Florida Statute 768.042 - Full Text and Legal Analysis

768.042 Damages.—In any action brought in the circuit court to recover damages for personal injury or wrongful death, the amount of general damages shall not be stated in the complaint, but the amount of special damages, if any, may be specifically pleaded and the requisite jurisdictional amount established for filing in any court of competent jurisdiction.

History.—ss. 8, 9, ch. 75-9; s. 161, ch. 2020-2.

Cases Citing F.S. 768.042

Fla. Stat. § 768.042 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·Est. of Shearer v. Agency for Health Care, 737 So. 2d 1229 (Fla. 5th DCA 1999).
Cited 3 times | Published | Florida 5th District Court of Appeal | 1999 WL 550508
...In Bell, the statement of claim was challenged by the personal representative because it did not set out the amount claimed in the wrongful death action. A claim for wrongful death damages is, by its very nature, unliquidated. In fact, a plaintiff in a wrongful death suit is prohibited by section 768.042 from stating in the complaint the amount of general damages sought....
0 red0 yellow2 green0 procedural
Cited as authority(citing case) (2019)
phrase: "rule_authority"
Cited as authorityBaillargeon (2010)
phrase: "rule_authority"
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·Bell v. Harris, 381 So. 2d 1167 (Fla. Dist. Ct. App. 1980).
Published | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16328
...833, 837 (Fla.1938). This Statement of Claim adequately puts appellant on notice as to the basis of the claim. Neither § 733.703, F.S. (1977) nor Fla.R.P. & G.P. 5.490 requires appellant to put a dollar figure in an unliquidated claim for wrongful death. Cf. § 768.042, F.S....
0 red0 yellow0 green3 procedural
Review deniedMay (1999)
phrase: "review denied"
Review deniedMay (1999)
phrase: "review denied"
Review denied(citing case) (1999)
phrase: "review denied"
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In Re: Amendments to the Florida Rules of Civil Procedure, Florida Small Claims Rules, & Florida Rules of Appellate Procedure – Jurisdiction (Fla. 2020).
Published | Supreme Court of Florida
...to make that data available to those studying residential evictions. The remainder of comments primarily contend that (1) new section II (Amount of Claim) of the form, which asks for the estimated dollar amount of the claim, is inconsistent with section 768.042(1), Florida Statutes (2019), which prohibits the amount of general damages sought from being stated in a complaint in a personal injury or wrongful death action, and (2) the specific estimated dollar claim amount provided in the co...

This Florida statute resource is curated by Graham W. Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). Attorney Syfert regularly works with Chapter 768 in the context of negligence and personal injury claims and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.

Florida/Georgia Personal Injury & Workers Compensation

Cases Citing F.S. 768.042

·Est. of Shearer v. Agency for Health Care, 737 So. 2d 1229 (Fla. 5th DCA 1999).

·Bell v. Harris, 381 So. 2d 1167 (Fla. Dist. Ct. App. 1980).

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Small Claims Rules, & Florida Rules of Appellate Procedure – Jurisdiction (Fla. 2020).