Florida Statute 768.18 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

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768.18 Definitions.—As used in ss. 768.16-768.26:

(1) “Survivors” means the decedent’s spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. It includes the child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child’s support.

(2) “Minor children” means children under 25 years of age, notwithstanding the age of majority.

(3) “Support” includes contributions in kind as well as money.

(4) “Services” means tasks, usually of a household nature, regularly performed by the decedent that will be a necessary expense to the survivors of the decedent. These services may vary according to the identity of the decedent and survivor and shall be determined under the particular facts of each case.

(5) “Net accumulations” means the part of the decedent’s expected net business or salary income, including pension benefits, that the decedent probably would have retained as savings and left as part of her or his estate if the decedent had lived her or his normal life expectancy. “Net business or salary income” is the part of the decedent’s probable gross income after taxes, excluding income from investments continuing beyond death, that remains after deducting the decedent’s personal expenses and support of survivors, excluding contributions in kind.

History.—s. 1, ch. 72-35; s. 66, ch. 77-121; s. 40, ch. 77-468; s. 1, ch. 81-183; s. 3, ch. 89-61; s. 1, ch. 90-14; s. 1167, ch. 97-102; s. 107, ch. 2003-1.

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Amendments to 768.18

Annotations, Discussions, Cases:

Cases Citing Statute 768.18

Total Results: 101

BellSouth Telecommunications, Inc. v. Meeks

863 So. 2d 287, 28 Fla. L. Weekly Supp. 775, 2003 Fla. LEXIS 1730, 2003 WL 22349663

Supreme Court of Florida | Filed: Oct 16, 2003 | Docket: 1432217

Cited 67 times | Published

as a person under twenty-five years of age. Id. § 768.18(2). Meeks' survivors filed suit against both FP

Gammon v. Cobb

335 So. 2d 261

Supreme Court of Florida | Filed: Jun 30, 1976 | Docket: 1711258

Cited 59 times | Published

responsibility for the child's support." Sub-section 768.18(1), Florida Statutes. In a case decided by

Robert McK Foster, as Personal Representative of the Estates of Almon O. Thompson, Deceased, and Doris E. Thompson, Deceased v. United States

768 F.2d 1278, 1985 U.S. App. LEXIS 21342

Court of Appeals for the Eleventh Circuit | Filed: Aug 16, 1985 | Docket: 284844

Cited 39 times | Published

dependent on the decedent for support.” Fla.Stat.Ann. § 768.18. A bench trial was conducted on the issue

Vildibill v. Johnson

492 So. 2d 1047, 11 Fla. L. Weekly 275

Supreme Court of Florida | Filed: Jun 26, 1986 | Docket: 478644

Cited 34 times | Published

this case was not a minor child as defined in section 768.18(2), Florida Statutes (1983). Similarly, the

Ellis v. Golconda Corp.

352 So. 2d 1221

District Court of Appeal of Florida | Filed: Nov 29, 1977 | Docket: 1683139

Cited 22 times | Published

trial court that pursuant to the provisions of Section 768.18, Florida Statutes, she was "partly ... dependent

Harold Ageloff and Carol M. Ageloff, as Personal Representatives of the Estate of Scott Alan Ageloff, Deceased v. Delta Airlines Inc.

860 F.2d 379, 1988 U.S. App. LEXIS 15593, 1988 WL 112877

Court of Appeals for the Eleventh Circuit | Filed: Nov 18, 1988 | Docket: 278409

Cited 18 times | Published

Exclusion 4 contained in Fla.Stat. § 768.18(5), (ii) allowing an improperly speculative, multiple

Florida Convalescent Centers v. Somberg

840 So. 2d 998, 28 Fla. L. Weekly Supp. 122, 2003 Fla. LEXIS 166, 2003 WL 252155

Supreme Court of Florida | Filed: Feb 6, 2003 | Docket: 1748290

Cited 17 times | Published

relatives and adoptive brothers and sisters." § 768.18(1), Fla. Stat. (1997). Section 768.19, Florida

White v. Clayton

323 So. 2d 573

Supreme Court of Florida | Filed: Oct 22, 1975 | Docket: 1258301

Cited 17 times | Published

the definition of `survivors' set forth in Section 768.18 is read in conjunction with the above-quoted

Lane v. Calhoun-Liberty County Hosp. Ass'n Inc.

