Florida Statute 768.20 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

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768.20 Parties.—The 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 specified in this act, caused by the injury resulting in death. When a personal injury to the decedent results in death, no action for the personal injury shall survive, and any such action pending at the time of death shall abate. The wrongdoer’s personal representative shall be the defendant if the wrongdoer dies before or pending the action. A defense that would bar or reduce a survivor’s recovery if she or he were the plaintiff may be asserted against the survivor, but shall not affect the recovery of any other survivor.

History.—s. 1, ch. 72-35; s. 1168, ch. 97-102.

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Amendments to 768.20

Annotations, Discussions, Cases:

Cases Citing Statute 768.20

Total Results: 157

Berges v. Infinity Ins. Co.

896 So. 2d 665, 29 Fla. L. Weekly Supp. 679, 2004 Fla. LEXIS 2099, 2004 WL 2609255

Supreme Court of Florida | Filed: Nov 18, 2004 | Docket: 2451741

Cited 112 times | Published

act on behalf of the estate of the decedent"); § 768.20, Fla. Stat. (1989) (providing that a wrongful

Knowles v. Beverly Enterprises-Florida

898 So. 2d 1, 2004 WL 2922097

Supreme Court of Florida | Filed: Dec 16, 2004 | Docket: 1732329

Cited 89 times | Published

action pending at the time of death shall abate." § 768.20, Fla. Stat. (2003) (emphasis added). The conditional

Martin v. United Security Services, Inc.

314 So. 2d 765

Supreme Court of Florida | Filed: Apr 23, 1975 | Docket: 1420969

Cited 62 times | Published

similar to that of now repealed Section 768.01. Section 768.20, which is substantially different from the

Bravo v. United States

532 F.3d 1154, 2008 U.S. App. LEXIS 13969, 2008 WL 2597664

Court of Appeals for the Eleventh Circuit | Filed: Jul 2, 2008 | Docket: 399205

Cited 58 times | Published

and the Florida abatement statute, Fla. Stat. § 768.20, would apply. We are vacating the portion of the

Beiswenger Enterprises Corp. v. Carletta

86 F.3d 1032, 1996 A.M.C. 2734, 1996 U.S. App. LEXIS 15327, 1996 WL 316367

Court of Appeals for the Eleventh Circuit | Filed: Jun 27, 1996 | Docket: 123226

Cited 58 times | Published

law, and New York law. See FLStat. § 768.20 (West 1986) (“The [wrongful death] action shall

Engle Cases 4432 Individual Tobacco v. Various Tobacco Companies

767 F.3d 1082, 89 Fed. R. Serv. 3d 1199, 2014 U.S. App. LEXIS 17450

Court of Appeals for the Eleventh Circuit | Filed: Sep 10, 2014 | Docket: 1185047

Cited 39 times | Published

decedent’s survivors. See Fla. Stat. § 768.20; Martin v. United Sec. Servs., Inc.,

Yordon v. Savage

279 So. 2d 844

Supreme Court of Florida | Filed: Jul 5, 1973 | Docket: 1522149

Cited 35 times | Published

child." (Fla.Laws Ch. 72-35 and specifically new § 768.20, Florida Statutes) That change simply provided

RA Jones & Sons, Inc. v. Holman

470 So. 2d 60, 10 Fla. L. Weekly 1384

District Court of Appeal of Florida | Filed: Jun 4, 1985 | Docket: 1621629

Cited 27 times | Published

mechanism for bringing a wrongful death action, § 768.20, Fla. Stat., mandates that a single cause of action

Variety Children's Hosp., Inc. v. Perkins

382 So. 2d 331, 1980 Fla. App. LEXIS 16398

District Court of Appeal of Florida | Filed: Feb 5, 1980 | Docket: 2518523

Cited 26 times | Published

recover for his personal injuries by virtue of Section 768.20, Fla. Stat. (1977), which states: The [wrongful

FLA. EMERGENCY PHYSICIANS-KANG & ASSOCIATES v. Parker

800 So. 2d 631, 2001 WL 1219484

District Court of Appeal of Florida | Filed: Oct 12, 2001 | Docket: 251959

Cited 22 times | Published

, 745 So.2d 573, 576 (Fla. 5th DCA 1999). See § 768.20, Fla. Stat. (1999); Cont'l Nat'l Bank v. Brill

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

action pending at the time of death shall abate. § 768.20, Fla. Stat. (1997). Section 768.21, Florida Statutes

Reed v. United States

891 F.2d 878

Court of Appeals for the Eleventh Circuit | Filed: Jan 11, 1990 | Docket: 822833

Cited 17 times | Published

death. The government relies on Florida Stat. § 768.20, which provides in part as follows:

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

at the time of death shall abate. Fla.Stat.Ann. § 768.20 (West 1986). Thus, under Florida law, any claim

DEPT. OF HEALTH & REHAB. SERV. v. McDougall

359 So. 2d 528

District Court of Appeal of Florida | Filed: May 25, 1978 | Docket: 2518110

Cited 16 times | Published

disagree. The judgment here is a judgment under § 768.20, Florida Statutes, for the several claims of Myrtle

Veltmann v. Walpole Pharmacy, Inc.

