Florida/Georgia Personal Injury & Workers Compensation

...satory character of wrongful death actions has been diluted significantly as the states have begun to permit recovery for non-economic aspects of wrongful death, such as loss of companionship and survivors’ mental anguish. See, e.g., Fla.Stat.Ann. § 768.21 (West 1986)....

...vive the decedent's demise). Damages are limited to the survivor's loss of support and services, companionship, and his or her own pain and suffering. The estate may also recover loss of earnings of the deceased and medical and funeral expenses. See § 768.21, Fla....

...68.01. Section 768.20, which is substantially different from the predecessor statute, establishes who may bring the action and the manner in which it is brought. This provision is set forth and analyzed in a subsequent part of this opinion. Finally, Section 768.21, here set forth in full, specifies the items of damage recoverable under the new Act: "768.21 Damages....

..."(c) Evidence of remarriage of the decedent's spouse is admissible. "(7) All awards for the decedent's estate are subject to the claims of creditors who have complied with the requirements of probate law concerning claims." In summary, the items of damage recoverable under new Section 768.21 allow each specified survivor to recover for (1) loss of past and future support and services; (2) loss of companionship and protection; and (3) his or her own mental pain and suffering from the date of the injury....

...Constitutionality of the New Wrongful Death Act; Pain and Suffering Damages The title of the new Wrongful Death Act, Chapter 72-35, Laws of Florida 1972, is as follows: " An Act relating to wrongful death action; amending chapter 768, Florida Statutes, by adding sections 768.16, ... 768.20, 768.21 ...; providing for a right of action on behalf of the survivors and the estate by the personal representative of a decedent whose death is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person; repeal...

...Recognizing the rule that punitive damages are recoverable only where actual damages are shown, McLain v. Pensacola Coach Corporation, 152 Fla. 876, 13 So.2d 221 (1943), we hold that punitive damages may be claimed when one or more of the elements of compensatory damages recoverable under Section 768.21 of the new Wrongful Death Act are established....

...smokers, wrongful death claims filed by “survivors” of smokers who were still living, cases filed as a result of “clerical errors,” multiple cases filed for the same filed by the personal representative of the decedent’s estate. See Fla. Stat. § 768.21; Capone v. Philip Morris USA, Inc., 116 So....

...A wrongful death claim focuses on the loss suffered by the survivors or the estate, not the decedent—allowing recovery for, e.g., the survivors’ loss of support services and loss of consortium, survivors’ pain and suffering, and medical bills or funeral expenses borne by survivors or the estate. See Fla. Stat. § 768.21; Martin, 314 So....

...Medical Malpractice Act or the Wrongful Death Act. St. Mary's, Franzen, and the Florida Defense Lawyers Association argue that when medical negligence results in death, rather than personal injury, the elements of damages recoverable are limited by section 768.21, Florida Statutes (1995), of the Wrongful Death Act....

...mages provision is replicated under section 766.209, which applies when a claimant rejects an offer to arbitrate. Unlike the Medical Malpractice Act, the Wrongful Death Act does not provide claimants with such a full range of economic damages. Under section 768.21(1) of the Wrongful Death Act, each survivor may recover the value of lost support and services from the date of the decedent's injury, and under section 768.21(6), the estate may recover the decedent's loss of earnings, loss of prospective net accumulations, and medical and funeral expenses....

...1949); Ake v. Birnbaum, 156 Fla. 735, 25 So.2d 213, 220 (1945). This realization is exemplified by statutory provision, where damages recoverable by the beneficiaries are tailored solely to their losses and are unrelated to damages sustained by the decedent. § 768.21, Fla....

...In this instance, the two parties most likely to recover damages are the estate and parents of the decedent. A review of the Wrongful Death Act indicates that the decedent's parents may not maintain a cause of action for the wrongful death of their son. Section 768.21(4), Florida Statutes (1983) allows the parents of a minor child to recover damages for mental pain and suffering, but the victim in this case was not a minor child as defined in section 768.18(2), Florida Statutes (1983). Similarly, the decedent's parents are precluded from recovering damages for lost support and services pursuant to section 768.21(1), Florida Statutes (1983), because they were not wholly or partly dependent upon their son for support and services....

...left as part of his estate if he had lived his normal life expectancy. § 768.18(5), Fla. Stat. (1983). First, the estate of a decedent may recover loss of prospective net accumulations if the decedent is survived by a spouse or lineal descendants. § 768.21(6)(a)1, Fla....

...Second, the estate of an adult decedent may recover loss of prospective net accumulations if the decedent was survived by a distant blood relative who was not dependent upon the decedent for support and services or if the decedent was not survived by spouse, minor children or parents. § 768.21(6)(a)2, Fla....

...by parents who were not dependent upon him for support or services, and who are not otherwise entitled to recover damages for his death in their own right. We answer the question in the affirmative. The current dispute centers around the wording of section 768.21(6)(a)2, Florida Statutes (1983), which allows the estate of a decedent to recover net accumulations "if the decedent is not a minor child as defined in s....

...efined in section 768.18(2) at the time of death, he did have survivors as defined in section 768.18(1) because parents are included in the class of people defined as "survivors" under section *1049 768.18(1). Thus, under a strict literal reading of section 768.21(6)(a)2 as urged by appellees, Steven Allen Paul's estate would be precluded from recovering prospective net accumulations....

...We refuse to read the statute in such a manner. Legislative intent must be given effect even though it may contradict the strict letter of the statute. State v. Webb, 398 So.2d 820 (Fla. 1981). In order to correctly discern the intent of the legislature, it is necessary to trace the history of section 768.21(6)(a), Florida Statutes (1983). Prior to 1981, section 768.21(6)(a) provided that an estate could recover net accumulations only if the decedent's survivors included a surviving spouse or lineal descendants. In 1981, the legislature amended section 768.21(6)(a) to also allow the estate of a decedent to recover net accumulations: If the decedent is not a minor child as defined in s....

...Although not controlling in this case, we take this opportunity to note that the legislature has since removed any potential questions regarding its intent to allow the estate of an adult decedent who is survived only by non-dependent parents to recover prospective net accumulations by amending section 768.21(6)(a) to provide that the estate of a decedent may recover net accumulations: 2. If the decedent is not a minor child as defined in s. 768.18(2), there are no lost support and services recoverable under *1050 subsection (1), and there is a surviving parent. Ch. 85-260, Laws of Fla. Appellees argue that we should construe section 768.21(6)(a)2, Florida Statutes (1983) in a strict and literal manner....

...1983), appeal dismissed, 446 U.S. 901, 104 S.Ct. 1673, 80 L.Ed.2d 149 (1984); Miami Dolphins, Ltd. v. Metropolitan Dade County, 394 So.2d 981 (Fla. 1981); Leeman v. State, 357 So.2d 703 (Fla. 1978). As noted previously, a strict literal interpretation of section 768.21(6)(a)2 would create an irrational classification in violation of the equal protection clause. Another reasonable construction of section 768.21(6)(a)2 exists....

...ion 768.18(1), the term "survivors" means those survivors who can invoke other available remedies authorized by the other provisions of the Wrongful Death Act. This construction is supported by reading section 768.18(1) in pari materia with sections 768.21(1) through (5). Every class of persons defined as "survivors" in section 768.18(1) is afforded a remedy for wrongful death somewhere in section 768.21(1) through (5)....

...suffering because the deceased was a minor child or parents who could recover because they were dependent upon the child for support or services. Thus, non-dependent parents of an adult child are not survivors under section 768.18, as referred to in 768.21(6)(a)2, because they are not entitled to recover under the other provisions of the Wrongful Death Act....