846 F. Supp. 1543, 1994 U.S. Dist. LEXIS 7969, 1994 WL 96755

District Court, N.D. Florida | Filed: Mar 11, 1994 | Docket: 1276654

Cited 16 times | Published

child" as children under 25 years of age. Id. at § 768.18(2). Although Plaintiff has not alleged her son's

Koile v. State

902 So. 2d 822, 2005 WL 171454

District Court of Appeal of Florida | Filed: Jan 7, 2005 | Docket: 1674992

Cited 15 times | Published

548 So.2d 1116, 1117-18 (Fla.1989). See also § 768.18, Fla. Stat. (2003). A review of the record suggests

Veliz v. Rental Service Corp. USA, Inc.

313 F. Supp. 2d 1317, 2003 U.S. Dist. LEXIS 24924, 2003 WL 23355662

District Court, M.D. Florida | Filed: Dec 19, 2003 | Docket: 406248

Cited 15 times | Published

responsibility for the child's support. Fla. Stat. § 768.18(1). With these principles in mind, the Plaintiff

Delta Air Lines, Inc. v. Ageloff

552 So. 2d 1089, 14 Fla. L. Weekly 546, 1989 Fla. LEXIS 1037, 1989 WL 128589

Supreme Court of Florida | Filed: Oct 26, 1989 | Docket: 1200523

Cited 15 times | Published

of net accumulations as defined in Fla. Stat. § 768.18(5). That provision defines "net accumulations"

In Re Standard Jury Instructions in Civil Cases—Report No. 09-01

35 So. 3d 666, 35 Fla. L. Weekly Supp. 149, 2010 Fla. LEXIS 302

Supreme Court of Florida | Filed: Mar 4, 2010 | Docket: 1646266

Cited 14 times | Published

is not derived from salary or business. See F.S. 768.18(5) (1985); Delta Air Lines, Inc. v. Ageloff,

ACandS, Inc. v. Redd

703 So. 2d 492, 1997 WL 758728

District Court of Appeal of Florida | Filed: Dec 10, 1997 | Docket: 1348781

Cited 14 times | Published

J., concurs. NOTES [1] § 768.18(1), Fla. Stat. (1995). [2] Section 768.18(3), Florida Statutes (1995)

Taylor v. Orlando Clinic

555 So. 2d 876, 1989 WL 139521

District Court of Appeal of Florida | Filed: Nov 22, 1989 | Docket: 1396992

Cited 13 times | Published

to substitute a wrongful death action under section 768.18, Florida Statutes, for the personal injury

Thompson v. Hodson

825 So. 2d 941

District Court of Appeal of Florida | Filed: May 9, 2002 | Docket: 1691138

Cited 12 times | Published

child for purposes of the wrongful death act. See § 768.18(2), Fla. Stat. (1993) ("`Minor children' means

Grant v. Sedco Corporation

364 So. 2d 774

District Court of Appeal of Florida | Filed: Nov 1, 1978 | Docket: 461835

Cited 11 times | Published

Mikel Marks. The Florida Wrongful Death Act § 768.18, Florida Statutes (1977) is on point. That statute

Greenfield v. Daniels

51 So. 3d 421, 35 Fla. L. Weekly Supp. 685, 2010 Fla. LEXIS 2012, 2010 WL 4740297

Supreme Court of Florida | Filed: Nov 24, 2010 | Docket: 2406988

Cited 9 times | Published

that the child qualifies as a "survivor" under section 768.18(1), Florida Statutes (2005), may be determined

DeVaughn v. DeVaughn

840 So. 2d 1128, 2003 WL 1566546

District Court of Appeal of Florida | Filed: Mar 26, 2003 | Docket: 1748262

Cited 9 times | Published

not a survivor under the Wrongful Death Act. Section 768.18, Florida Statutes, provides that "survivors"

Achumba v. Neustein

793 So. 2d 1013, 26 Fla. L. Weekly Fed. D 1659

District Court of Appeal of Florida | Filed: Jul 6, 2001 | Docket: 279512

Cited 9 times | Published

maintains that Smoot is entitled to recover under section 768.18 as Honor's "survivor." After answering the

Kidron, Inc. v. Carmona

665 So. 2d 289, 1995 Fla. App. LEXIS 12560, 1995 WL 712597

District Court of Appeal of Florida | Filed: Dec 6, 1995 | Docket: 1352008

Cited 9 times | Published

should reflect only those items as defined in section 768.18(5), Florida Statutes (1993). That section defines

