Florida Statutes

Fla. Stat. § 768.16 (2025)

Wrongful Death Act.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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, 605 F.3d 843 (11th Cir. 2010).

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Penley v. Eslinger, 605 F.3d 843 (11th Cir. 2010). · 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., 845 F. Supp. 2d 1215 (M.D. Fla. 2011). · 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. Est. of Salvato v. Miley, 790 F.3d 1286 (11th Cir. 2015). “” 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, 267 F. Supp. 3d 1326 (N.D. Fla. 2017). · 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.”

Est. of Heiser v. Islamic Repub. of Iran, 466 F. Supp. 2d 229 (D.D.C. 2006). “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 Hosp., Inc., 316 So. 2d 642 (Fla. 4th DCA 1975). · 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, 621 F.3d 1330 (11th Cir. 2010). · 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 Enter.-Florida, 898 So. 2d 1 (Fla. 2004). “(1997) ("Survival Statute"); §§ 768.16-768.27, Fla. Stat. (1997) ("Wrongful Death Act").”

Anderson v. Snyder, 389 F. Supp. 3d 1082 (S.D. Fla. 2019). · 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 & Gen. Couns. of Otis Elevator Co. v. Catherine Craig-Myers, individually & as Pers. Rep. of the Est. of Robert Myers, 264 So. 3d 232 (Fla. 1st DCA 2018). · 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., 262 F. Supp. 2d 1319 (M.D. Fla. 2003). · 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., 262 F.R.D. 650 (S.D. Fla. 2009). · 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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