928 F. Supp. 1161, 1996 U.S. Dist. LEXIS 8247, 1996 WL 327844

District Court, M.D. Florida | Filed: Jun 10, 1996 | Docket: 1005074

Cited 15 times | Published

is the personal representative of the decedent. § 768.20 Fla.Stat. (1995). As a result, persons other than

Continental Nat. Bank v. Brill

636 So. 2d 782

District Court of Appeal of Florida | Filed: May 24, 1994 | Docket: 17563

Cited 15 times | Published

of the decedent's survivors and for the estate. § 768.20, Fla. Stat. (1991). The personal representative

Reshard v. Britt

839 F.2d 1499, 1988 U.S. App. LEXIS 3331

Court of Appeals for the Eleventh Circuit | Filed: Mar 16, 1988 | Docket: 813864

Cited 15 times | Published

Death statute, Fla.Stat. Sec. 768.21 (1985). Section 768.20 of the Florida Statutes provides that "[t]he

Dressler v. Tubbs

435 So. 2d 792

Supreme Court of Florida | Filed: Jul 14, 1983 | Docket: 1329005

Cited 15 times | Published

benefit of the decedent's survivors and estate." § 768.20, Fla. Stat. (1977). Regardless of whether the

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

action pending at the time of death shall abate." § 768.20, Fla. Stat. (1995). Clearly, in the instant case

Bradley v. Sebelius

621 F.3d 1330, 2010 U.S. App. LEXIS 20091, 2010 WL 3769132

Court of Appeals for the Eleventh Circuit | Filed: Sep 29, 2010 | Docket: 1494201

Cited 13 times | Published

by the injury resulting in death.” Fla. Stat. § 768.20. Children of a decedent may also recover for lost

Saia Motor Freight Line, Inc. v. Reid

888 So. 2d 102, 2004 WL 2727526

District Court of Appeal of Florida | Filed: Nov 24, 2004 | Docket: 1327853

Cited 13 times | Published

(2004); Fla. R. Civ. P. 1.442(c)(3). Under section 768.20, Florida Statutes, the personal representative

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

negligence action did not survive his death because section 768.20, Florida Statutes, a part of the wrongful death

Laizure v. Avante at Leesburg, Inc.

109 So. 3d 752, 38 Fla. L. Weekly Supp. 102, 2013 WL 535417, 2013 Fla. LEXIS 249

Supreme Court of Florida | Filed: Feb 14, 2013 | Docket: 60229788

Cited 12 times | Published

not affect the recovery of any other survivor. § 768.20, Fla. Stat. (2008). The Act also provides for

Thompson v. Hodson

825 So. 2d 941

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

Cited 12 times | Published

representative of the estate of the deceased. See § 768.20, Fla. Stat. (1993) ("Parties.The action shall

Capone v. Philip Morris USA, Inc.

116 So. 3d 363, 38 Fla. L. Weekly Supp. 402, 2013 WL 2631180, 2013 Fla. LEXIS 1180

Supreme Court of Florida | Filed: Jun 13, 2013 | Docket: 60232348

Cited 11 times | Published

Capone simply applies the rule of abatement in section 768.20, Florida Statutes (2008): “When a personal

First Healthcare Corp. v. Hamilton

740 So. 2d 1189, 1999 WL 436802

District Court of Appeal of Florida | Filed: Aug 18, 1999 | Docket: 1456563

Cited 11 times | Published

Racik, 647 So.2d 289, 290 (Fla. 4th DCA 1994). Section 768.20, Florida Statutes (1995), expressly provides

Niemi v. BROWN & WILLIAMSON TOBACCO CORPORATION

862 So. 2d 31, 2003 WL 22187140

District Court of Appeal of Florida | Filed: Sep 24, 2003 | Docket: 1762904

Cited 10 times | Published

for pending personal injury actions because section 768.20, Florida Statutes (2002), provides that "[w]hen

Dudley v. McCormick

799 So. 2d 436, 2001 WL 1440403

District Court of Appeal of Florida | Filed: Nov 16, 2001 | Docket: 1278069

Cited 10 times | Published

party plaintiff in a suit for wrongful death. See § 768.20, Fla. Stat. (2000) ("Parties.The action shall

In Re Estate of Catapane

759 So. 2d 9, 2000 WL 257099

District Court of Appeal of Florida | Filed: Mar 8, 2000 | Docket: 1736345

Cited 10 times | Published

caused by the injury resulting in death." See § 768.20, Fla. Stat. The personal *11 representative is

Heath v. City of Hialeah

560 F. Supp. 840

District Court, S.D. Florida | Filed: Apr 7, 1983 | Docket: 965865

Cited 10 times | Published

its wrongful death laws, see § 768.16 et seq. § 768.20 provides that: "The action shall be brought by

Heath v. City of Hialeah

560 F. Supp. 840

District Court, S.D. Florida | Filed: Apr 7, 1983 | Docket: 965865

Cited 10 times | Published

its wrongful death laws, see § 768.16 et seq. § 768.20 provides that: "The action shall be brought by

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

survivors are the real parties in interest. Id.; § 768.20, Fla. Stat. Wrongful death actions are brought

Brown v. Seebach

763 F. Supp. 574, 1991 U.S. Dist. LEXIS 5047, 1991 WL 57908

District Court, S.D. Florida | Filed: Apr 12, 1991 | Docket: 1153336

Cited 9 times | Published

survivors) and the estate pursuant to Fla.Stat. § 768.20, which provides in pertinent part: The action

Sta-Rite Industries, Inc. v. Levey

909 So. 2d 901, 2004 WL 2955038

District Court of Appeal of Florida | Filed: Dec 22, 2004 | Docket: 1663341

Cited 8 times | Published

brought action for Lorenzo's wrongful death. See § 768.20, Fla. Stat. (2002)("When a personal injury to

Smith v. Lusk

356 So. 2d 1309

District Court of Appeal of Florida | Filed: Mar 29, 1978 | Docket: 1478401

Cited 8 times | Published

of the person injured, ..." (Emphasis added) Section 768.20, Florida Statutes (1975), also provides in

Wiggins v. Estate of Wright

850 So. 2d 444, 2003 WL 21196836

Supreme Court of Florida | Filed: May 22, 2003 | Docket: 1783577

Cited 7 times | Published

on behalf of the estate and the survivors. See § 768.20, Fla. Stat. (1999). Under the legal procedure

Hess v. Hess

758 So. 2d 1203, 2000 WL 628289

District Court of Appeal of Florida | Filed: May 17, 2000 | Docket: 1404148

Cited 7 times | Published

by a survivor, the judge must give effect to section 768.20, Florida Statutes (1999), and consider a defense

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

death statute "shall be liberally construed." Section 768.20 states in part: The action shall be brought

Morgan v. Am. Bankers Life Assurance Co.