Wilcox v. Leverock

548 So. 2d 1116, 1989 WL 109505

Supreme Court of Florida | Filed: Sep 21, 1989 | Docket: 1333735

Cited 9 times | Published

definition of "net accumulations" contained in section 768.18(5), Fla. Stat. (1983) excluded income derived

Hanley v. Liberty Mutual Insurance Company

334 So. 2d 11

Supreme Court of Florida | Filed: May 28, 1976 | Docket: 1309747

Cited 9 times | Published

BOYD and SUNDBERG, JJ., concur. NOTES [1] Section 768.18(2) provides: "`Minor children' means unmarried

Meeks v. Florida Power & Light Co.

816 So. 2d 1125, 2002 WL 440384

District Court of Appeal of Florida | Filed: Mar 22, 2002 | Docket: 1753591

Cited 8 times | Published

"survivors" broadly to include the decedent's children. § 768.18(1), Fla. Stat. (1997). As survivors, children

Funchess v. Gulf Stream Apartments

611 So. 2d 43, 1992 WL 379848

District Court of Appeal of Florida | Filed: Dec 23, 1992 | Docket: 2516807

Cited 7 times | Published

"administrator ad litem". The wrongful death statute, section 768.18, Florida Statutes *45 (1989), does not define

Bassett v. Merlin, Inc.

335 So. 2d 273

Supreme Court of Florida | Filed: May 28, 1976 | Docket: 2551277

Cited 7 times | Published

survivors under Florida's wrongful death statute. Section 768.18(1), Florida Statutes. The trial court certified

Tobias v. Osorio

681 So. 2d 905, 1996 WL 604177

District Court of Appeal of Florida | Filed: Oct 23, 1996 | Docket: 1384797

Cited 6 times | Published

estate if he had lived his normal life expectancy." § 768.18(5), Fla. Stat. (1995). Here, while two witnesses

Rice v. Brown

645 So. 2d 1020, 1994 WL 551519

District Court of Appeal of Florida | Filed: Oct 12, 1994 | Docket: 1654445

Cited 6 times | Published

would have reached that status in five years. § 768.18(2), Fla. Stat. (1983) (period of minority ends

Henderson v. Ins. Co. of North America

347 So. 2d 690

District Court of Appeal of Florida | Filed: Jun 10, 1977 | Docket: 1687201

Cited 6 times | Published

supports the trial court's ruling by pointing to Section 768.18(1), Florida Statutes (1975), which defines

Gwendolyn E. Odom, etc. v. R.J. Reynolds Tobacco Company

254 So. 3d 268

Supreme Court of Florida | Filed: Sep 20, 2018 | Docket: 7943260

Cited 5 times | Published

surviving spouse. See id. § 768.18(2) (defining minor child as a child "under 25

Jolley v. SEAMCO LABORATORIES INC.

828 So. 2d 1050, 2002 WL 31307120

District Court of Appeal of Florida | Filed: Oct 16, 2002 | Docket: 1523220

Cited 5 times | Published

recognized a responsibility for the child's support." § 768.18(1), Fla. Stat. (2001). The Florida Legislature

Williams v. Infinity Ins. Co.

745 So. 2d 573, 1999 WL 1127626

District Court of Appeal of Florida | Filed: Dec 10, 1999 | Docket: 1689161

Cited 5 times | Published

"minor children" under the Wrongful Death Act. See § 768.18(2), Fla. Stat. (1997). Infinity and Allstate had

Frazier v. Metropolitan Dade County

701 So. 2d 418, 1997 WL 699562

District Court of Appeal of Florida | Filed: Nov 12, 1997 | Docket: 2531669

Cited 5 times | Published

recognized a responsibility for the child's support." § 768.18(1), Fla.Stat. (1995). [3] Because the mother's

Lindsay v. Allstate Ins. Co.

561 So. 2d 427, 1990 WL 62894

District Court of Appeal of Florida | Filed: May 15, 1990 | Docket: 1740339

Cited 5 times | Published

term "net accumulations" as plainly defined in section 768.18(5): [T]he part of the decedent's expected net

Singletary v. National RR Passenger Corp.