...stinguishable from this case, as Blalock involved a thumb injury to a child on a Disney World ride, not a wrongful death suit where the loss of companionship of the husband and father was relevant in establishing damages to the claimants. See, e.g., § 768.21, Fla....

...[15] III Because, in contrast, the fundamental error doctrine does apply to the damages recovered by the boys' estates, we reverse those awards. As the jury was instructed, the estates were awarded damages for their "loss of net accumulations." Under the clear terms of Section 768.21(6)(a), Florida Statutes (1977), however, such losses are recoverable only when, as was not true in this case in which the boys were survived by their parents, the decedent leaves a spouse or lineal descendants....

...16 This statute plainly requires that the United States be granted the setoff it requests. Both the United States and the state court defendants were sued for the same wrongful death. Both suits sought to recover those damages that the Florida legislature has authorized in Fla.Stat. Sec. 768.21 (1985)....

...lt of the wrongful death (pain and suffering, lost support or services, and lost companionship); and (2) compensation for injuries suffered by the decedent's estate as a result of the wrongful death (medical and funeral expenses). See Fla.Stat. Sec. 768.21 (1985)....

...full extent authorized under the Wrongful Death Act. In light of the record before us, we must assume that the state court settlement and the federal court judgment each independently comprehended every item of recovery enumerated in Fla.Stat. Sec. 768.21 (1985)....

...For example, in evaluating loss of support, "the survivor's relationship to the decedent, the amount of the decedent's probable net income available for distribution to the particular survivor, and the replacement value of the decedent's services to the survivor may be considered." Fla.Stat. Sec. 768.21(1) (1985)....

...ost support and services, lost companionship, and pain and suffering. Additionally, the decedent's estate may recover lost earnings of the deceased from the date of injury to the date of death, as well as medical and funeral expenses. Fla.Stat. Sec. 768.21 (1985) 3 The majority contends that the decedent's administrative filing suffices because the wrongful death claim is based on the same injuries that gave rise to the personal injury claim....

...n accordance with its motion for a directed verdict in its favor. It filed a notice of appeal the next day, January 18. On February 2, 1979, the personal representative of Anthony's estate filed a separate wrongful death action against Variety under Section 768.21, Fla....

...gence. The Commonwealth of the Bahamas has enacted the "Fatal Accidents Act" and the "Survival of Action Act," which together permit recovery of damages similar to those available under Florida's Wrongful Death Act. See J.M. Bethell Dec., ¶¶ 6—8; § 768.21, Fla....

...dian could be set off against the jury verdict awarded to the estate would create a windfall. A windfall would exist because a portion of the damages awarded to the estate in a wrongful death action is contingent upon the survival of minor children, section 768.21(2), (3) and (6)(a)1, Florida Statutes (1985), and, the estate of the deceased may recover on behalf of surviving minor children for the pain and suffering of the surviving minor children. § 768.21(3)....

...ve hemorrhaging. Mrs. Angrand died as a result of the rupture. Roland Angrand, as personal representative of his deceased wife, brought a malpractice action for wrongful death against the Foxes and Dr. Key [1] in order to recover damages pursuant to section 768.21, Florida Statutes (1985), for himself as surviving spouse, the decedent's son, and the decedent's estate....

...Based on our review of the record, we conclude that the trial judge, acting properly within his discretion, could have concluded that Dr. Platt's testimony added nothing to the jurors' knowledge in this case. In a wrongful death action such as this, section 768.21 does not designate "grief" as a recoverable damage. Rather, a surviving spouse may recover for "loss of the decedent's companionship and protection and for mental pain and suffering." § 768.21(2), Fla. Stat. (1985). A minor child may recover for "lost parental companionship, instruction, and guidance and for mental pain and suffering." § 768.21(3), Fla....

...In conclusion, we find merit in appellant's contention that the trial court erred in admitting certain testimony relating to appellee's damage claims. The economic loss theory advanced by appellee's expert witness to determine the extent of the damages was not in conformity with the requirements of Section 768.21 of the Florida Wrongful Death Act....

...The action was brought solely on behalf of Devin, Alanna, and Samantha, Anderson's three minor children. Carrie did not bring a claim. The estate, on behalf of the children, sought compensation solely for "lost parental companionship, instruction, and guidance and for mental pain and suffering," pursuant to section 768.21(3)....

...to show that Carrie had married (or remarried if her Georgia common-law marriage to Anderson was valid) less than a year after Anderson's death, and that her present husband, Tim Davidson, had assumed a parental role with regard to Devin and Alanna. Section 768.21(6)(c) provides that "evidence of remarriage of the decedent's spouse is admissible" in a wrongful death action....

...is death, with interest, and future loss of support and services from the date of death reduced to present value," and damages "for lost parental companionship, instruction and guidance and for mental pain and suffering from the date of the injury." Section 768.21(2)(3) (emphasis supplied)....

...It is a principle whose time has long since arrived. For these reasons, I dissent. ADKINS, J., concurs. NOTES [*] The cause of action, if adopted, would approximately parallel the children's right to damages for loss of consortium created by the Wrongful Death Act, section 768.21(3), Florida Statutes (1979)....

...For the reasons expressed, we find that a new trial is proper in this cause. The decision of the district court is quashed with directions to remand for a new trial in accordance with this opinion. It is so ordered. *827 ADKINS, EHRLICH and SHAW, JJ., concur. ALDERMAN, C.J., and BOYD and McDONALD, JJ., dissent. NOTES [*] Section 768.21(5) and (6)(b), Florida Statutes (1981).

...transfer. After weighing the above factors, the Court finds that the motion for transfer should be denied. II. MOTION TO DISMISS Defendant seeks to dismiss for failure to state a cause of action in that the complaint is brought under Florida Statute § 768.21....

...n 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. § 768.20, Fla. Stat. (1997). Section 768.21, Florida Statutes (1997), contains a list of damages that are recoverable in a wrongful death action....

...We have for review Meeks v. Florida Power & Light Co., 816 So.2d 1125 (Fla. *288 5th DCA 2002), in which the Fifth District Court of Appeal certified the following question as one of great public importance: ARE THE DAMAGES RECOVERABLE BY A MINOR CHILD PURSUANT TO SECTION 768.21(3), FLORIDA STATUTES, LIMITED TO THE PERIOD OF MINORITY? Id....

...We have jurisdiction under article V, section 3(b)(4) of the Florida Constitution. For the reasons stated below, we answer the certified question in the negative. We approve the district court's decision that the damages recoverable by a minor child under section 768.21(3), Florida Statutes (2002), should be calculated based on the joint life expectancies of the minor child and the deceased parent....

...er and a twenty-four-year-old son. Where a decedent has a surviving spouse, Florida's wrongful death statute permits a minor child, but not an adult child, to recover damages for loss of parental companionship and for mental pain and suffering. *289 § 768.21(3), Fla....

...(2002). The statute defines a minor as a person under twenty-five years of age. Id. § 768.18(2). Meeks' survivors filed suit against both FP & L and BellSouth. FP & L settled for $1,300,000. The trial court dismissed the claim of Meeks' daughter for section 768.21(3) damages, [1] because an adult child may not recover these damages under the statute....

...BellSouth filed a motion for summary judgment, arguing the two issues it continues to argue on review in this Court. First, BellSouth argued that FP & L was solely responsible for maintaining and inspecting the pole, so that BellSouth owed no duty of care to Meeks. Second, Bell-South argued that any damages awarded under section 768.21(3) to Kevin Meeks should be calculated only for the time until Kevin reached twenty-five, the statutory age of majority....