605 So. 2d 104, 1992 WL 191593

District Court of Appeal of Florida | Filed: Aug 11, 1992 | Docket: 1702221

Cited 7 times | Published

decedent's survivors and estate all damages...." § 768.20, Fla. Stat. (1991). The personal representatives

Reed by and Through Reed v. United States

717 F. Supp. 1511, 1988 U.S. Dist. LEXIS 16666, 1988 WL 161328

District Court, S.D. Florida | Filed: Aug 10, 1988 | Docket: 1151952

Cited 7 times | Published

Fla.Stat. § 768.20, on November 28, 1986, the date of Benjamin Reed's death. Section 768.20 provides that

Johnson v. Schneegold

419 So. 2d 684

District Court of Appeal of Florida | Filed: Aug 25, 1982 | Docket: 1604927

Cited 7 times | Published

survivors and estate. Ch. 72-35, § 1, Laws of Fla.; § 768.20, Fla. Stat. (1981). There is a provision in the

Perkins v. Variety Children's Hosp.

413 So. 2d 760

District Court of Appeal of Florida | Filed: Jan 12, 1982 | Docket: 381809

Cited 7 times | Published

can any such legislative intent be inferred. Section 768.20, Florida Statutes, expressly bars a personal

Wagner, Vaughan, McLaughlin & Brennan, P.A. v. Kennedy Law Group

64 So. 3d 1187, 36 Fla. L. Weekly Supp. 133, 2011 Fla. LEXIS 780, 2011 WL 1304921

Supreme Court of Florida | Filed: Apr 7, 2011 | Docket: 2364032

Cited 6 times | Published

benefit of the decedent's survivors and the estate. § 768.20, Fla. Stat. (2005); see also Wiggins v. Estate

North v. Precision Airmotive Corp.

600 F. Supp. 2d 1263, 2009 U.S. Dist. LEXIS 18315, 2009 WL 481662

District Court, M.D. Florida | Filed: Feb 26, 2009 | Docket: 213765

Cited 6 times | Published

(concluding that after the adoption of FLA. STAT. § 768.20 survivors may not assert independent claims arising

Gresham v. Strickland

784 So. 2d 578, 2001 WL 524404

District Court of Appeal of Florida | Filed: May 16, 2001 | Docket: 1744176

Cited 6 times | Published

to the personal representative of the estate. § 768.20, Fla. Stat. (1993); Hess v. Hess, 758 So.2d 1203

Ding v. Jones

667 So. 2d 894, 1996 WL 46704

District Court of Appeal of Florida | Filed: Feb 7, 1996 | Docket: 99777

Cited 6 times | Published

of action as a surviving husband even though section 768.20 provides that the "action shall be brought

Jones v. Zagrodnik

600 So. 2d 1265, 1992 WL 134835

District Court of Appeal of Florida | Filed: Jun 19, 1992 | Docket: 539674

Cited 6 times | Published

must do so for all survivors of the deceased. § 768.20, Fla. Stat. (1989). The statute does not, nor

Reshard v. Britt

839 F.2d 1499, 1988 WL 15184

Court of Appeals for the Eleventh Circuit | Filed: Mar 16, 1988 | Docket: 66233008

Cited 6 times | Published

damages, as specified in this act.” Fla.Stat. § 768.20 (1985). Thus, under Florida law, the personal

Reshard v. Britt

819 F.2d 1573, 1987 U.S. App. LEXIS 8136

Court of Appeals for the Eleventh Circuit | Filed: Jun 26, 1987 | Docket: 975570

Cited 6 times | Published

representatives of the decedent's estate, pursuant to Section 768.20 of the Florida Code. It states: The

Bermudez v. Florida Power & Light Co.

433 So. 2d 565

District Court of Appeal of Florida | Filed: May 24, 1983 | Docket: 1426003

Cited 6 times | Published

representative as required by Florida Statute § 768.20, F.S.A., and therefore this Court lacks jurisdiction

Laizure v. Avante at Leesburg, Inc.

44 So. 3d 1254, 2010 Fla. App. LEXIS 14543, 2010 WL 3808683

District Court of Appeal of Florida | Filed: Oct 1, 2010 | Docket: 2401924

Cited 5 times | Published

879 (Fla. 5th DCA 1989) (noting that under section 768.20, "[w]hen a personal injury to the decedent

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

all of the decedent's survivors and estate. See § 768.20, Fla. Stat. (1997); Continental Nat'l Bank v.

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

behalf of the decedent's survivors and the estate. § 768.20, Fla.Stat. (1995). In turn, Metro-Dade brought

University Medical Center v. Zeiler

625 So. 2d 120, 18 Fla. L. Weekly Fed. D 2232

District Court of Appeal of Florida | Filed: Oct 15, 1993 | Docket: 474118

Cited 5 times | Published

reasonable share of tendered settlement proceeds. See § 768.20; § 768.21(6)(b), (7), Fla. Stat. (1991); Funchess

Gregg v. Metropolitan Property & Liability Insurance

595 F. Supp. 529, 1984 U.S. Dist. LEXIS 23689

District Court, S.D. Florida | Filed: Sep 11, 1984 | Docket: 1271784

Cited 5 times | Published

Plaintiff has failed to follow Florida Statute § 768.20 (1980); and the Plaintiff has failed to join an

Talan v. Murphy

443 So. 2d 207

District Court of Appeal of Florida | Filed: Dec 13, 1983 | Docket: 1458099

Cited 5 times | Published

authorized to bring the wrongful death action. § 768.20, Fla. Stat. (1981). When Talan assumed the responsibility

Dye v. Houston

421 So. 2d 701

District Court of Appeal of Florida | Filed: Nov 9, 1982 | Docket: 1373245

Cited 5 times | Published

action. The suit was brought by petitioner under Section 768.20, Florida Statutes, to recover for the benefit

Tosar v. Sladek

393 So. 2d 61

District Court of Appeal of Florida | Filed: Feb 3, 1981 | Docket: 1372360

Cited 5 times | Published

the decedent's estate to maintain the action. § 768.20, Fla. Stat. (1977). For that reason, the defendant