376 So. 2d 1191

District Court of Appeal of Florida | Filed: Oct 24, 1979 | Docket: 1411703

Cited 5 times | Published

and his estate. § 768.20, Fla. Stat. (1977). Section 768.18(1) defines survivors to include a decedent's

Whitefield v. Kainer

369 So. 2d 684

District Court of Appeal of Florida | Filed: Apr 18, 1979 | Docket: 470749

Cited 5 times | Published

The child claims to be a "survivor" under Section 768.18(1), Florida Statutes (1977) which reads: (1)

Smyer v. Gaines

332 So. 2d 655

District Court of Appeal of Florida | Filed: Jun 3, 1976 | Docket: 1314486

Cited 5 times | Published

error; therefore, a reversal is not required. Section 768.18, Florida Statutes, defines "survivors" as including

Domino's Pizza v. Wiederhold

248 So. 3d 212

District Court of Appeal of Florida | Filed: May 7, 2018 | Docket: 6773033

Cited 4 times | Published

relatives and adoptive brothers and sisters.” Id. § 768.18(1). Where the legislature has defined a term

Kelly v. Georgia-Pacific, LLC

211 So. 3d 340, 2017 WL 697746, 2017 Fla. App. LEXIS 2413

District Court of Appeal of Florida | Filed: Feb 22, 2017 | Docket: 60262589

Cited 4 times | Published

recognized a responsibility for the child’s support. § 768.18(1), Fla. Stat. (2015). As for damages, a wrongful

Estate of McCall v. United States

663 F. Supp. 2d 1276, 2009 U.S. Dist. LEXIS 95302, 2009 WL 3163183

District Court, N.D. Florida | Filed: Sep 30, 2009 | Docket: 879550

Cited 4 times | Published

regardless of the age of majority. Fla. Stat. § 768.18(2). [23] The record does not contain the life

Watters v. Walgreen Co.

967 So. 2d 930, 2007 WL 2456169

District Court of Appeal of Florida | Filed: Aug 31, 2007 | Docket: 1454214

Cited 4 times | Published

Act's definition of "survivors" should govern. See § 768.18(1), Fla. Stat. (2005). However, application of

Citrus County v. McQuillin

840 So. 2d 343, 2003 WL 365944

District Court of Appeal of Florida | Filed: Feb 21, 2003 | Docket: 1748210

Cited 4 times | Published

of survivors, excluding contributions in kind. § 768.18(5), Fla. Stat. The purpose of allowing a personal

Snoozy v. US Gypsum Co.

695 So. 2d 767, 1997 WL 194006

District Court of Appeal of Florida | Filed: Apr 23, 1997 | Docket: 1522028

Cited 4 times | Published

and Gerald are considered minor children. See § 768.18(2), Florida Statutes (1995). Pursuant to section

Cinghina v. Racik

647 So. 2d 289, 1994 WL 695520

District Court of Appeal of Florida | Filed: Dec 14, 1994 | Docket: 2424769

Cited 4 times | Published

act, caused by the injury resulting in death. Section 768.18, Florida Statutes (1987), defines "survivors:"[2]

Capiello v. Goodnight

357 So. 2d 225

District Court of Appeal of Florida | Filed: Mar 31, 1978 | Docket: 453812

Cited 4 times | Published

complaint were not "survivors" as defined by Section 768.18(1). The appellee argues that the reference

Miller v. Highlands Insurance Company

336 So. 2d 636, 1976 Fla. App. LEXIS 15359

District Court of Appeal of Florida | Filed: Aug 6, 1976 | Docket: 1378768

Cited 4 times | Published

key wording in this section is "minor child." Section 768.18(2), Florida Statutes (1973), Definitions, states:

Zinn v. United States

835 F. Supp. 2d 1280, 2011 U.S. Dist. LEXIS 137566, 2011 WL 6202890

District Court, S.D. Florida | Filed: Nov 30, 2011 | Docket: 65977910

Cited 3 times | Published

“Net accumulations” is defined under Fla. Stat § 768.18 as: The part of the decedent’s expected net business

Burks v. Beary

713 F. Supp. 2d 1350, 2010 U.S. Dist. LEXIS 42267, 2010 WL 1742086

District Court, M.D. Florida | Filed: Apr 29, 2010 | Docket: 2403356

Cited 3 times | Published

relatives and adoptive brothers and sisters." Id. § 768.18. Ricky had no spouse or children, his parents

Niziol v. Pasco County Dist. School Bd.