...eath were not limited to the period of minority, but should be calculated based on the joint life expectancies of the minor child and the deceased parent. Id. at 1133. The district court certified the question of the correct measure of damages under section 768.21(3) as a question of great public importance....

...City of Gainesville, 768 So.2d 432, 435 (Fla.2000). If the statutory language is unclear, we apply rules of statutory construction and explore legislative history to determine legislative intent. Id.; Weber v. Dobbins, 616 So.2d 956, 958 (Fla.1993). 2. Controlling Statute Section 768.21, Florida Statutes (2002), describes the damages recoverable in a wrongful death action, including the following: (1) Each survivor may recover the value of lost support and services from the date of the decedent's injury to her or his...

...y also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury.... (4) Each parent of a deceased minor child may also recover for mental pain and suffering from the date of injury. § 768.21, Fla. Stat. (2002). The dispute in this case centers on the measure of damages recoverable by a minor child under section 768.21(3). Section 768.21(3) provides no express guidance regarding the length of time for which a minor child may recover damages....

...Therefore, if there is a surviving spouse, BellSouth argues that a child's recovery must be cut off when the child is no longer a minor. We agree with the district court that this is not a proper interpretation of the measure of damages to be awarded a minor child under section 768.21(3). Contrary to BellSouth's interpretation, Meeks argues that section 768.21(3) does not limit a minor child's damages to the period of minority....

...he survivors of the decedent to the wrongdoer. Sections 768.16-768.26 are remedial and shall be liberally construed. § 768.17, Fla. Stat. (2002) (emphasis added). With this rule of liberal construction in mind, we examine the specific provisions of section 768.21(3)....

...; Forsythe v. Longboat Key Beach Erosion Control Dist., 604 So.2d 452, 455 (Fla.1992) (stating that, "[w]here possible, courts must give full effect to all statutory provisions and construe related statutory provisions in harmony with one another"). Section 768.21 contains four parallel provisions awarding wrongful death damages to survivors. To determine the appropriate measure of damages under section 768.21(3), we look to the *291 three surrounding subsections. We conclude that harmony among all of these provisions is achieved by permitting a minor child to recover damages under subsection (3) based on the joint life expectancies of the child and deceased parent. a. Section 768.21(1) A generally accepted canon of construction provides that when the legislature includes a provision in one section of a statute but excludes it in another, courts will deem the difference intentional and will assign meaning to the omission. INS v. Cardoza-Fonseca, 480 U.S. 421, 432, 107 S.Ct. 1207, 94 L.Ed.2d 434 (1987). In Florida's wrongful death statute, the Legislature provided in section 768.21(1) for a discretionary limitation of a minor's damages in light of the period of minority, but excluded this discretionary limitation from section 768.21(3). Section 768.21(1) gives minor children damages for lost parental support and services....

...[2] Subsection (1) provides that a minor child's recovery may be limited to the period of minority, in the factfinder's discretion. See id. (stating that the period of minority is a factor that "may be considered" in computing the duration of future losses). Section 768.21(3) gives minor children damages for lost parental companionship and for mental pain and suffering. In contrast to subsection (1), subsection (3) contains no limitation of damages in light of the period of minority. If the Legislature had intended a minor's damages under section 768.21(3) to be limited to the period of minority, this limitation could have been expressly added to subsection (3), either as an absolute limitation or as a discretionary factor as provided in subsection (1). Instead, the Legislature excluded the limitation from subsection (3). This indicates that the Legislature did not intend a minor child's damages under section 768.21(3) to be limited to the period of minority. b. Section 768.21(2) A second parallel provision to section 768.21(3) is section 768.21(2), which grants a surviving spouse damages for the loss of the decedent's companionship and for the surviving spouse's pain and suffering. § 768.21(2), Fla. Stat. (2002). As noted by the district court below, the measure of damages under this section is not limited to any time period. When the damages provisions of section 768.21 were first enacted in 1972, subsection (3) precisely mirrored subsection (2), giving minor children the same damages as a surviving spouse....

...However, the amendment limited an adult child's damages under subsection (3) only to cases where there is no surviving spouse. BellSouth argues that this amendment should also apply to limit a minor child's damages if there is a surviving spouse. We disagree. We find nothing in the language of section 768.21(3) or in the legislative history of the 1990 amendment to indicate that the Legislature intended the existence of a surviving spouse to affect the preexisting recovery rights of minor children. c. Section 768.21 (4) Section 768.21(4), the final parallel provision to section 768.21(3), gives damages to parents for their pain and suffering based on the death of a minor child. Like the district court below, we are persuaded by the reasoning of the Second District Court of Appeal in calculating the appropriate measure of damages for bereaved *292 parents under section 768.21(4)....

...ormal life expectancy. This is, in fact, the measure of damages indicated by the district court below. In summary, our review of the four parallel subsections granting wrongful death damages to survivors indicates that a minor child's recovery under section 768.21(3) should be measured by the joint life expectancy of the child and the deceased parent....

...hree subsections awarding damages to survivors for lost companionship and for pain and suffering. 5. Standard Jury Instruction Finally, we note that the interpretation we affirm today comports with the accepted judicial construction of damages under section 768.21(3), as reflected by the standard jury instructions published by this Court. Standard jury instructions are not binding precedent; however, the instructions are published under this Court's authority and are presumed to be correct. Freeman v. State, 761 So.2d 1055, 1071 (Fla.2000). The standard jury instruction for section 768.21(3) indicates that damages are to be based on the life expectancies of the minor child and deceased parent....

...the prevailing judicial understanding regarding a surviving minor child's damages in a wrongful death action. In the present case, we find no persuasive reason to depart from this understanding of the Legislature's intended measure of damages under section 768.21(3). *293 We therefore hold that the damages recoverable by a minor child under section 768.21(3) are not limited to the period of minority, but should be calculated based on the joint life expectancies of the minor child and the deceased parent....

...It is so ordered. WELLS, PARIENTE, LEWIS and QUINCE, JJ., concur. ANSTEAD, C.J., concurs specially with an opinion. CANTERO, J., recused. ANSTEAD, C.J., specially concurring. While I concur in the majority's determination that a minor child's recovery of section 768.21(3) damages are not limited to the period of minority, I write briefly only to note that neither the statutory language nor the legislative history adequately answers all of the troubling questions raised by this case....

...When all is said and done, however, we are still left with a result that allows one adult child to recover for lifetime pain and suffering for the loss of a parent, while another adult child only a few years older is entitled to no recovery at all. NOTES [1] Section 768.21(3) gives damages for lost parental companionship and mental pain and suffering based on the wrongful death of a parent. A parallel provision, section 768.21(1), gives damages for lost support and services due to a parent's death. Dependent adult children may recover these damages. Section 768.21(1) damages are not at issue in this appeal. [2] Section 768.21(1) gives these damages to "survivors." Survivors include minor children....

...McCarson, 467 So.2d 277, 278-79 (Fla.1985) (quoting Restatement (Second) of Torts § 46 (1965)). We note that parents generally have no common law or statutory right to recover damages for pain and suffering, grief, or emotional loss in the event that their married, adult daughter is the victim of a wrongful death. See § 768.21(4), Fla....

...ul marriage. Gates, 247 So.2d at 43. Similarly, the Florida Wrongful Death Act provides that "[t]he surviving spouse may also recover for loss of the decedent's companionship and protection and for mental pain and suffering from the date of injury." § 768.21(2), Fla....

...Further, the Act provides that "[e]ach survivor *495 [including the decedent's spouse [1] ] may recover the value of lost support [2] and services [3] from the date of the decedent's injury to his death, with interest, and future loss of support and services from the date of death and reduced to present value." § 768.21(1), Fla....