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

each of the decedent's survivors and his estate. § 768.20, Fla. Stat. (1977). Section 768.18(1) defines

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

act, caused by the injury resulting in death.” § 768.20, Fla. Stat. (2012). The Act defines “survivors”

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

act, caused by the injury resulting in death.” § 768.20, Fla. Stat. (2015). “Survivors” are defined as:

Shehada v. Tavss

965 F. Supp. 2d 1358, 2013 U.S. Dist. LEXIS 126951, 2013 WL 4714049

District Court, S.D. Florida | Filed: Mar 27, 2013 | Docket: 65993516

Cited 4 times | Published

at the time of death shall abate.” Fla. Stat. § 768.20. Accordingly, “when death is the result of a personal

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

benefit of the estate and the survivors. Fla. Stat. § 768.20. Thus, one occurrence of wrongful death due to

Griffis v. Wheeler

18 So. 3d 2, 2009 Fla. App. LEXIS 10491, 2009 WL 2342722

District Court of Appeal of Florida | Filed: Jul 31, 2009 | Docket: 2546489

Cited 4 times | Published

action pending at the time of death shall abate.” § 768.20, Fla. Stat. (2005). The supreme court has long

In Re Pan American Hospital Corp.

364 B.R. 839, 20 Fla. L. Weekly Fed. B 294, 2007 Bankr. LEXIS 1282

United States Bankruptcy Court, S.D. Florida. | Filed: Feb 27, 2007 | Docket: 2527080

Cited 4 times | Published

individually bring such claim. See Fla. Stats. § 768.20 ("The [wrongful death] action shall be brought

Vaka v. EMBRAER-EMPRESA BRASILEIRA DE AERONAUTICA

303 F. Supp. 2d 1333, 2003 U.S. Dist. LEXIS 24097, 2003 WL 23191036

District Court, S.D. Florida | Filed: Dec 12, 2003 | Docket: 2371384

Cited 4 times | Published

actions against Defendants under Florida Statutes § 768.20. In their current Motion, Defendants argue that

Cheves v. Department of Veterans Affairs

227 F. Supp. 2d 1237, 2002 U.S. Dist. LEXIS 17840, 2002 WL 31103998

District Court, M.D. Florida | Filed: Aug 16, 2002 | Docket: 2393787

Cited 4 times | Published

abates with the death of the victim. Fla. Stat. § 768.20. Upon this Court's inquiry as to whether an amendment

Stewart v. Price

718 So. 2d 205, 1998 WL 422317

District Court of Appeal of Florida | Filed: Jul 29, 1998 | Docket: 1515133

Cited 4 times | Published

of damages recoverable by a decedent's estate. § 768.20, Fla. Stat.; see Martin v. United Sec. Serv.,

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

and limited by Florida's Wrongful Death Act. Section 768.20, Florida Statutes (1987), limits recovery to

Walls v. Armour Pharmaceutical Co.

832 F. Supp. 1505, 1993 U.S. Dist. LEXIS 12711, 1993 WL 359864

District Court, M.D. Florida | Filed: Sep 1, 1993 | Docket: 1611934

Cited 4 times | Published

claims were extinguished by his death. Fla.Stat. § 768.20. On April 29, 1992, Jason's mother, Brenda Mills

Walls v. Armour Pharmaceutical Co.

832 F. Supp. 1467, 1993 U.S. Dist. LEXIS 10905, 1993 WL 299632

District Court, M.D. Florida | Filed: Jul 19, 1993 | Docket: 285015

Cited 4 times | Published

claims were extinguished by his death. Fla.Stat. § 768.20. On April 29, 1992, Jason's mother, Brenda Mills

Benson v. Benson

533 So. 2d 889, 1988 WL 117604

District Court of Appeal of Florida | Filed: Nov 8, 1988 | Docket: 2588852

Cited 4 times | Published

to bring a wrongful death action in Florida. Section 768.20, Florida Statutes (1985), directs that a wrongful

Poole v. TALLAHASSEE MEMORIAL HOSP.

520 So. 2d 627, 1988 WL 8417

District Court of Appeal of Florida | Filed: Feb 8, 1988 | Docket: 1300078

Cited 4 times | Published

injury to the decedent results in his death. Section 768.20 specifically states in part: "When a personal

Webster v. Valiant Ins. Co.

512 So. 2d 971, 12 Fla. L. Weekly 1833

District Court of Appeal of Florida | Filed: Jul 30, 1987 | Docket: 1517429

Cited 4 times | Published

Maryland, 172 So.2d 485 (Fla. 1st DCA 1965). [5] § 768.20, Fla. Stat. (1984). [6] Nissan Motor Co., Ltd

Reshard v. Britt

819 F.2d 1573, 56 U.S.L.W. 2030

Court of Appeals for the Eleventh Circuit | Filed: Jun 26, 1987 | Docket: 66225645

Cited 4 times | Published

that under Florida's Wrongful Death Act, F.S. § 768.20, they are not only entitled to bring this action

Capiello v. Goodnight

357 So. 2d 225

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

Cited 4 times | Published

used throughout the balance of the act. Thus, Section 768.20 requires the complaint to be brought for the

Emma Gayle Weaver, etc. v. Stephen C. Myers, M.D.

229 So. 3d 1118

Supreme Court of Florida | Filed: Nov 9, 2017 | Docket: 6220622

Cited 3 times | Published

action pending at the time .of death- shall abate. § 768.20, Fla. Stat. (2016); see Roughton v. R.J. Reynolds

Markland v. Insys Therapeutics, Inc.

