, 211 F. Supp. 2d 1345 (M.D. Fla. 2002). “pursuant to Fla. Stat. § 46.021 .” [Docket No. 7 ¶ 10].”
Laizure v. Avante at Leesburg, Inc., 109 So. 3d 752 (Fla. 2013). “” § 46.021, Fla. Stat. (2008). Section 768.”
Smith v. Lusk, 356 So. 2d 1309 (Fla. 2d DCA 1978). “Count I was an action pursuant to Section 46.021, Florida Statutes (1975), commonly referred to as "The Survival Statute", for personal injuries and pain and suffering of Mrs.”
Bould v. Touchette, 349 So. 2d 1181 (Fla. 1977). “03, Florida Statutes (1970), and the former survivorship statute, Section 46.021, Florida Statutes (1970)).”
Atlas Props., Inc. v. Didich, 226 So. 2d 684 (Fla. 1969). “11 (1965) [now Fla. Stat. § 46.021 (1967), F.S. A], seeking recovery of the compensatory AND punitive damages which Kay would have been able to seek in her own name if she had lived.”
Starling v. R.J. Reynolds Tobacco Co., 845 F. Supp. 2d 1215 (M.D. Fla. 2011). “Fla. Stat. § 46.021 (2011) ("Florida's Survival Statute” or "Survival Statute” or "Section 46.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.