Florida Statutes

Fla. Stat. § 768.20 (2025)

Parties.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 184 cases (29 in the last 5 years), 1973–2025 · leading case: Est. of Heiser v. Islamic Repub. of Iran, 466 F. Supp. 2d 229 (D.D.C. 2006).

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Est. of Heiser v. Islamic Repub. of Iran, 466 F. Supp. 2d 229 (D.D.C. 2006). · cites it 12× “” Fla. Stat. Ann. § 768.20-768.21 . Under the Act, “survivors” who may be entitled to recovery include the decedent’s: (1) spouse, (2) children, (3) parents, and (4) blood relatives, provided these blood relatives can demonstrate they are partly or wholly dependent on the…”

Capone v. Philip Morris USA, Inc., 116 So. 3d 363 (Fla. 2013). · cites it 22× “§ 768.20, Fla. Stat. (2008) (emphasis supplied).”

Berges v. Infinity Ins. Co., 896 So. 2d 665 (Fla. 2004). · cites it 4× “(1989) (defining letters of administration as the "authority granted by the court to the personal representative to act on behalf of the estate of the decedent"); § 768.20, Fla. Stat. (1989) (providing that a wrongful death action "shall be brought by the decedent's personal…”

Knowles v. Beverly Enter.-Florida, 898 So. 2d 1 (Fla. 2004). · cites it 4× “" § 768.20, Fla. Stat. (2003) (emphasis added).”

Emma Gayle Weaver, etc. v. Stephen C. Myers, M.D., 229 So. 3d 1118 (Fla. 2017). · cites it 4× “The statute provides in pertinent part: 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.”

Niemi v. Brown & Williamson Tobacco Corp., 862 So. 2d 31 (Fla. 2d DCA 2003). · cites it 5× “" Death creates a complexity for pending personal injury actions because section 768.20, Florida Statutes (2002), provides that "[w]hen 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…”

Laizure v. Avante at Leesburg, Inc., 109 So. 3d 752 (Fla. 2013). · cites it 4× “§ 768.20, Fla. Stat. (2008). The Act also provides for damages that may be recovered by the survivors, see § 768.”

Fla. Emergency Physicians-kang & Assocs. v. Parker, 800 So. 2d 631 (Fla. 5th DCA 2001). · cites it 4× “See § 768.20, Fla. Stat. (1999); Cont'l Nat'l Bank v.”

Gurney v. Cain, 588 So. 2d 244 (Fla. 4th DCA 1991). · cites it 14× “The Cains contend that section 768.20, Florida Statutes, enacted in 1972 conflicts with 768.”

Thompson v. Hodson, 825 So. 2d 941 (Fla. 1st DCA 2002). · cites it 4× “See § 768.20, Fla. Stat. (1993) ("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.”

Bravo v. United States, 532 F.3d 1154 (11th Cir. 2008). · cites it 2× “The parties agreed at oral argument that because Kevin died during the pendency of this appeal, *1170 if we vacated any part of the judgment and remanded for any reason, the judgment would no longer be "final" and the Florida abatement statute, Fla. Stat. § 768.20 , would apply.…”

Sharbaugh v. Beaudry, 267 F. Supp. 3d 1326 (N.D. Fla. 2017). · cites it 5× “” 11 Fla. Stat. § 768.20 (emphasis added). Thus, unlike the former separate survival action under Fla, Stat.”

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