...We further held that the title of the act provided sufficient constitutional notice to consolidate the survival and wrongful death actions into one action. In the instant case we have a different constitutional contention. It is here asserted that the new wrongful death act is unconstitutional because Section 768.21 precludes two sisters of the decedent from recovering through the administratrix of the estate for "loss of net accumulations beyond death." The applicable portion of Section 768.21 reads as follows: "(6) The decedent's personal representative may recover for the decedent's estate the following: "(a) Loss of earnings of the deceased from the date of injury to the date of death, less lost support of survivors excluding contributions in kind, with interest....

..."Under the new Wrongful Death Act recovery for `loss of prospective estate' *577 is not allowed for nor is it specifically prohibited. However, a counterpart or somewhat similar item of damage entitled `loss of net accumulations' is allowed under specified conditions under Section 768.21(6)(a) of the new act which provides: "`......

...If the decedent's survivors included a surviving spouse or lineal descendents, loss of net accumulations beyond death and reduced to present value may also be recovered.' (emphasis added) "When the definition of `survivors' set forth in Section 768.18 is read in conjunction with the above-quoted portion of 768.21(6)(a), it appears that the new act purports to allow recovery for loss of `net accumulations' beyond death only if the decedent is survived by a surviving spouse or minor children....

...A defense that would bar or reduce a survivor’s recovery if she or he were the plaintiff may be asserted against the *759 survivor, but shall not affect the recovery of any other survivor. § 768.20, Fla. Stat. (2008). The Act also provides for damages that may be recovered by the survivors, see § 768.21, Fla....

...tive damages. Id. If the action alleges that negligence or a violation of the resident’s rights caused the resident’s death, the claimant is “required to elect either survival damages pursuant to s. 46.021 or wrongful death damages pursuant to s. 768.21.” Id. 2 Section 46.021 provides that “[n]o cause of action dies with the person. All causes of action survive and may be commenced, prosecuted, and defended in the name of the person prescribed by law.” § 46.021, Fla. Stat. (2008). Section 768.21 is part of Florida’s Wrongful Death Act and provides for the damages that may be claimed by the decedent’s estate and statutory heirs. § 768.21, Fla....

...Unlike the typical wrongful death case, damages sought by the parents are not the pecuniary loss sustained by their being deprived of contributions to them by their son. Rather it is a claim by his estate of the accumulations which the decedent would have generated had he continued to live. It comes about by § 768.21 of the Florida Wrongful Death Act 1 and the statutory definition of “net accumulations.” 2 *381 The jury returned a verdict of $1 million in favor of Ageloffs 3 estate....

...But all is set at naught by the Supreme Court’s decision in Crawford Fitting Company, et al. v. J.T. Gibbons, Inc., 479 U.S. 1080 , 107 S.Ct. 2494 , 96 L.Ed.2d 385 (1987). We reverse the allowance of these expert witness fees. AFFIRMED IN PART. REVERSED IN PART. AND QUESTIONS CERTIFIED. 1 . Section 768.21(6) provides: [t]he decedent’s personal representative may recover for the decedent’s estate the ......

...] [her] normal life expectancy. NOTE ON USE FOR 502.2b The estate may recover lost accumulations when the sole survivor is a parent without a cause of action in his or her own right, as well as when survivors include a spouse or lineal descendant. F.S. 768.21(6)(a) (1985); Vildibill v....

...In determining the duration of the losses, you may consider the [joint life expectancy of (decedent) and (surviving spouse)] [life expectancy of (surviving spouse)] together with the other evidence in the case. NOTES ON USE FOR 502.2d 1. F.S. 768.18 and 768.21 (1990), applicable to causes of action accruing after October 1, 1990, expand eligible survivor claimants in wrongful death actions by surviving parents and children, but are not applicable to claims for medical malpractice as defined by F.S....

...] [her] estate if [he] [she] had lived [his] [her] normal life expectancy. NOTE ON USE FOR 502.4c When it is shown that decedent had no survivors as defined in F.S. 768.18(1), lost accumulations are recoverable only if decedent was age 25 or over. F.S. 768.21(6)(a) (1985)....

...The personal representative must bring a single action to recover damages for all beneficiaries. Funchess v. Gulf Stream Apartments of Broward County, Inc., 611 So.2d 43, 45 (Fla. 4th DCA 1992). Damages are to be awarded to the survivors and to the estate in accordance with the parameters of recovery set by section 768.21....

...She sought compensatory damages under Florida’s Wrongful Death Act, Fla. Stat. §§ 768.16–768.26, which in relevant part allows a decedent’s surviving spouse to recover for the “loss of the decedent’s companionship and protection” and “mental pain and suffering from the date of injury.” § 768.21(2). A After a four-day trial, the jury found Phillip Morris comparatively liable for Mr....

...The negligence action is in favor of the person injured; the wrongful death action is in favor of the decedent's estate and statutorily designated survivors. The measure of damages in a personal injury negligence action is different from the damages provided by section 768.21, Florida Statutes, for a wrongful death....

...son was not survived by anyone. As Plaintiff alleges Davis was survived by two minor children, the Hospital contends Plaintiff may not recover damages. The Hospital would be correct if Davis was an "adult" at the time of his death. See Fla.Stat.Ann. § 768.21(4)....

...Silva, we think, at the very least, that reasonable persons could differ concerning the propriety of the trial court's ruling, and the trial court therefore did not abuse its broad discretion in excluding the impeachment evidence upon the collateral matter. See Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980). [12] Under Section 768.21(6)(c), Florida Statutes (1983), "evidence of remarriage of the decedent's spouse is admissible." It has been held that this evidence is admissible "for the sole reason of allowing the truth to be known and to keep the court from having to participate in a fraud upon the jury" but not to mitigate damages....

...damages, as specified in this act, caused by the injury resulting in death.” Fla. Stat. § 768.20. Children of a decedent may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury. Fla. Stat. § 768.21(3). 3 The personal representative of an estate is merely a nominal party to a wrongful death action brought on behalf of a decedent; the estate and the decedent’s survivors are the real parties in interest....

...l representative can recover for the decedent’s estate only “medical or funeral expenses due to the decedent’s injury or death that have become a charge against her or his estate or that were paid by or on behalf of the decedent.” Fla. Stat. § 768.21(6)(b). (Emphasis added). A survivor, on the other hand, may recover only “[m]edical or funeral expenses due to the decedent’s injury or death that the survivor has paid.” Fla. Stat. § 768.21(5)....

...As previously stated, under Florida law, in a recovery for wrongful death action, children of the decedent may recover for lost parental companionship, instruction, 8 and guidance and for mental pain and suffering from the date of injury. Fla. Stat. § 768.21(3)....

...care costs by transforming Medicare from the primary payer to the secondary payer, with a right of reimbursement. See United States v. Baxter Int’l, Inc., 345 F.3d 866, 874 (11th Cir. 2003). The MSP “makes Medicare the secondary payer 10 Under Fla. Stat. § 768.21(6)(b), the personal representative may recover for the decedent’s estate medical expenses due to the decedent’s injury or death that have become a charge against his estate or that were paid by or on behalf of decedent....

PER CURIAM: This case involves a review of damages awarded by the district court under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346 (b), 2401(b), 2674, 2675(b) (1982), and Florida’s Wrongful Death Act, Fla.Stat. § 768.21 (1985)....

