768.20
Parties.
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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: Estate of Heiser v. Islamic Republic of Iran
Estate of Heiser v. Islamic Republic of Iran (2006)
“” 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. (2013)
“§ 768.20, Fla. Stat. (2008) (emphasis supplied).”
Berges v. Infinity Ins. Co. (2004)
“(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 Enterprises-Florida (2004)
“" § 768.20, Fla. Stat. (2003) (emphasis added).”
Emma Gayle Weaver, etc. v. Stephen C. Myers, M.D. (2017)
“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 CORPORATION (2003)
“" 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. (2013)
“§ 768.20, Fla. Stat. (2008). The Act also provides for damages that may be recovered by the survivors, see § 768.”
FLA. EMERGENCY PHYSICIANS-KANG & ASSOCIATES v. Parker (2001)
“See § 768.20, Fla. Stat. (1999); Cont'l Nat'l Bank v.”
Gurney v. Cain (1991)
“The Cains contend that section 768.20, Florida Statutes, enacted in 1972 conflicts with 768.”
Thompson v. Hodson (2002)
“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 (2008)
“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 (2017)
“” 11 Fla. Stat. § 768.20 (emphasis added). Thus, unlike the former separate survival action under Fla, Stat.”
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