Florida Statute 768.20 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

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F.S. 768.20

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.

F.S. 768.20 on Google Scholar

F.S. 768.20 on Casetext

Amendments to 768.20

Arrestable Offenses / Crimes under Fla. Stat. 768.20

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 768.20.

Annotations, Discussions, Cases:

Cases Citing Statute 768.20

Total Results: 20

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

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-14T00:00:00-07:00

Snippet: Interpretation of Legal Texts 56 (2012). Section 768.20 defines who may be a proper party plaintiff under…caused by the injury resulting in death." § 768.20. To assist a defendant, section 768.21 identifies

Jennifer Ripple, etc. v. CBS Corporation

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

Snippet: They note that the text of the Act, at section 768.20, allows defendants to maintain … loss of consortium claim abate. Id. (citing § 768.20, Fla. Stat.); see ACandS, Inc. v. Redd, 703 So.

Miami-Dade County v. Gisela Saenz, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-17T00:00:00-08:00

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 2023-01-24T23:53:00-08:00

Snippet: to join the wrongful death action as parties. § 768.20, Fla. Stat. The statutory framework of the…act, caused by the injury resulting in death.” § 768.20, Fla. Stat. “By statute,” the Supreme Court has… legislative purpose in the adoption of section 768.20.” Morgan v. Am. Bankers Life Assur. Co. of Fla…non-parties to the proceedings below under section 768.20, the trial court permitted them to appear, without

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

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

Snippet: decedent’s death is “the injury suffered.” See § 768.20, Fla. Stat. (1997) (“When a personal injury to…statutory beneficiaries, including the estate. See § 768.20 (limiting the personal representative’s recovery…injury,” which is prohibited under the Act. See § 768.20, Fla. Stat. (1997). Because R.J. Reynolds

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

Court: Fla. Dist. Ct. App. | Date Filed: 2022-05-11T00:53:00-07:00

Snippet: Rintoul argued that the application of section 768.20, Florida Statutes (2019)—the Wrongful Death Act—in

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: 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

Court: Fla. | Date Filed: 2021-11-17T23:53:00-08:00

Snippet: continuation of a personal injury action. See § 768.20, Fla. Stat. (“When a personal injury to …ultimately construing the term “abate” in section 768.20 to mean that the personal injury action was merely

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

Court: Fla. Dist. Ct. App. | Date Filed: 2021-03-24T00:53:00-07:00

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

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

Court: Fla. | Date Filed: 2020-01-22T23:53:00-08:00

Snippet: only to reduce that survivor’s recovery. See F.S. 768.20; Frazier v. Metropolitan Dade County, 701 So. 2d

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

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-12T00:53:00-07:00

Snippet: caused by the injury resulting in death." § 768.20. There is tension between section… death right of action, and sections 768.17 and 768.20, which establish the cause of action.3 See Toombs

THOMAS SAMMONS v. ADAM GREENFIELD, D. O.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-05-08T00:53:00-07:00

Snippet: injury action upon his death pursuant to section 768.20, Florida Statutes (1972).2 The Sammons argue that…in AC&S, Inc. v. 2Section 768.20 provides, in pertinent part, "When a personal…personal injury action did not abate under section 768.20, Florida Statutes (2015). In fact, the Sammons

THOMAS SAMMONS v. ADAM GREENFIELD, D. O.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-19T00:53:00-07:00

Snippet: injury action upon his death pursuant to section 768.20, Florida Statutes (1972).1 The Sammons argue that…substituting parties passed 1Section 768.20 provides, in pertinent part, "When a personal…personal injury action did not abate under section 768.20, Florida Statutes (2015). In fact, the Sammons

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

Court: Fla. Dist. Ct. App. | Date Filed: 2018-08-24T00:53:00-07:00

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

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

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

Court: Fla. | Date Filed: 2018-02-01T00:00:00-08:00

Citation: 236 So. 3d 919

Snippet: reduce that survivor's recovery. See F.S. 768.20; Frazier v. Metropolitan Dade County,

Delgado v. Agency for Health Care Admin.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-01-26T00:00:00-08:00

Citation: 237 So. 3d 432

Snippet: companionship, and also for funeral expenses. See §§ 768.20 & 768.21, Fla. Sta. (2016). Ultimately, the

PHILIP MORRIS USA INC. v. BERNICE MCCALL

Court: Fla. Dist. Ct. App. | Date Filed: 2017-12-12T23:53:00-08:00

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

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

Court: Fla. | Date Filed: 2017-11-09T00:00:00-08:00

Citation: 229 So. 3d 1118

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 2017-10-18T00:00:00-07:00

Citation: 228 So. 3d 684

Snippet: complaint with the wrongful death claim. Section; 768.20, Florida Statutes, provides guidance and states…Laws of Florida; so the applicable year of section 768.20 is not at issue. . Additionally it would arguably