...the district court’s subject matter jurisdiction was limited to a total of $100,-000. On May 9, 1985, the district court ruled that the United States was liable to each surviving child of Eva Dix pursuant to 28 U.S.C. § 2674 (1982) and Fla.Stat. § 768.21 (1985) in the amount of $100,000....

...The District Court’s Award of Damages We review a district court’s award of damages under a clearly erroneous standard. Taylor Rental Corp. v. J.I. Case Co., 749 F.2d 1526, 1530 (11th Cir.1985). We find such here. The children of Eva Dix claimed damages under Florida’s Wrongful Death Act. See Fla.Stat. § 768.21 (1985)....

...minority, in the case of healthy minor children, may be considered. (3) Minor children of the decedent may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury. Fla.Stat. §§ 768.21(1), (3) (1985)....

...At the outset of trial, appellees waived any claim for lost support and services. Appellees limited their claim to a recovery under subsection three for the pain and suffering sustained by the children of the deceased. The district court, however, awarded damages to the surviving children pursuant to § 768.21(1) for the value of lost support and services....

...5 In light of the acknowledgement by appellees that there was simply no basis for such, we do not understand why the district court awarded these damages. Moreover, even in the event appellees had not waived their claim for lost support and services, section 768.21 would require the district court, in its computation of any damages, to consider such elements as the relationship between the surviving children and the decedent and the varying ages of the children....

...omprising the proportionate award to each surviving child of the decedent. VACATED and REMANDED. 1 . The district court ruled that Roosevelt Dix, Sr. was not entitled to damages as a “surviving spouse" as defined in Florida Statute §§ 768.18 and 768.21(2) (1985) since he did not live with the decedent, Eva Dix, and therefore did not rely or depend on her support or services....

...ages pursuant to Title 28, United States Code, Section 2674 and for the value of lost support and services, lost parental companionship, instruction and guidance and from mental pain and suffering, to the minor children pursuant to Florida Statutes, Section 768.21....

...Any funds Melissa might receive from the proceeds of the settlement of the wrongful death action would not be for the personal injuries she received in the accident. Instead, any funds allocated to Melissa from the wrongful death recovery would be awarded as compensation for her losses as a survivor of the Decedent. § 768.21, Fla....

...s needed. The inference to me that he knows a life, such as Anthony's, was worth three million dollars." * * * Parents of a deceased minor child may recover for loss of support, loss of services, and mental pain and suffering from the date of death. Section 768.21, Florida Statutes (1981)....

...In order to insure the availability of such relief, the plaintiff has moved this Court to apply the federal common law of survivorship instead of the relevant Florida statute. The defendants have strenuously argued the applicability of the Florida Wrongful Death Act, see § 768.16 et seq. Specifically, § 768.21 [1] sets forth the compensable damages awardable to the survivors depending upon their relationship to the deceased....

...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 he were the plaintiff may be asserted against him, but shall not affect the recovery of any other survivor." § 768.21, as mentioned previously, delineates the specifically compensable losses suffered by the decedent and his devisees and distributees....

...n pursuit of formalistic symmetry. Considerations of deterrence and federal supremacy, as well as justice, require us to grant plaintiff's motion. Hereafter, the federal common law will govern any future assessment of damages in this case. NOTES [1] § 768.21 DAMAGES All potential beneficiaries of a recovery for wrongful death, including the decedents estate, shall be identified in the complaint, and their relationships to the decedent shall be alleged....

...However, if a wrongful act causes death, the Wrongful Death Act allows the estate to recover damages only for prospective loss of earnings of the decedent and for the decedent's medical and funeral expenses which were not recovered by the survivor. § 768.21(6)....

..."). Accordingly, the trial court did not abuse its discretion in excluding the opinion evidence of the law enforcement authorities. Conclusion The judgment against FINR is therefore affirmed. Affirmed. NORTHCUTT and KELLY, JJ., Concur. NOTES [1] See § 768.21(4), Fla....

...Tampa Bay Downs, Inc., 948 So.2d 599, 606 (Fla.2006)). With these principles in mind, we turn to the statutes at issue. Discussion The statutes at issue are found in the "Florida Wrongful Death Act," which is codified in sections 768.16-768.26, Florida Statutes (2005). Section 768.21(1), Florida Statutes, provides that in a wrongful death action, "[e]ach survivor may recover the value of lost support and services from the date of the decedent's injury to her or his death, with interest, and the future loss of support and services." § 768.21(1), Fla. Stat. (2005). Minor children "may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of the injury." § 768.21(3), Fla....

...14, 2010); see also B.B. v. P.J.M., 933 So.2d 57, 59 n. 3 (Fla. 1st DCA 2006) ("Some examples of court proceedings that could establish the identity of a child's father would include: a father or a child's right to recover civil damages under the wrongful death statute, section 768.21(4), Florida Statutes....

...wnership. The defendants' motion to dismiss count VI is denied. COUNT X Count X of plaintiffs' complaint alleges a cause of action for hedonic damages. Hedonic damages attempt to compensate the survivors of the decedent for lost pleasures. Fla.Stat. § 768.21 controls what damages may be awarded in a wrongful death action. Hedonic damages are not made a part of Fla.Stat. § 768.21....

..." in Florida. Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101-102, 2 L.Ed.2d 80 (1957). The court is of the opinion that there is no cause of action for hedonic damages in Florida. The court must follow the guidelines established by Fla.Stat. § 768.21 and Florida case law until such time as the Supreme Court or the Florida legislature decides differently....

...Upjohn Co., 409 F.Supp. 453 (1976). Defendants correctly contend that the claim for loss of future earnings of the minor and net accumulations to the estate of the minor are not recoverable under Florida law absent specific authorization by Fla.Stat. § 768.21. According to § 768.21(6)(a)(1), only the decedent's surviving spouse or lineal descendants may recover these damages. Bassett v. Merlin, Inc., 335 So.2d 273 (Fla.1976). On the other hand, each survivor may recover the value of future lost support and services from the date of the decedent's death reduced to present value. Fla.Stat. § 768.21(1)....

...The funeral expenses were paid by the survivors of the decedent. As this court has dismissed all claims of David and Nancy Brown as the survivors of the decedent, the court strikes the claim for funeral expenses. The right to recover funeral expenses is vested in the personal representative. Section 768.21(5) and (6)(b), Fla.Stat....

...The certified question reads: Whether the executrix of an estate is entitled to recover the loss of income received from a trust, pursuant to the definition of "net accumulations" contained in section 768.118(5), Fla. Stat. (1983), when said income has not resulted from the skill or effort of the decedent. Id. at 5. Under section 768.21(6)(a), Florida Statutes (1983), the personal representative in this suit was entitled to claim the "[l]oss of the prospective net accumulations ......

...t be Honor's "survivor" pursuant to section 768.18(1), because she was born during the marriage between Achumba and Beckford, and Beckford is listed on Smoot's birth certificate as her father. [3] Achumba asserts that Smoot is a survivor pursuant to section 768.21(1), because she was born "out of wedlock of the father," and Honor recognized a responsibility for her support....

the Florida Wrongful Death statute, Fla.Stat. § 768.21 (1985). Section 768.20 of the Florida Statutes

...Meeks a duty of care because a bailment relationship existed between BellSouth and FPL concerning the pole, thereby relieving BellSouth of any liability. The trial court also ruled that any damages that may have been recoverable on behalf of Mr. Meeks' minor son under section 768.21(3), Florida Statutes (1997), are measured up to the time the child reaches the age of 25....