240 F. Supp. 2d 1194, 2002 U.S. Dist. LEXIS 21386, 2002 WL 31063883

District Court, M.D. Florida | Filed: Aug 9, 2002 | Docket: 2193785

Cited 3 times | Published

liable under Florida's Wrongful Death Statute, Section 768.18 et seq. Because the Court dismisses Plaintiffs'

Guadalupe v. Peterson

779 So. 2d 494, 2000 WL 1781448

District Court of Appeal of Florida | Filed: Dec 6, 2000 | Docket: 2544887

Cited 3 times | Published

"survivor" includes a decedent's parents. See § 768.18(1). Section 768.21(4) states that each parent

King v. Font Corp.

612 So. 2d 662, 1993 WL 10568

District Court of Appeal of Florida | Filed: Jan 20, 1993 | Docket: 1262728

Cited 3 times | Published

clear that the definition of "survivors" in section 768.18, Florida Statutes (Supp. 1990), determines

Hiatt ex rel. Estate of Hiatt v. United States

910 F.2d 737

Court of Appeals for the Eleventh Circuit | Filed: Sep 4, 1990 | Docket: 66255677

Cited 3 times | Published

notwithstanding the age of majority.” Fla.Stat. § 768.18(2) (1986). We consider this more specific statute

Krouse v. Krouse

489 So. 2d 106, 11 Fla. L. Weekly 1121

District Court of Appeal of Florida | Filed: May 13, 1986 | Docket: 545424

Cited 3 times | Published

resulting in death." [2] Survivors, as defined in Section 768.18(1), including parents, are entitled to recover

Krouse v. Krouse

489 So. 2d 106, 11 Fla. L. Weekly 1121

District Court of Appeal of Florida | Filed: May 13, 1986 | Docket: 545424

Cited 3 times | Published

resulting in death." [2] Survivors, as defined in Section 768.18(1), including parents, are entitled to recover

Tubbs v. Dressler

419 So. 2d 1151

District Court of Appeal of Florida | Filed: Sep 29, 1982 | Docket: 1608632

Cited 3 times | Published

years of age, and thus "minor children" under section 768.18(2), Florida Statutes (1977). The statute has

McPhail v. Jenkins

382 So. 2d 1329

District Court of Appeal of Florida | Filed: Apr 25, 1980 | Docket: 1369087

Cited 3 times | Published

eighteen years under the Wrongful Death Act, Section 768.18(2), Florida Statutes (1972). They further maintain

Bassett v. Merlin, Inc.

304 So. 2d 543

District Court of Appeal of Florida | Filed: Dec 10, 1974 | Docket: 1437714

Cited 3 times | Published

His parents are his only survivors as defined by § 768.18(1), Fla. Stat., F.S.A. The following question

R.J. Reynolds Tobacco Co. v. Diane Schleider, Etc.

273 So. 3d 63

District Court of Appeal of Florida | Filed: Dec 26, 2018 | Docket: 8454709

Cited 2 times | Published

of age, notwithstanding the age of majority.” § 768.18(2), Fla. Stat. Here, the Schleider’s daughter

Daniels v. Greenfield

15 So. 3d 908, 2009 Fla. App. LEXIS 10724, 2009 WL 2382377

District Court of Appeal of Florida | Filed: Aug 5, 2009 | Docket: 1660767

Cited 2 times | Published

recognized a responsibility for the child's support. § 768.18(1), Fla. Stat. A "minor child" is defined as a

Lifemark Hospitals of Florida, Inc. v. Afonso

4 So. 3d 764, 2009 Fla. App. LEXIS 1944, 2009 WL 605342

District Court of Appeal of Florida | Filed: Mar 11, 2009 | Docket: 1666508

Cited 2 times | Published

accumulations of the estate, as defined by section 768.18(5). Afonso alleged that she was entitled to

Enterprise Leasing Co. v. Sosa

907 So. 2d 1239, 2005 Fla. App. LEXIS 11054, 2005 WL 1678541

District Court of Appeal of Florida | Filed: Jul 20, 2005 | Docket: 1574493

Cited 2 times | Published

involves Florida's Wrongful Death Statute. Section 768.18, Florida Statutes (2000), lists who may recover

Young v. ST. VINCENT'S MEDICAL CENTER

653 So. 2d 499, 1995 WL 234614

District Court of Appeal of Florida | Filed: Apr 24, 1995 | Docket: 552214

Cited 2 times | Published

fetus, and an unborn child, respectively. [13] F.S. 768.18. [14] F.S. 768.21. [15] Whitefield v. Kainer