270 F. Supp. 3d 1318

District Court, M.D. Florida | Filed: Sep 15, 2017 | Docket: 64315506

Cited 3 times | Published

decedent’s personal representative.” Fla. Stat. § 768.20 (2015). As such, an individual who is not the

Denise Schippers v. United States

715 F.3d 879, 24 Fla. L. Weekly Fed. C 246

Court of Appeals for the Eleventh Circuit | Filed: May 3, 2013 | Docket: 899190

Cited 3 times | Published

Procedure. The government argued that, pursuant to Section 768.20 of the Florida Act, the appellants lacked capacity

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

act, caused by the injury resulting in death." § 768.20, Fla. Stat. (emphasis added); see also id. § 768

Martinez v. Ipox

925 So. 2d 448, 2006 WL 932544

District Court of Appeal of Florida | Filed: Apr 7, 2006 | Docket: 1516987

Cited 3 times | Published

act, caused by the injury resulting in death." § 768.20, Fla. Stat. (2001). "This action covers all damages

Somberg v. FLA. CONVALESCENT CENTERS, INC.

779 So. 2d 667, 2001 WL 273817

District Court of Appeal of Florida | Filed: Mar 21, 2001 | Docket: 1521042

Cited 3 times | Published

for the personal injury shall survive...." Id. § 768.20. The personal representative countered that chapter

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

not a party to the wrongful death action. See § 768.20 (wrongful death action shall be brought by decedent's

Gurney v. Cain

588 So. 2d 244, 1991 WL 174667

District Court of Appeal of Florida | Filed: Nov 20, 1991 | Docket: 1708453

Cited 3 times | Published

provision shall apply. The Cains contend that section 768.20, Florida Statutes, enacted in 1972 conflicts

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

reversed in part, and remanded. NOTES [1] Section 768.20, Florida Statutes (1981), provides that the

Rahn v. AMP INC.

447 So. 2d 929

District Court of Appeal of Florida | Filed: Mar 6, 1984 | Docket: 1691197

Cited 3 times | Published

is authorized to institute such an action. Section 768.20, Florida Statutes (1977). Section 768.21, Florida

Tubbs v. Dressler

419 So. 2d 1151

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

Cited 3 times | Published

for the benefit of the decedent's survivors." § 768.20, Fla. Stat. (1981). Each beneficiary must be specifically

Florida Clarklift, Inc. v. Reutimann

323 So. 2d 640

District Court of Appeal of Florida | Filed: Dec 5, 1975 | Docket: 1675191

Cited 3 times | Published

wrongful death action into one lawsuit. Fla. Stat. § 768.20 specifies who may bring the action and Fla. Stat

In re Engle Cases

45 F. Supp. 3d 1351, 2014 U.S. Dist. LEXIS 133727, 2014 WL 4542998

District Court, M.D. Florida | Filed: Sep 12, 2014 | Docket: 64297185

Cited 2 times | Published

pending at the time of death shall abate. Fla. Stat. § 768.20. If the case was originally filed as a personal

Ridley v. NCL (BAHAMAS) LTD.

824 F. Supp. 2d 1355, 2010 WL 4237329

District Court, S.D. Florida | Filed: Oct 14, 2010 | Docket: 134370

Cited 2 times | Published

context finds no basis in law. See Fla. Stat. § 768.20 ("The [wrongful death] action shall be brought

Ridley v. NCL (BAHAMAS) LTD.

824 F. Supp. 2d 1355, 2010 WL 4237329

District Court, S.D. Florida | Filed: Oct 14, 2010 | Docket: 134370

Cited 2 times | Published

context finds no basis in law. See Fla. Stat. § 768.20 ("The [wrongful death] action shall be brought

Valdes v. Crosby

390 F. Supp. 2d 1084, 2005 U.S. Dist. LEXIS 28451, 2005 WL 1027888

District Court, M.D. Florida | Filed: Mar 31, 2005 | Docket: 2509946

Cited 2 times | Published

his wrongful death in violation of Fla. Stat. § 768.20. Defendants James V. Crosby, Jr. (who, though

Scott v. Estate of Myers

871 So. 2d 947, 2004 WL 624951

District Court of Appeal of Florida | Filed: Mar 31, 2004 | Docket: 1709436

Cited 2 times | Published

sustained by both the survivors and the estate. See § 768.20, Fla. Stat. (2001). The types of damages recoverable

Wiggins v. Estate of Wright

786 So. 2d 1247, 2001 WL 667741

District Court of Appeal of Florida | Filed: Jun 15, 2001 | Docket: 1681904

Cited 2 times | Published

of all of the decedent's survivors and estate. § 768.20, Fla.Stat. (1999); Williams v. Infinity Ins. Co

Estate of Retzel v. CSX Transp., Inc.

586 So. 2d 1247, 1991 WL 192034

District Court of Appeal of Florida | Filed: Sep 24, 1991 | Docket: 1488081

Cited 2 times | Published

court further found that Florida Statutes, section 768.20 provides that a wrongful death action shall

Lipshaw v. PINOSKY, PINOSKY, PA

442 So. 2d 992

District Court of Appeal of Florida | Filed: Nov 8, 1983 | Docket: 1515934

Cited 2 times | Published

personal injury cause of action does not survive. § 768.20, Fla. Stat. (1981); Perkins v. Variety Children's

Sharbaugh v. Beaudry

267 F. Supp. 3d 1326

District Court, N.D. Florida | Filed: Jul 14, 2017 | Docket: 64315301

Cited 1 times | Published

at the time of death shall abate.”11 Fla. Stat. § 768.20 (emphasis added). Thus, unlike the former separate

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

presents no conflict between section 768.20 and section 768.81. Section 768.20, part of Florida’s Wrongful

Starling v. R.J. Reynolds Tobacco Co.

845 F. Supp. 2d 1215, 2011 U.S. Dist. LEXIS 151514, 2011 WL 6965854

District Court, M.D. Florida | Filed: Nov 2, 2011 | Docket: 65979342

Cited 1 times | Published

at the time of death shall abate.” Fla. Stat. § 768.20; see Martin, 314 So.2d at 770. “However, the survival

Capone v. Philip Morris U.S.A. Inc.