...Jur.2d Bailments § 31 (2000) (stating that whether a bailment has been created is a question of fact for the trier of fact). Therefore, the trial court erred in entering summary judgment in favor of BellSouth on the bailment theory. [5] See Krol v. City of Orlando, 778 So.2d 490 (Fla. 5th DCA 2001). Damages Under Section 768.21(3) We are presented with the issue whether Florida's Wrongful Death Act (the Act) limits the recovery of a minor child's claim of lost parental companionship and mental pain and suffering for the wrongful death of a parent to that peri...

...e falls within the definition "minor children," which requires the child to be "under 25 years of age, notwithstanding the age of majority." § 768.18(2), Fla. Stat. (1997). The specific category of damages we are here concerned with is addressed in section 768.21(3), Florida Statutes (1997), which provides: Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury....

...damages for pain and suffering to the surviving children computed over the joint life expectancies of the children and their father; it is urged that such damages are statutorily allowable if computed over the children's period of minority only. See § 768.21(3), Fla....

...d] [each of the surviving children]] together with the other evidence in the case. Fla. Std. Jury Instr. (Civ.) 6.6(g). The committee notes state that "the Committee revised 6.6g in 1987 to recognize that `joint life expectancy' is not prescribed by § 768.21(3), F.S., as the only measure of a child's future loss" and that "[t]he evidence may support a finding of a longer or a shorter duration." Certainly, while not binding precedent, the Florida Supreme Court, in adopting this jury instruction, and the court in Helms indicated a preference for the view that a minor child's recovery under section 768.21(3) is not limited by the period of minority and may extend over the life expectancy of the child....

...[6] Another requires that we interpret *1132 this statute in order to avoid an unreasonable or absurd result. [7] Thus in our search for the legislative intent and in keeping with these general rules of statutory construction, we will examine the other subsections of section 768.21 that have provisions similar to subsection (3). We begin our analysis with the integral provisions of subsection (3). We note that section 768.21(3) allows recovery by adult children—age 25 and over—of lost parental companionship and mental anguish, provided the decedent was the last surviving spouse....

...See Rush; Pavolini. We also find persuasive the interpretation the courts have given subsection (4) which provides in pertinent part that "[e]ach parent of a deceased minor child may also recover for mental pain and suffering from the date of injury." § 768.21(4), Fla....

...See Roberts v. Holloway, 581 So.2d 619 (Fla. 4th DCA 1991). We believe that a minor child suffers and grieves no less for the loss of a mother or father and, therefore, should be treated no differently than an adult child or spouse. *1133 Additionally, section 768.21(2) similarly provides that "[t]he surviving spouse may also recover for loss of the decedent's companionship and protection and for mental pain and suffering from the date of injury." Obviously, the measure of damages under this section is not limited by any time periods such as minority. Our analysis of all of the provisions of section 768.21 leads us to only one logical conclusion, which is that a minor child's recovery should be measured by the joint life expectancy of the child and the deceased parent. This interpretation brings symmetry to all of the provisions of the statute. Moreover, with respect to purely economic damages including support and services, section 768.21(1) specifically provides that the period of minority of a healthy minor child is a relevant factor to be considered by the trier of fact in determining the amount of damages, but it is only one of several factors. If the Legislature intended that a minor child's claim for lost parental consortium, after it vested, would end at a particular point, it could have easily inserted a limiting period in section 768.21(3), as it did in section 768.21(1). Since it did not, the obvious intent of the Legislature is that no such limitations period should be applied to section 768.21(3) claims....

...We find nothing in the record or in the law to indicate that the broken heart of a minor child caused by the grievous loss of a parent heals any faster than the broken heart of an adult child, or of a spouse who mourns the loss of a husband or wife. Moreover, we find no basis in the provisions of section 768.21(3) that requires disparate treatment of minor children, adult children, or spouses who seek damages for mental pain and suffering for the loss of a loved one. We conclude, therefore, that damages recovered by a minor child pursuant to section 768.21(3) should be calculated based on the joint life expectancy of both the deceased parent and the child....

...of their life experiences the full measure of recompense due a son for the loss of his father. We certify to the Florida Supreme Court the following question as one of great public importance: ARE THE DAMAGES RECOVERABLE BY A MINOR CHILD PURSUANT TO SECTION 768.21(3), FLORIDA STATUTES, LIMITED TO THE PERIOD OF MINORITY? REVERSED and REMANDED for further proceedings; QUESTION CERTIFIED....

...Gidman, 440 So.2d 1277, 1281 (Fla.1983)); Pavolini v. Bird, 769 So.2d 410 (Fla. 5th DCA 2000), rev. denied, 790 So.2d 1102 (Fla.2001). [8] We recognize the perceived unfairness of establishing an age limitation that prohibits an adult from recovering under section 768.21(3) when there is a surviving spouse, but allows a minor the right of recovery....

...ice for the plaintiff and against the defendant. and we would have reversed for a new trial on the issue of damages to the estate. The verdict granted the estate was excessive and not in accord with the proven tangible elements of damage. Fla. Stat. § 768.21(1), (3) (1973)....

...further proceedings consistent with this opinion. REVERSED and REMANDED. PETERSON and THOMPSON, JJ., concur. NOTES [1] Although not addressed in the equitable distribution hearing, the Magsipocs might also have recovered funeral and burial expenses. § 768.21(4), Fla....

...Florida Medical Association, and The Association of Community Hospitals and Health Systems of Florida, Amicus Curiae. PER CURIAM. We have for review two decisions that pass upon the following question certified to be of great public importance: DOES SECTION 768.21(8), FLORIDA STATUTES (1995), WHICH IS PART OF FLORIDA'S WRONGFUL DEATH ACT, VIOLATE THE EQUAL PROTECTION CLAUSE OF THE FLORIDA AND FEDERAL CONSTITUTIONS, IN THAT IT PRECLUDES RECOVERY OF NONPECUNIARY DAMAGES BY A DECEDENT'S ADULT CHILD...

...of the appellees. The appellants brought a wrongful death suit against the appellees —North Miami Medical Center and various physicians who had treated the decedent. The trial court granted summary judgment for the hospital and physicians, based on section 768.21, Florida Statutes (1995)—part of Florida's Wrongful Death Act[.] 712 So.2d at 827....

...She seeks damages for mental pain and *1042 suffering and for loss of support and services in her individual capacity, and for the net accumulations on behalf of her mother's estate. Based on these facts, the trial court entered summary judgment for the respondents pursuant to section 768.21(8)....

...On appeal, the Third District affirmed the trial court's order and certified the same question of great public importance as certified in Mizrahi. The First District Court of Appeal recently addressed the same issue in Stewart v. Price, 718 So.2d 205 (Fla. 1st DCA 1998), wherein the court rejected the argument that section 768.21(8) denies the federal and state constitutional guarantee of equal protection under the law....

...t, was not entitled to recover damages for the wrongful death of a parent. U.S. v. Durrance, 101 F.2d 109 (5th Cir.1939); Louisville & N.R. Co. v. Jones, 45 Fla. 407, 34 So. 246 (1903). Prior to the enactment of chapter 90-14, Laws of Florida, under section 768.21(3) only minor children could recover damages for their pain and suffering upon the wrongful death of a parent. See Weimer v. Wolf, 641 So.2d 480 (Fla. 2d DCA 1994). In chapter 90-14, the legislature amended section 768.21(3), among other things, to expand the definition of "survivors" who may recover for the wrongful death of a parent....

...costs. See § 766.201(1), Fla. Stat. (1995)." [1] Id. at 210. [2] In support of this rationale, the Legislature referred to and discussed the medical malpractice crisis and its adverse impact on the accessibility of health care during the passage of section 768.21. [3] Legislators expressly linked the exclusion of adult children of medical malpractice decedents contained in section 768.21(8) to the health care crisis rationale expressed in section *1043 766.201....