Weimer v. Wolf

641 So. 2d 480, 1994 WL 444750

District Court of Appeal of Florida | Filed: Aug 19, 1994 | Docket: 1648592

Cited 2 times | Published

*481 Ch. 72-35, § 1, Laws of Fla. (codified at § 768.18(2), Fla. Stat. (Supp. 1972)). "Survivors" included

Nakajima Ex Rel. Estate of Nakajima v. United States

759 F. Supp. 1573, 1991 U.S. Dist. LEXIS 3091, 1991 WL 34651

District Court, S.D. Florida | Filed: Mar 12, 1991 | Docket: 1040588

Cited 2 times | Published

his normal life expectancy. Florida Statute Section 768.18(5). DD. At the time of his death, KEIJI NAKAJIMA

Harold Ageloff and Carol M. Ageloff, as Personal Representatives of the Estate of Scott Alan Ageloff, Deceased v. Delta Airlines, Inc.

867 F.2d 1268, 1989 U.S. App. LEXIS 2624, 1989 WL 15719

Court of Appeals for the Eleventh Circuit | Filed: Feb 17, 1989 | Docket: 986495

Cited 2 times | Published

accumulations as defined in Fla.Stat. § 768.18(5). That provision defines “net accumulations”

Vildibill v. Johnson

802 F.2d 1347, 1986 U.S. App. LEXIS 32574

Court of Appeals for the Eleventh Circuit | Filed: Oct 23, 1986 | Docket: 804058

Cited 2 times | Published

this case was not a minor child as defined in section 768.18(2), Florida Statutes (1983). Similarly, the

Anderson v. Anderson

468 So. 2d 528, 10 Fla. L. Weekly 1203

District Court of Appeal of Florida | Filed: May 14, 1985 | Docket: 2528074

Cited 2 times | Published

the decedent's mother, is a "survivor" under section 768.18(1) and is, therefore, entitled to have the

In re Standard Jury Instructions in Civil Case—Report No. 12-01

130 So. 3d 596, 2013 WL 2349287

Supreme Court of Florida | Filed: May 30, 2013 | Docket: 60237846

Cited 1 times | Published

is not derived from salary or business. See F.S. 768.18(5) (1985); Delta Air Lines, Inc. v. Ageloff,

Claudio v. Regalado

116 So. 3d 451, 2013 WL 765007, 2013 Fla. App. LEXIS 3321

District Court of Appeal of Florida | Filed: Mar 1, 2013 | Docket: 60232354

Cited 1 times | Published

survivor of his deceased minor daughter under section 768.18, Florida Statutes (2006), part of Florida's

Perez v. United States

883 F. Supp. 2d 1257, 2012 WL 3265086, 2012 U.S. Dist. LEXIS 110024

District Court, S.D. Florida | Filed: Aug 7, 2012 | Docket: 65984040

Cited 1 times | Published

Plaintiff was a minor according to Fla. Stat. § 768.18, which defines minor as “children under 25 years

University of Miami v. Wilson

948 So. 2d 774, 2007 Fla. App. LEXIS 2728, 2006 WL 1687685

District Court of Appeal of Florida | Filed: Feb 28, 2007 | Docket: 1767914

Cited 1 times | Published

upon the decedent are not `survivors' under section 768.18(1)."). Salmon was twenty-two at the time of

Barlow v. North Okaloosa Medical Center

877 So. 2d 655, 29 Fla. L. Weekly Supp. 64, 2004 Fla. LEXIS 185, 2004 WL 252036

Supreme Court of Florida | Filed: Feb 12, 2004 | Docket: 1684495

Cited 1 times | Published

that lower expenses did not offset the drop. See § 768.18(5), Fla. Stat. (2001) (defining net accumulations

Infinity Ins. Co. v. Berges

806 So. 2d 504, 2001 WL 898533

District Court of Appeal of Florida | Filed: Aug 1, 2001 | Docket: 1341832

Cited 1 times | Published

claimants would be the survivors as defined by section 768.18, Florida Statues (1990), and would include

Owens v. Jackson

493 So. 2d 507, 11 Fla. L. Weekly 1828, 1986 Fla. App. LEXIS 9466

District Court of Appeal of Florida | Filed: Aug 20, 1986 | Docket: 64621329

Cited 1 times | Published

were not “survivors” within the meaning of Section 768.18(1) of the Florida Wrongful Death Act as it

