Florida Statutes
Fla. Stat. § 768.042 (2025)
Damages.
✓ 2025 Florida Statutes: through the 2025 Regular Session (some sections already show 2026 laws)
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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.
Notes of Decisions
Cited in 7
cases (4 in the last 5 years), 1980–2024 · leading case: Bell v. Harris, 381 So. 2d 1167 (Fla. 1st DCA 1980).
Bell v. Harris, 381 So. 2d 1167 (Fla. 1st DCA 1980). “§ 768.042, F.S. (1977), which provides that in a wrongful death action the amount of general damages shall not be stated in the complaint.”
Est. of Shearer v. Agency for Health Care, 737 So. 2d 1229 (Fla. 5th DCA 1999). “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.”
In re Amendments to the Florida Rules of Civil Procedure, Florida Small Claims Rules, & Florida Rules of Appellate Procedure – Jurisdiction, 302 So. 3d 811 (Fla. 2020). “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…”
Martinez-Lopez v. Bowden, No. 3:23-cv-00736, 2024 WL 1252381 (M.D. Fla. Mar. 25, 2024). “§ 768.042 (2020). or wrongful death suits (Fl.”
Davis v. RTM Operating Co., No. 3:23-cv-00930 (M.D. Fla. Mar. 25, 2024). “§ 768.042 (2020). or wrongful death suits (Fl.”
Lima v. Howard, No. 3:23-cv-00869 (M.D. Fla. Mar. 25, 2024). “§ 768.042 (2020). or wrongful death suits (Fl.”
Koach v. Maynard, No. 3:23-cv-00922 (M.D. Fla. Mar. 25, 2024). “§ 768.042 (2020). or wrongful death suits (Fl.”
768.042(1): 1 case
In re Amendments to the Florida Rules of Civil Procedure, Florida Small Claims Rules, & Florida Rules of Appellate Procedure – Jurisdiction, 302 So. 3d 811 (Fla. 2020). “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…”
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