...oes not rest on any reasonable basis or that it is arbitrary." Id. All other adult children who lose their parents as a result of other negligent conduct have the right to recover pain and suffering damages if their parent died without a spouse. See § 768.21(8), Fla....

...The wrongful death statute provides for recovery by the decedent's survivors for their sentimental losses ( i.e., loss of the decedent's companionship and protection and for the survivors' mental pain and suffering) and for their economic losses ( i.e., their loss of support and services). Section 768.21, Fla....

...ions." Canal Ins. Co. v. Giesenschlag, 454 So.2d 88, 89 (Fla. 2d DCA 1984) (citation omitted). The Arnolds argue that the "per person" language portion of the policy does not limit their recovery because under the Florida Wrongful Death Statute, see section 768.21(1), (4), Florida Statute (1995), they have an independent right of recovery for the value of the loss of support and services from Adam and for their own pain and suffering caused by the loss of their minor child....

...an independent action under the predecessor act. It is equally clear under the 1972 act that the survivor's cause of action remains personal to the survivor even though the action is required to be brought by the decedent's personal representative. Section 768.21(1) provides: "Each survivor may recover ...," and section 768.21(2) provides that "the surviving spouse may also recover...." Lending further credence to the personal nature of the survivor's claims is the provision of section 768.20 which states: "A defense that would bar or reduce a survivor's rec...

...ly be set off by the decedent's settlement of a personal injury claim against a separate tortfeasor." In Martin v. United Security Services, Inc., 314 So.2d 765, 769 (Fla.1975), the court stated: In summary, the items of damage recoverable under new Section 768.21 allow each specified survivor to recover for (1) loss of past and future support and services; (2) loss of companionship and protection; and (3) his or her own mental pain and suffering from the date of the injury....

...A judge may not base an order for a new trial on argument that is both generally and contextually proper as a matter of law. Cf. Murphy v. International Robotic Systems, Inc., 766 So.2d 1010 (Fla.2000) (civil litigant may obtain relief based on improper closing argument made by counsel for an opposing party). Section 768.21(2), which governs recoverable damages in wrongful death negligence actions, provides that "[t]he surviving spouse may also recover for loss of the decedent's companionship and protection and for mental pain and suffering from the date...

...Neil, 457 So.2d 481 (Fla.1984), the record demonstrates that in all events he was satisfied that plaintiff's non-invidious reasons for the subject challenges were genuine. In the end that is the crucial part of an objection under Melbourne v. State, 679 So.2d 759 (Fla.1996). [3] See § 768.21(2), Fla....

...the tortfeasor to whom it is given from all liability for contribution to any other tortfeasor. [4] A wrongful death action concerns the right of statutory beneficiaries to recover for loss of support, companionship, lost earnings and other damages. § 768.21, Fla....

...ath of a parent: Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury. § 768.21(3), Fla. Stat. (1993). Section 768.21(4) of the Act provides that a parent may recover for loss of filial consortium arising from the wrongful death of a child, including an adult child: 768.21 Damages.—All potential beneficiaries of a recovery for wrongful death, including the decedent's estate, shall be identified in the complaint, and their relationships to the decedent shall be alleged....

...Damages may be awarded as follows: . . . . (4) Each parent of a deceased minor child may also recover for mental pain and suffering from the date of injury. Each parent of an adult child may also recover for mental pain and suffering if there are no other survivors. § 768.21, Fla....

...Dr. Mohan W. Jersani, alleging the defendant breached the applicable standard of care resulting in Milton's death as a result of a heart attack. By the time the case reached the jury, the only relief sought by Virginia related to that provided under section 768.21(2), Florida Statutes, namely for Virginia's loss of the decedent's companionship and for mental pain and suffering from the date of the injury....

...Stoner refused to opine regarding Milton's life expectancy at the time of his death and Dr. Stoner's concession that Milton may have exceeded his life expectancy resulted in causation evidence so equivocal as to be worthless. Damages Under Wrongful Death Act for Loss of Consortium—evidence of life expectancy Section 768.21, Florida Statutes, entitled "Damages," provides in relevant part: All potential beneficiaries of a recovery for wrongful death, including the decedent's estate, shall be identified in the complaint, and their relationships to the decedent shall be alleged....

...m. While no Florida case law addresses the evidentiary requirement regarding a decedent's life expectancy under subsection (2), in BellSouth Telecommunications, Inc. v. Meeks, 863 So.2d 287 (Fla. 2003), the supreme court considered the meaning of subsection 768.21(3) which provides for recovery by a decedent's children "for lost parental companionship, instruction and guidance and for mental pain and suffering from the date of injury." The precise issue in Meeks concerned whether the damages rec...

...prevailing judicial understanding regarding a surviving minor child's damages in a wrongful death action. In the present case, we find no persuasive reason to depart from this *495 understanding of the Legislature's intended measure of damages under section 768.21(3)....

...See, e.g., Stanford Fruit Growers, Inc. v. Frazier, 158 Fla. 135, 27 So.2d 906 (1946); Pidcock-Jones Co. v. Watson, 141 Fla. 376, 193 So. 305 (1940). [2] Given that some evidence relevant to joint life expectancies is necessary to a damages claim under section 768.21(2), the remaining inquiry concerns whether substantial competent evidence in this regard was presented by the plaintiff....

...In support of this verdict, the plaintiff cites us to National Railroad Passenger Corporation v. Ahmed, 653 So.2d 1055 (Fla. 4th DCA 1995). We find Ahmed, however, to be distinguishable from this case. In Ahmed, a case which involved wrongful death damages to adult children under section 768.21(3), Florida Statutes (1990), the fourth district affirmed an award of $400,000 to each adult child, even though it recognized that it was "indeed a generous award." Id....

mental pain and suffering from the date of injury." § 768.21(3), Fla. Stat. (2014). Thus, an adult child twenty-five

...his appeal. [1] The estate alleged (1) deprivation or infringement of a nursing-home resident's rights under section 400.23, Florida Statutes (2000), of the RRA, authorizing the recovery of "actual and punitive damages," and (2) wrongful death under section 768.21, Florida Statutes (2000), permitting awards for medical and funeral expenses, and noneconomic damages for certain designated beneficiaries....

...ges to the familial survivors of nursing-home residents. Addressing the WDA claim, the court ruled that because the jury had found the sole cause of Williams' injuries was Tandem's professional negligence rather than ordinary negligence, and because section 768.21(8) precludes a decedent's adult children from recovering noneconomic damages resulting from medical malpractice, the heirs were not entitled to such damages....

...se of action for the recovery of damages suffered by them—not by the decedent—resulting from the wrongful invasion of legal rights by a tortfeasor. Id. See also Knowles v. Beverly Enters.-Fla., 898 So.2d 1, 4, 2004 WL 2922097 (Fla. Dec. 16, 2004). Section 768.21(3) identifies the types of noneconomic damages recoverable by the adult children if there is no surviving spouse, and they include "lost parental companionship, instruction, and guidance and for mental pain and suffering from the date...

...There was, however, no such right at common law, and nothing in chapter 400 expresses any intent, expressly or remotely, to incorporate the same statutorily created remedies of the WDA within the RRA. The estate next argues the lower court erred in striking the noneconomic damages returned to the heirs under section 768.21(8) of the WDA, based upon the jury's finding that all of the fault of Tandem was attributable to its professional, rather than ordinary, negligence....