Guillen v. Kitching

354 So. 2d 900, 1978 Fla. App. LEXIS 15169

District Court of Appeal of Florida | Filed: Jan 24, 1978 | Docket: 64562615

Cited 1 times | Published

it misinterpreted the word “survivors” in Section 768.-18, Florida Statutes (1975). The trial court interpreted

Jennifer Ripple, etc. v. CBS Corporation

Supreme Court of Florida | Filed: May 9, 2024 | Docket: 68514362

Published

“[s]urvivors” as including “the decedent’s spouse.” See § 768.18, Fla. Stat. -

Brinda Coates, etc. v. R.J. Reynolds Tobacco Company

Supreme Court of Florida | Filed: Jan 5, 2023 | Docket: 66701383

Published

this case are Ms. Stucky’s three adult children. § 768.18(1) (defining “[s]urvivors” to include the decedent’s

JENNIFER RIPPLE, as Personal Representative of the ESTATE OF RICHARD D. COUNTER v. BENNET AUTO SUPPLY

District Court of Appeal of Florida | Filed: Mar 30, 2022 | Docket: 63198512

Published

“survivors” as “the decedent’s spouse, [and] children.” § 768.18(1), Fla. Stat. (2015). The Wrongful Death Act’s

In Re: Standard Jury Instructions in Civil Cases—report No. 17-02

228 So. 3d 531, 2017 WL 4985514

Supreme Court of Florida | Filed: Nov 2, 2017 | Docket: 6184677

Published

is not derived from salary or business. See F.S. 768.18(5) (1985); Delta Air Lines, Inc. v. Ageloff,

C.G. v. J.R.

130 So. 3d 776, 2014 WL 340675, 2014 Fla. App. LEXIS 1155

District Court of Appeal of Florida | Filed: Jan 31, 2014 | Docket: 60237890

Published

Court looked at the legislative intent behind section 768.18(1), Florida Statutes (2005), and found that

University of Florida Board of Trustees v. Stone

92 So. 3d 264, 2012 WL 2345115, 2012 Fla. App. LEXIS 10000

District Court of Appeal of Florida | Filed: Jun 21, 2012 | Docket: 60310180

Published

the life or health of another. Id. (creating section 768.18(2)(b)3., Florida Statutes). The GSA was next

Brunson v. McKay

905 So. 2d 1058, 2005 Fla. App. LEXIS 11027, 2005 WL 1677939

District Court of Appeal of Florida | Filed: Jul 20, 2005 | Docket: 64839487

Published

The definition of “survivors” contained in section 768.18(1) of the Act in-*1062eludes adult children

Barlow v. North Okaloosa Medical Center

809 So. 2d 71, 2002 Fla. App. LEXIS 1355, 2002 WL 205809

District Court of Appeal of Florida | Filed: Feb 12, 2002 | Docket: 64813019

Published

that lower expenses did not offset the drop. See § 768.18(5), Fla. Stat. (2001) (defining net accumulations

Thompson v. State Farm Mutual Automobile Insurance Co.

670 So. 2d 1070, 1996 Fla. App. LEXIS 2660, 1996 WL 120343

District Court of Appeal of Florida | Filed: Mar 20, 1996 | Docket: 64763477

Published

was not a “survivor” within the meaning of section 768.18, Florida Statutes (1991). The undisputed evidence

Mogler v. Franzen

669 So. 2d 269, 1995 Fla. App. LEXIS 11660, 1995 WL 653269

District Court of Appeal of Florida | Filed: Nov 8, 1995 | Docket: 64762850

Published

argued these damages were precluded under section 768.18, Florida Statutes (1993), the Wrongful Death

Standard Jury Instructions—Civil Cases—Nos. 95-1 & 95-2

658 So. 2d 97, 20 Fla. L. Weekly Supp. 393, 1995 Fla. LEXIS 1174, 1995 WL 424893

Supreme Court of Florida | Filed: Jul 20, 1995 | Docket: 64757929

Published

when there is an issue as to applicability of § 768.18(2)(b), but no issue as to comparative negligence

Rogers v. Truitt

596 So. 2d 1081, 1992 Fla. App. LEXIS 1793, 1992 WL 35364

District Court of Appeal of Florida | Filed: Feb 28, 1992 | Docket: 64666602

Published

reverse. The issue in this case is whether section 768.18(1), Florida Statutes (1987) precludes Michael’s

