Florida Statute 768.18 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

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F.S. 768.18

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.

F.S. 768.18 on Google Scholar

F.S. 768.18 on Casetext

Amendments to 768.18

Arrestable Offenses / Crimes under Fla. Stat. 768.18

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 768.18.

Annotations, Discussions, Cases:

Cases Citing Statute 768.18

Total Results: 20

Jennifer Ripple, etc. v. CBS Corporation

Court: Fla. | Date Filed: 2024-05-09T00:00:00-07:00

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

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

Court: Fla. | Date Filed: 2023-01-04T23:53:00-08:00

Snippet: statutory beneficiaries, not the decedent, see §§ 768.18, 768.21, Fla. Stat. (1997). As explained… case are Ms. Stucky’s three adult children. § 768.18(1) (defining “[s]urvivors” to include the decedent

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

Court: Fla. Dist. Ct. App. | Date Filed: 2022-03-30T00:53:00-07:00

Snippet: ” as “the decedent’s spouse, [and] children.” § 768.18(1), Fla. Stat. (2015). The Wrongful Death Act’s…recoverable from the date of “injury.” §§ 768.18(1), 768.21(1)–(2), Fla. Stat. (2015). Thus, the…clear that the definition of ‘survivors’ in section 768.18, Florida Statutes (Supp. 1990), determines

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

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-26T00:00:00-08:00

Citation: 273 So. 3d 63

Snippet: of age, notwithstanding the age of majority.” § 768.18(2), Fla. Stat. Here, the Schleider’s daughter …injury.” § 768.21(3), Fla. Stat. (2014). Section 768.18(2) defines a minor child as a child under twenty-five

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

Court: Fla. | Date Filed: 2018-09-20T00:00:00-07:00

Citation: 254 So. 3d 268

Snippet: surviving spouse. See id. § 768.18(2) (defining minor child as a child "under…age, notwithstanding the age of majority." § 768.18(2), Fla. Stat. (1979). The definition of "…twenty-five, notwithstanding the age of majority. § 768.18(2), Fla. Stat. (1981). 9 Although

Domino's Pizza v. Wiederhold

Court: Fla. Dist. Ct. App. | Date Filed: 2018-05-07T00:00:00-07:00

Citation: 248 So. 3d 212

Snippet: relatives and adoptive brothers and sisters.” Id. § 768.18(1). Where the legislature has defined a term, …recoverable from the date of “injury.” §§ 768.18(1), 768.21(1)–(2), Fla. Stat. (2015). Thus, the

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

Court: Fla. | Date Filed: 2017-11-02T00:00:00-07:00

Citation: 228 So. 3d 531, 2017 WL 4985514

Snippet: is not derived from salary or business. See F.S. 768.18(5) (1985); Delta Air Lines, Inc. v. Ageloff, 552…case. NOTES ON USE FOR 502.2d 1. F.S. 768.18 and 768.21 (1990), applicable to causes of action…is' a “survivor” within the meaning of F.S. 768.18(1). g. Lost support and services: The…purposes of the wrongful death act is age 25, F.S. 768.18(2). The bracketed reference to the period of minority

Kelly v. Georgia-Pacific, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2017-02-22T00:00:00-08:00

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

Snippet: recognized a responsibility for the child’s support. § 768.18(1), Fla. Stat. (2015). As for damages, a wrongful…decedent’s spouse” without any other limitation. See § 768.18, Fla. Stat. (2015). Further, section 768.21, which

C.G. v. J.R.

Court: Fla. Dist. Ct. App. | Date Filed: 2014-01-31T00:00:00-08:00

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

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

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

Court: Fla. | Date Filed: 2013-05-30T00:00:00-07:00

Citation: 130 So. 3d 596, 2013 WL 2349287

Snippet: is not derived from salary or business. See F.S. 768.18(5) (1985); Delta Air Lines, Inc. v. Ageloff, 552…evidence in the case. NOTES ON USE FOR 502.2d 1. F.S. 768.18 and 768.21 (1990), applicable to causes of action…purposes of the wrongful death act is age 25. F.S. 768.18(2). The bracketed reference to the period of minority…survivor'' within the meaning of F.S. 768.18(1). The bracketed material should be given

Claudio v. Regalado

Court: Fla. Dist. Ct. App. | Date Filed: 2013-03-01T00:00:00-08:00

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

Snippet: survivor of his deceased minor daughter under section 768.18, Florida Statutes (2006), part of Florida'…that to the attention of the trial court. .See § 768.18 (defining who is a survivor for purposes of the

University of Florida Board of Trustees v. Stone

Court: Fla. Dist. Ct. App. | Date Filed: 2012-06-21T00:00:00-07:00

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

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

Greenfield v. Daniels

Court: Fla. | Date Filed: 2010-11-24T00:00:00-08:00

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

Snippet: qualifies as a "survivor" under section 768.18(1), Florida Statutes (2005), may be determined …responsibility for the child's support." § 768.18(1), Fla. Stat. The "child born" can refer…quot; of Daniels under the provisions of section 768.18(1). Id.4 ANALYSIS Standard of Review The questions…support or services, any blood relatives." § 768.18(1), Fla. Stat. That section further states that… responsibility for the child's support. § 768.18(1), Fla. Stat. The estate contends that the statute

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

Court: Fla. | Date Filed: 2010-03-04T00:00:00-08:00

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

Snippet: is not derived from salary or business. See F.S. 768.18(5) (1985); Delta Air Lines, Inc. v. Ageloff, 552…evidence in the case. NOTES ON USE FOR 502.2d 1. F.S. 768.18 and 768.21 (1990), applicable to causes of action…"survivor" within the meaning of F.S. 768.18(1). g. Lost support and services: The [survivor…purposes of the wrongful death act is age 25. F.S. 768.18(2). The bracketed reference to the period of minority…that decedent had no survivors as defined in F.S. 768.18(1), lost accumulations are recoverable only if

Daniels v. Greenfield

Court: Fla. Dist. Ct. App. | Date Filed: 2009-08-05T00:00:00-07:00

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

Snippet: responsibility for the child's support. § 768.18(1), Fla. Stat. A "minor child" is defined…age, notwithstanding the age of majority." § 768.18(2), Fla. Stat. Two courts have considered and reached…responsibility for the child's support." § 768.18(1), Fla. Stat. The "child born" can refer

Lifemark Hospitals of Florida, Inc. v. Afonso

Court: Fla. Dist. Ct. App. | Date Filed: 2009-03-11T00:00:00-07:00

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

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

Watters v. Walgreen Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2007-08-31T00:53:00-07:00

Citation: 967 So. 2d 930

Snippet: definition of "survivors" should govern. See § 768.18(1), Fla. Stat. (2005). However, application of

University of Miami v. Wilson

Court: Fla. Dist. Ct. App. | Date Filed: 2007-02-27T23:53:00-08:00

Citation: 948 So. 2d 774

Snippet: Wrongful Death Act for damage recovery purposes. ง 768.18, Fla. Stat. (2002)("Minor children means children… decedent are not `survivors' under section 768.18(1)."). Salmon was twenty-two at the time of

Enterprise Leasing Co. v. Sosa

Court: Fla. Dist. Ct. App. | Date Filed: 2005-07-20T00:53:00-07:00

Citation: 907 So. 2d 1239

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

Brunson v. McKay

Court: Fla. Dist. Ct. App. | Date Filed: 2005-07-20T00:00:00-07:00

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

Snippet: definition of “survivors” contained in section 768.18(1) of the Act in-*1062eludes adult children.5 Accordingly…definition of "minor children” contained in section 768.18(2). For purposes of the Act, the term “minor children