56 So. 3d 34, 2010 Fla. App. LEXIS 18323, 2010 WL 4861743

District Court of Appeal of Florida | Filed: Dec 1, 2010 | Docket: 60298578

Cited 1 times | Published

had to be filed as a new lawsuit pursuant to Section 768.20, Florida Statutes (2008). On June 10, 2008

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

758 So.2d 1203, 1204-05 (Fla. 4th DCA 2000)("Section 768.20 requires that a wrongful death action be brought

Salfi v. COLUMBIA/JFK MEDICAL CENTER LTD.

942 So. 2d 417, 2006 WL 2872627

District Court of Appeal of Florida | Filed: Oct 11, 2006 | Docket: 1737178

Cited 1 times | Published

of the person prescribed by law." However, section 768.20 states that "[w]hen a personal injury to the

Amber Glades, Inc. v. LEISURE ASSOCIATES LIMITED PARTNERSHIP

893 So. 2d 620, 2005 Fla. App. LEXIS 1360, 2005 WL 292265

District Court of Appeal of Florida | Filed: Feb 9, 2005 | Docket: 1378305

Cited 1 times | Published

benefit of the decedent's survivors and estate." See § 768.20, Fla. Stat. (2003). In the wrongful death context

Walker v. Bozeman

243 F. Supp. 2d 1298, 2003 WL 291898

District Court, N.D. Florida | Filed: Feb 11, 2003 | Docket: 2285464

Cited 1 times | Published

representative, on behalf of the estate and survivors. See § 768.20, Fla. Stat. (2000).[1] No issue was made of the

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

guardian of the property for his minor daughter. Section 768.20, Florida Statues (1990), specifies that a wrongful

Cunningham v. Florida Department of Children & Families

782 So. 2d 913, 2001 Fla. App. LEXIS 4120, 2001 WL 277032

District Court of Appeal of Florida | Filed: Mar 22, 2001 | Docket: 64804844

Cited 1 times | Published

well as the expenses incurred by the estate. See § 768.20, Fla. Stat. (1991); see also Talan v. Murphy,

Rivera ex rel. Estate of Rivera v. United States

761 F. Supp. 126, 19 Fed. R. Serv. 3d 771, 1991 U.S. Dist. LEXIS 5050, 1991 WL 57907

District Court, S.D. Florida | Filed: Apr 12, 1991 | Docket: 65974394

Cited 1 times | Published

representative on behalf of all claimants. See Fla.Stat. § 768.20. Thus, Florida courts hold that subsequent claims

Puig v. Saga Corp.

543 So. 2d 238, 14 Fla. L. Weekly 686, 1989 Fla. App. LEXIS 1292, 1989 WL 21423

District Court of Appeal of Florida | Filed: Mar 14, 1989 | Docket: 64642533

Cited 1 times | Published

also against her personally. This was error. Section 768.-20, Florida Statutes (1987) specifically provides

Egan v. Pan American World Airways, Inc.

62 F.R.D. 710, 1974 U.S. Dist. LEXIS 9589

District Court, S.D. Florida | Filed: Mar 11, 1974 | Docket: 66069062

Cited 1 times | Published

death follows injury when it enacted Fla.Stat. § 768.20 (Supp. 1972) is bottomed on the following provision

Joel D. Udell v. Maury Lorne Udell, Individually and as Personal Representative of the Estate of Evelyn S. Udell

District Court of Appeal of Florida | Filed: Nov 27, 2024 | Docket: 69420038

Published

representative. Both sons are lawyers. Pursuant to section 768.20, Florida Statutes (2019), which requires a

CITY OF SARASOTA, OFFICER JUAN JAIMES v. ESTATE OF JOHN KAAFI, SOUCY

District Court of Appeal of Florida | Filed: Aug 14, 2024 | Docket: 68249803

Published

Interpretation of Legal Texts 56 (2012). Section 768.20 defines who may be a proper party plaintiff

Jennifer Ripple, etc. v. CBS Corporation

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

Published

recovery. They note that the text of the Act, at section 768.20, allows defendants to maintain

Miami-Dade County v. Gisela Saenz, etc.

District Court of Appeal of Florida | Filed: Jan 17, 2024 | Docket: 68165155

Published

MILLER, JJ. PER CURIAM. Affirmed. See § 768.20, Fla. Stat. (2015) (“The [wrongful death] action

GEORGE GOMEZ v. PHILIP MORRIS USA INC., etc.

District Court of Appeal of Florida | Filed: Jan 25, 2023 | Docket: 66757247

Published

to join the wrongful death action as parties. § 768.20, Fla. Stat. The statutory framework of

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

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

Published

decedent’s death is “the injury suffered.” See § 768.20, Fla. Stat. (1997) (“When a personal injury to

PHILIP MORRIS USA INC. and R.J. REYNOLDS TOBACCO COMPANY v. BRYAN RINTOUL, as Personal Representative of the Estate of Edward Caprio

District Court of Appeal of Florida | Filed: May 11, 2022 | Docket: 63301697

Published

response, Rintoul argued that the application of section 768.20, Florida Statutes (2019)—the Wrongful Death

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

act, caused by the injury resulting in death.” § 768.20, Fla. Stat. (2015) (emphases added). Pertinent

Mary E. Sheffield, etc. v. R.J. Reynolds Tobacco Company

Supreme Court of Florida | Filed: Nov 18, 2021 | Docket: 61531979

Published

continuation of a personal injury action. See § 768.20, Fla. Stat. (“When a personal injury to

GRAPE LEAF CAPITAL, INC. v. NATHALY LAFONTANT, etc.

District Court of Appeal of Florida | Filed: Mar 24, 2021 | Docket: 59758984

Published

representative for the benefit of the beneficiaries. § 768.20, Fla. Stat. (2017) (providing: “The action shall

Mary Sowers v. R.J. Reynolds Tobacco Company

Court of Appeals for the Eleventh Circuit | Filed: Sep 15, 2020 | Docket: 18439264

Published

and for the decedent’s survivors. See Fla. Stat. § 768.20. Mrs. Sowers is both the estate’s personal representative

In Re: Standard Jury Instructions in Civil Cases - Report No. 19-04

Supreme Court of Florida | Filed: Jan 23, 2020 | Docket: 16761631

Published

only to reduce that survivor’s recovery. See F.S. 768.20; Frazier v. Metropolitan Dade County, 701 So

SARAH JERRELS, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DYLAN JERRELS v. ESTATE OF JASPER W. JERRELS, JR.