Public Health Trust v. Newry

556 So. 2d 1142, 14 Fla. L. Weekly 2917, 1989 Fla. App. LEXIS 7010, 1989 WL 149643

District Court of Appeal of Florida | Filed: Dec 12, 1989 | Docket: 64648129

Published

instant wrongful death action was maintained. See § 768.18(1), Fla.Stat. (1987). Compare Whitefield v. Kainer

In re Standard Jury Instructions Civil Cases

522 So. 2d 364, 13 Fla. L. Weekly 221, 1988 Fla. LEXIS 382, 1988 WL 23437

Supreme Court of Florida | Filed: Mar 17, 1988 | Docket: 64633643

Published

shown that decedent had no survivors as defined in § 768.18(1), Fla. Stat., lost accumulations are recoverable

United States Fidelity & Guaranty Co. v. Fitzgerald

521 So. 2d 122, 12 Fla. L. Weekly 2718, 1987 Fla. App. LEXIS 11267, 1987 WL 1946

District Court of Appeal of Florida | Filed: Dec 2, 1987 | Docket: 64633120

Published

the insurer. “Minor children” as defined in section 768.18(2), Florida Statutes (1983), means children

Vildibill v. Johnson

802 F.2d 1347

Court of Appeals for the Eleventh Circuit | Filed: Oct 23, 1986 | Docket: 66220689

Published

this case was not a minor child as defined in section 768.18(2), Florida Statutes (1983). Similarly, the

Zimmerman v. Cruz

449 So. 2d 996, 1984 Fla. App. LEXIS 13181

District Court of Appeal of Florida | Filed: May 16, 1984 | Docket: 64604581

Published

which states: Section 40. Subsection (2) of section 768.18, Florida Statutes, is amended to read: 768

South Shore Hospital v. Easton

441 So. 2d 161, 1983 Fla. App. LEXIS 24257

District Court of Appeal of Florida | Filed: Nov 15, 1983 | Docket: 64600997

Published

business or salary *164income” within the meaning of § 768.-18(5) F.S. The release executed by the personal representatives

Watts v. United Services Automobile Ass'n

430 So. 2d 552, 1983 Fla. App. LEXIS 19255

District Court of Appeal of Florida | Filed: Apr 29, 1983 | Docket: 64596731

Published

was a dependent child within the meaning of Section 768.-18(2), Florida Statutes (1977), at the time of

Griesemer v. Prathers, Inc.

413 So. 2d 68, 1982 Fla. App. LEXIS 19539

District Court of Appeal of Florida | Filed: Mar 19, 1982 | Docket: 64589569

Published

Hemby’s estate. This appeal followed timely. Section 768.18 defines net accumulations as: Loss of earnings

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

and on behalf of all survivors as defined in Section 768.18, Florida Statutes. 3. ' The amount of the claim

McAfee v. Kirkland

362 So. 2d 695, 1978 Fla. App. LEXIS 16356

District Court of Appeal of Florida | Filed: Sep 20, 1978 | Docket: 64566165

Published

daughter as permitted by the provisions of Florida Statute 768.18(2) in effect at the time the civil action

Bell v. Harris

366 So. 2d 765, 1978 Fla. App. LEXIS 17256

District Court of Appeal of Florida | Filed: Sep 1, 1978 | Docket: 64568177

Published

“Wrongful Death” of movant’s decedent under Florida Statute 768.18 since the original Statement of Claim filed

Young v. Mitchell

437 F. Supp. 348, 1977 U.S. Dist. LEXIS 14501

District Court, S.D. Florida | Filed: Aug 12, 1977 | Docket: 66127682

Published

Court apply the Florida Wrongful Death Act, F.S. 768.18 et seq. (1975), to the instant controversy. In

Goodnight v. Capiello

340 So. 2d 980

District Court of Appeal of Florida | Filed: Dec 29, 1976 | Docket: 64556418

Published

the definition of that term as it appears in Section 768.18(1), so that loss of net accumulations is a

Hanley v. Liberty Mutual Insurance

323 So. 2d 301, 1975 Fla. App. LEXIS 18923

District Court of Appeal of Florida | Filed: Dec 9, 1975 | Docket: 64551009

Published

72-35. It became effective on July 1, 1972. Section 768.18 thereof provides: “768.18 Definitions. — As

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.