Florida Statute 768.042 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

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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.

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Amendments to 768.042

Annotations, Discussions, Cases:

Cases Citing Statute 768.042

Total Results: 3

Estate of Shearer v. AGENCY FOR HEALTH CARE

737 So. 2d 1229, 1999 WL 550508

District Court of Appeal of Florida | Filed: Jul 30, 1999 | Docket: 1300995

Cited 3 times | Published

in a wrongful death suit is prohibited by section 768.042 from stating in the complaint the amount of

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Small Claims Rules, and Florida Rules of Appellate Procedure – Jurisdiction

Supreme Court of Florida | Filed: Aug 13, 2020 | Docket: 17440544

Published

amount of the claim, is inconsistent with section 768.042(1), Florida Statutes (2019), which prohibits

Bell v. Harris

381 So. 2d 1167, 1980 Fla. App. LEXIS 16328

District Court of Appeal of Florida | Filed: Mar 14, 1980 | Docket: 64575236

Published

an unliquidated claim for wrongful death. Cf. § 768.042, F.S. (1977), which provides that in a wrongful

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. 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.