District Court of Appeal of Florida | Filed: Jun 12, 2019 | Docket: 15762823

Published

caused by the injury resulting in death." § 768.20. There is tension between section

Howard v. Wilkinson

379 F. Supp. 3d 1251

District Court, M.D. Florida | Filed: May 21, 2019 | Docket: 64324360

Published

Florida Wrongful Death Act ("FWDA "), Fla. Stat. § 768.20, provides, in pertinent part, as follows: The

THOMAS SAMMONS v. ADAM GREENFIELD, D. O.

270 So. 3d 534

District Court of Appeal of Florida | Filed: May 8, 2019 | Docket: 15071471

Published

personal injury action upon his death pursuant to section 768.20, Florida Statutes (1972).2 The Sammons argue

Harris v. R.J. Reynolds Tobacco Co.

383 F. Supp. 3d 1315

District Court, M.D. Florida | Filed: Apr 15, 2019 | Docket: 64324705

Published

damages "caused by the injury resulting in death." § 768.20, Fla. Stat. (emphasis added). In other words,

THOMAS SAMMONS v. ADAM GREENFIELD, D. O.

District Court of Appeal of Florida | Filed: Oct 19, 2018 | Docket: 8053792

Published

personal injury action upon his death pursuant to section 768.20, Florida Statutes (1972).1 The Sammons argue

Shands Jacksonville Medical Center, Inc. v. Eartha Pusha, as Personal etc.

254 So. 3d 1076

District Court of Appeal of Florida | Filed: Aug 24, 2018 | Docket: 7741300

Published

representative may bring a lawsuit for wrongful death. § 768.20 Fla. Stat. (2011). The April 2011 letter requesting

In Re: Standard Jury Instructions in Civil Cases-Report No. 17-03.

236 So. 3d 919

Supreme Court of Florida | Filed: Feb 1, 2018 | Docket: 6289807

Published

only to reduce that survivor's recovery. See F.S. 768.20; Frazier v. Metropolitan Dade County

PHILIP MORRIS USA INC. v. BERNICE MCCALL

District Court of Appeal of Florida | Filed: Dec 13, 2017 | Docket: 6240860

Published

of action under the Florida Wrongful Death Act. § 768.20, Fla. Stat. (2007). “[I]t is permissible for a

R. J. Reynolds Tobacco Company v. Andy R. Allen Sr., as Personal Rep. etc.

228 So. 3d 684, 2017 WL 4654900

District Court of Appeal of Florida | Filed: Oct 18, 2017 | Docket: 6182889

Published

amended complaint with the wrongful death claim. Section; 768.20, Florida Statutes, provides guidance and states

Heiston v. Schwartz & Zonas, LLP

221 So. 3d 1268, 2017 Fla. App. LEXIS 9695, 2017 WL 2882944

District Court of Appeal of Florida | Filed: Jul 7, 2017 | Docket: 6086355

Published

benefit of the decedent’s survivors and the estate. § 768.20, Fla. Stat. (2005); see also Wiggins v. Estate

Greer v. Ivey

242 F. Supp. 3d 1284, 2017 U.S. Dist. LEXIS 65448, 2017 WL 1424345

District Court, M.D. Florida | Filed: Mar 14, 2017 | Docket: 64313308

Published

caused by the injury resulting in death.” Id. § 768.20. Thus, the enactment of the Wrongful Death Act

Wisekal v. Laboratory Corp. of America Holdings

182 F. Supp. 3d 1296, 2016 U.S. Dist. LEXIS 56333, 2016 WL 1623418

District Court, S.D. Florida | Filed: Apr 22, 2016 | Docket: 64308603

Published

benefit of the Estate and the decedent’s survivors, § 768.20, Fla. Stat., his status as Personal Representative—

Peklun ex rel. Estate of Peklun v. Tierra Del Mar Condominium Ass'n

119 F. Supp. 3d 1361, 2015 U.S. Dist. LEXIS 101852, 2015 WL 4638602

District Court, S.D. Florida | Filed: Aug 4, 2015 | Docket: 64303286

Published

Florida Wrongful Death Act (“FWDA”), Fla. Stat. § 768.20, and the Florida Survival Statute, Fla. Stat.

Bennett ex rel. Bennett v. Forest Laboratories

99 F. Supp. 3d 1360, 2015 U.S. Dist. LEXIS 48895, 2015 WL 1648240

District Court, M.D. Florida | Filed: Apr 14, 2015 | Docket: 64301581

Published

1161, 1164 (M.D.Fla.1996) (citing Fla. Stat. § 768.20 (1995)). Forest Laboratories argues Bennett lacks

Earl E. Graham v. R.J. Reynolds Tobacco Company

782 F.3d 1261, 2015 U.S. App. LEXIS 5657, 2015 WL 1546522

Court of Appeals for the Eleventh Circuit | Filed: Apr 8, 2015 | Docket: 2647722

Published

injury resulting in death.” Id. § 768.20. Damages recoverable under the Act center on the

Roden v. R.J. Reynolds Tobacco Co.

145 So. 3d 183, 2014 WL 3928495, 2014 Fla. App. LEXIS 12422

District Court of Appeal of Florida | Filed: Aug 13, 2014 | Docket: 936951

Published

1989). The tobacco companies also cited to section 768.20, Florida Statutes (2013), arguing that the

Roughton v. R.J. Reynolds Tobacco Co.

129 So. 3d 1145, 2013 WL 6865402, 2013 Fla. App. LEXIS 20727

District Court of Appeal of Florida | Filed: Dec 31, 2013 | Docket: 60237307

Published

act, caused by the injury resulting in death.” § 768.20, Fla. Stat. (1997). The Act “eliminates the multiplicity

Denise Schippers v. United States

Court of Appeals for the Eleventh Circuit | Filed: May 3, 2013 | Docket: 2903184

Published

issue in this appeal. 3 Fla. Stat. § 768.20 (providing that wrongful death actions in Florida

Smith v. R.J. Reynolds Tobacco Co.

