768.16

Wrongful Death Act.

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768.16 Wrongful Death Act.Sections 768.16-768.26 may be cited as the “Florida Wrongful Death Act.”
History.s. 1, ch. 72-35; s. 105, ch. 2003-1.
Notes of Decisions
Cited in 144 cases (19 in the last 5 years), 1974–2026 · leading case: Penley v. Eslinger
Penley v. Eslinger (2010) ca11 · cites it 2× “§ 1983 and the Florida Wrongful Death Act, Fla. Stat. §§ 768.16 -.26. They allege that Lieutenant Weippert used excessive force when he shot Mr.”
Starling v. R.J. Reynolds Tobacco Co. (2011) flmd · cites it 8× “See Fla. Stat. §§ 768.16-768.26 . “In merging the two prior actions, the legisla *1219 ture transferred the items of damage for loss of earnings, medical expenses, and funeral expenses from the survival statute to the new Wrongful Death Act.”
Salvato Ex Rel. Estate of Salvato v. Miley (2015) ca11 “” Salvato’s estate also alleged that Miley and the sheriff were liable for the wrongful death of Sal-vato under Florida law, Fla. Stat. §§ 768.16 -.26. Miley and the sheriff moved for summary judgment.”
Sharbaugh v. Beaudry (2017) flnd · cites it 4× “§ 1988 , and therefore, pursuant to § 1988, the Court must look to state law and award damages consistent with Florida’s Wrongful Death Act (“FWDA”), Fla. Stat. §§ 768.16-768.26 , which does not permit recovery for a decedent’s pre-death pain and suffering.”
Estate of Heiser v. Islamic Republic of Iran (2006) dcd “Fla. Stat. Ann. §§ 768.16-768.25 (2005). Under the Florida Wrongful Death Act, When the death of a person is caused by the wrongful act .”
Gaboury v. Flagler Hospital, Inc. (1975) fladistctapp · cites it 4× “The plaintiffs filed an action for damages in Orange County, as parents and administrators of the estate of the decedent, under the Florida Wrongful Death Act, Fla. Stat. § 768.16 et seq. (1973). The complaint alleged, inter alia, that the decedent, who was driving from…”
Bradley v. Sebelius (2010) ca11 · cites it 2× “[2] Florida's Wrongful Death Act (FWDA) is codified at Fla. Stat. §§ 768.16 to 768.26 (2003). Under Florida law, "[t]he action shall be brought by the decedent's personal representative, who shall recover for the benefit of the decedent's survivors and estate all damages, as…”
Knowles v. Beverly Enterprises-Florida (2004) fla “(1997) ("Survival Statute"); §§ 768.16-768.27, Fla. Stat. (1997) ("Wrongful Death Act").”
Anderson v. Snyder (2019) flsd · cites it 4× “Plaintiff brings two causes of action against Defendants: count 1 arises out of the Deputies' response to the first 911 call and states a negligent wrongful death claim against Sheriff Snyder under Florida's Wrongful Death Act, Fla. Stat. § 768.16 - 768.26. (DE 31 ¶¶ 6-17).”
Nora LaFreniere, Vice President and General Counsel of Otis Elevator Company v. Catherine Craig-Myers, individually and (2018) fladistctapp · cites it 2× “” Appellee brought a wrongful death action against Otis Elevator Company and Appellant, alleging that jurisdiction was invoked pursuant to section 768.16, Florida Statutes, “the Florida Wrongful Death Act.”
Diebel v. S.B. Trucking Co. (2003) flmd · cites it 2× “10 On July 26, 2002, the Plaintiff filed suit against the Defendants pursuant to Florida’s Wrongful Death Act, Fla. Stat. §§ 768.16-768.27 , alleging causes of action for negligent operation, maintenance, and/or control of the tractor-trailer.”
Fojtasek v. NCL (Bahamas) Ltd. (2009) flsd · cites it 2× “, (“NCL”) pursuant to the Florida Wrongful Death Act, Fla. Stat. § 768.16 et seq., for NCL’s alleged negligence related to an excursion wherein Mrs.”
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This Florida statute resource is curated by this site's author, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 768 matters in the context of negligence and personal injury claims and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.