Florida Statute 768.20 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

View Entire Chapter

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

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

Court: District Court of Appeal of Florida | Date Filed: 2024-11-27

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

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

Court: District Court of Appeal of Florida | Date Filed: 2024-08-14

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

Jennifer Ripple, etc. v. CBS Corporation

Court: Supreme Court of Florida | Date Filed: 2024-05-09

Snippet: They note that the text of the Act, at section 768.20, allows defendants to maintain

Miami-Dade County v. Gisela Saenz, etc.

Court: District Court of Appeal of Florida | Date Filed: 2024-01-17

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: District Court of Appeal of Florida | Date Filed: 2023-01-25

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

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

Court: Supreme Court of Florida | Date Filed: 2023-01-05

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2022-05-11

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: District Court of Appeal of Florida | Date Filed: 2022-03-30

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: Supreme Court of Florida | Date Filed: 2021-11-18

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

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

Court: District Court of Appeal of Florida | Date Filed: 2021-03-24

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: Supreme Court of Florida | Date Filed: 2020-01-23

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: District Court of Appeal of Florida | Date Filed: 2019-06-12

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

THOMAS SAMMONS v. ADAM GREENFIELD, D. O.

Court: District Court of Appeal of Florida | Date Filed: 2019-05-08

Citation: 270 So. 3d 534

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

THOMAS SAMMONS v. ADAM GREENFIELD, D. O.

Court: District Court of Appeal of Florida | Date Filed: 2018-10-19

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

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

Court: District Court of Appeal of Florida | Date Filed: 2018-08-24

Citation: 254 So. 3d 1076

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: District Court of Appeal of Florida | Date Filed: 2018-05-07

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: Supreme Court of Florida | Date Filed: 2018-02-01

Citation: 236 So. 3d 919

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

Delgado v. Agency for Health Care Admin.

Court: District Court of Appeal of Florida | Date Filed: 2018-01-26

Citation: 237 So. 3d 432

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

PHILIP MORRIS USA INC. v. BERNICE MCCALL

Court: District Court of Appeal of Florida | Date Filed: 2017-12-13

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: Supreme Court of Florida | Date Filed: 2017-11-09

Citation: 229 So. 3d 1118

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