103 So. 3d 955, 2012 Fla. App. LEXIS 21520, 2012 WL 6216756

District Court of Appeal of Florida | Filed: Dec 14, 2012 | Docket: 60227270

Published

action pending at the time of death shall abate.” § 768.20, Fla. Stat. (2008). The relevant Florida Rule

Skyrme v. RJ REYNOLDS TOBACCO COMPANY

75 So. 3d 769, 2011 Fla. App. LEXIS 18404, 2011 WL 5832338

District Court of Appeal of Florida | Filed: Nov 18, 2011 | Docket: 2355178

Published

it has now become a wrongful death claim, see § 768.20, Fla. Stat. (2008), and because the circuit court

Ruble v. Rinker Material Corp.

59 So. 3d 137, 2011 Fla. App. LEXIS 1019, 2011 WL 409015

District Court of Appeal of Florida | Filed: Feb 2, 2011 | Docket: 60299609

Published

WELLS, Judge. Affirmed. See § 768.20, Fla. Stat. (2010) (providing that “[w]hen a personal injury to

Copeland v. Buswell

20 So. 3d 867, 2009 Fla. App. LEXIS 10354, 2009 WL 2243701

District Court of Appeal of Florida | Filed: Jul 29, 2009 | Docket: 1640107

Published

and distribute assets on behalf of an estate. § 768.20, Fla. Stat. (2005); see also Martinez v. Ipox

Nacht v. Levin

760 So. 2d 1096, 2000 Fla. App. LEXIS 8058, 2000 WL 826974

District Court of Appeal of Florida | Filed: Jun 28, 2000 | Docket: 64798149

Published

PER CURIAM. Affirmed. See § 768.20, Fla. Stat. (1999) (“The [wrongful death] action shall be brought

Kaufman v. Herrman

748 So. 2d 310, 1999 Fla. App. LEXIS 14212, 1999 WL 974116

District Court of Appeal of Florida | Filed: Oct 27, 1999 | Docket: 64793795

Published

at 335. The issue in that case was whether section 768.20, Florida Statutes, applies to abate the action

American Airlines, Inc. v. Montero

741 So. 2d 587, 1999 Fla. App. LEXIS 11705, 1999 WL 674552

District Court of Appeal of Florida | Filed: Sep 1, 1999 | Docket: 64791068

Published

only be brought by a personal representative, see § 768.20, Fla. Stat. (1997), and that Mr. Montero could

Franzen v. Mogler

744 So. 2d 1029, 1997 Fla. App. LEXIS 11888, 1997 WL 656303

District Court of Appeal of Florida | Filed: Oct 22, 1997 | Docket: 64792169

Published

injury shall sur*1030vive. ...” [emphasis supplied] § 768.20 Fla. Stat. (1995). WDA goes on to provide that:

Stewart v. Price

704 So. 2d 594, 1997 WL 611526

District Court of Appeal of Florida | Filed: Oct 7, 1997 | Docket: 64778343

Published

of damages recoverable by a decedent’s estate. § 768.20, Fla. Stat.; see Martin v. United Sec. Serv.,

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

statute. We concur. Florida’s Wrongful Death Act, section 768.20, Florida Statutes (1991), limits recovery to

Hudson v. Moss

653 So. 2d 1071, 1995 Fla. App. LEXIS 3661, 1995 WL 170318

District Court of Appeal of Florida | Filed: Apr 12, 1995 | Docket: 64755780

Published

§§ 768.20, 768.71, 768.81, Fla.Stat. (1993). Section 768.20 states that “[a] defense that would bar or

Reed ex rel. Reed v. United States

891 F.2d 878, 1990 U.S. App. LEXIS 282

Court of Appeals for the Eleventh Circuit | Filed: Jan 11, 1990 | Docket: 66250294

Published

death. The government relies on Florida Stat. § 768.20, which provides in part as follows: When a personal

Barfield v. Schmon

537 So. 2d 1056, 14 Fla. L. Weekly 217, 1989 Fla. App. LEXIS 152, 1989 WL 2040

District Court of Appeal of Florida | Filed: Jan 18, 1989 | Docket: 64640169

Published

without any limiting language or definitions. § 768.20, Fla.Stat. (1987). The Florida Probate Code, section

Lipshaw v. Pinosky, Pinosky, P.A.

442 So. 2d 992, 1983 Fla. App. LEXIS 24151

District Court of Appeal of Florida | Filed: Nov 8, 1983 | Docket: 64601785

Published

personal injury cause of action does not survive. § 768.20, Fla.Stat. (1981); Perkins v. Variety Children’s

Higgins v. Johnson

422 So. 2d 16, 1982 Fla. App. LEXIS 20549

District Court of Appeal of Florida | Filed: Jul 12, 1982 | Docket: 64593371

Published

if he dies, Higgins’s cause’ of action abates. § 768.20, Fla.Stat. (1981). The personal representative

Department of Health & Rehabilitative Services v. McDougall

359 So. 2d 528, 1978 Fla. App. LEXIS 16080

District Court of Appeal of Florida | Filed: May 25, 1978 | Docket: 64564826

Published

disagree. The judgment here is a judgment under § 768.20, Florida Statutes, for the several claims of Myrtle

Ago

Florida Attorney General Reports | Filed: Apr 1, 1974 | Docket: 3255718

Published

survival statute, s. 46.021, F.S.? SUMMARY: Section 768.20, F.S., of the new Wrongful Death Act, limits

Council v. France

276 So. 2d 490, 1973 Fla. App. LEXIS 6925

District Court of Appeal of Florida | Filed: Apr 24, 1973 | Docket: 64531805

Published

768.03, Florida Statutes, F.S.A., and enacted Section 768.20 and 768.21, Florida Statutes, F. S.A., in order

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.