...In deciding to give the charge on professional negligence, the lower court pointed out that the estate intended to call expert witnesses for the purpose of testifying about the professional standard of care and duties of Tandem and its nurses, while also maintaining that the medical-malpractice provisions of chapter 766 or 768.21(8) should not apply....

...The difficulty with the estate's argument is that it never brought the statutory exclusion to the lower court's attention. Indeed, in its two motions seeking leave to add the punitive-damages claim, the estate did not distinguish between claims for punitive damages under section 400.023, and those under section 768.21....

...es as well as the expenses incurred by the estate. It follows, from the fact that the plaintiff can amend to reflect his capacity as personal representative, that claims for damages which are properly recoverable by the personal representative under section 768.21(6), Florida Statutes (1981), will also relate back....

...Gulf Stream Apartments at Broward County, Inc., 611 So.2d 43, 45 (Fla. 4th DCA 1992). The statute's designation of the personal representative as the party plaintiff in a wrongful death action does not indicate a legislative intent that the wrongful death act be subsumed by the probate code. Section 768.21 specifies those damages recoverable by survivors and by the estate....

...o part in its decision on how to allocate the proceeds of settlement. When asked to apportion the proceeds of a wrongful death settlement, a court must look to the statute to identify both the "survivors" and recoverable damages. See §§ 768.18(1), 768.21, Fla....

...We agree, therefore, with the Sheriff, but only to the extent of noting that the $2,500,000 award was excessive and against the manifest weight of the evidence. In Florida, a surviving parent may recover the value of a deceased minor's services *1022 reduced to present value. § 768.21(1), Fla....

...s death to the date on which the child would have reached majority. See Roberts v. Holloway, 581 So.2d 619 (Fla. 4th DCA 1991). The material consideration in an evaluation of lost services is the replacement value of those services to the survivors. § 768.21(1), Fla....

...For purposes of that new trial, we address the second issue raised by the appellants. The trial judge instructed the jury that under Florida's Wrongful Death Act, the parents of a deceased minor child are entitled to recover mental pain and suffering from the date of injury. § 768.21(4), Fla....

...survive, as the jury may assess." § 768.03(1), Fla. Stat. (1963). The present statute provides that damages in a wrongful death action may be awarded to each parent of a deceased minor child "for mental pain and suffering from the date of injury." § 768.21(4), Fla....

...sive as to shock the judicial conscience). Only noneconomic damages were awarded in the present case. Recovery was authorized “for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury.” § 768.21(3), Fla....

...denied, 262 So.2d 447 (Fla. 1972). AFFIRMED. GLICKSTEIN, J., and BOARDMAN, EDWARD F., Associate Judge (Retired), concur. LETTS, J., concurs in conclusion only. NOTES [1] The parents were joined as plaintiffs under the authority of Florida Statutes Annotated § 768.21 (West Supp....

...dent for support or services, any blood relatives and adoptive brothers and sisters.” Id. § 768.18(1). Where the legislature has defined a term, courts are bound to follow that definition. Streeter v. Sullivan, 509 So. 2d 268, 272 (Fla. 1987). Section 768.21 specifies the types of damages that may be awarded to “each survivor” and additional types of damages for certain survivors, including a “surviving spouse.” It states, in pertinent part: All potential benefici...

...if the surviving spouse was not married to the decedent prior to the date of the decedent’s injury. The definition of “survivor” in the statute is limited to familial relationships only, and both subsections (1) and (2) of section 768.21 clearly provide that damages are recoverable from the date of “injury.” §§ 768.18(1), 768.21(1)–(2), Fla....

...mit who may recover, but rather, only limits what a survivor may recover. See Kelly, 211 So. 3d at 349 (Taylor, J., dissenting). In fact, the legislature’s frequent differentiation between the “date of injury” and the “date of death” in section 768.21 demonstrates its awareness that these may be two different dates in a given case....

...We, therefore, reverse the final judgment based on the improper closing argument. 23 On Cross-Appeal On cross-appeal, Mrs. Wiederhold maintains that the estate should have been allowed to introduce all medical expenses paid on Mr. Wiederhold’s behalf pursuant to section 768.21(6), Florida Statutes....

...(b) Medical or funeral expenses due to the decedent’s injury or death that have become a charge against her or his estate or that were paid by or on behalf of decedent, excluding amounts recoverable under subsection (5). § 768.21(6)(b), Fla....

...Domino’s disagrees, arguing that Mr. Wiederhold’s estate is not entitled to windfall for medical expenses that were not owed by the estate and that had been resolved. The estate has a right to claim medical expenses paid by or on Mr. Wiederhold’s behalf. Id. § 768.21(6)(b); Horton v. Channing, 698 So. 2d 865, 869 (Fla. 1st DCA 1997) (determining that $425,824.42 paid by insurance providers constituted medical expenses paid on behalf of decedent, and therefore, constituted damages as provided by section 768.21(6)(b), despite fact that plaintiff and estate had no obligation to repay providers). Further, such damages are not subject to reduction when subrogation or reimbursement right exists....

...The principle behind the collateral source rule is that it is better for the wronged plaintiff to receive a potential windfall than for a tortfeasor to be relieved of responsibility for the wrong. Respess v. Carter, 585 So. 2d 987, 990 (Fla. 5th DCA 1991). Based on the plain wording of section 768.21(6)(b), we conclude the trial court erred in prohibiting Mrs....

...surviving spouse a part of the Wrongful Death Act. ACandS, 703 So.2d at 494 (“[T he surviving spouse may also recover for loss of the decedent’s companionship and protection and for mental pain and suffering from the date of injury.” (quoting § 768.21(2), Fla....

...dent and the period of minority, in the case of healthy minor children, may be considered. (2) The surviving spouse may also recover for loss of the decedent’s companionship and protection and for mental pain and suffering from the date of injury. § 768.21, Fla....

...The common law rule merely limits the circumstances for when the surviving spouse may recover “consortium-type” damages under the wrongful death statute for the “decedent’s companionship and protection and for mental pain and suffering from the date of injury.” § 768.21(2), Fla....

...r consortium damages if the surviving spouse was not married to the decedent prior to the date of the decedent’s injury. The definition of “survivor” in the statute is limited to familial relationships only, and both subsections (1) and (2) of section 768.21 clearly provide that damages are recoverable from the date of “injury.” §§ 768.18(1), 768.21(1)-(2), Fla....

...Super. Ct. Aug. 14, 1992). . We do not express any comment regarding other damages recoverable under the Wrongful Death Act such as recovery for medical and funeral expenses and other damages recoverable by an estate’s personal representative. See § 768.21(3)-(6), Fla....

or to the surviving parent of an adult child. § 768.21(6), Fla. Stat. (2005). If the victim in this case

...The second issue raised by appellant concerns the propriety of a $46,000 damage verdict to the estate returned by the jury, and the trial court's denial of a motion for remittitur. The appellant argues that under *416 the Florida Wrongful Death Act, section 768.21(6), Florida Statutes (1980), there are three elements of recoverable damages for an estate: (1) loss of earnings, (2) loss of net accumulations, and (3) funeral expenses....

...If she had lived another two years, her estate would have been entitled to the maximum $192,800 in estate tax credits. The estate representatives contend here that the $71,000 in lost tax credits is an element of damages under the Wrongful Death Act, section 768.21(6)(a), Florida Statutes (1985)....

...section 5-4.3, the amount of recovery for damages, in a wrongful death action, "is measured by the fair and just compensation for the pecuniary injuries resulting from decedent's death to the persons [the distributees] for whose benefit the action is brought." Farrar, 502 N.Y.S.2d at 611. Section 768.21(6)(a) of the Florida Wrongful Death Act, by comparison, appears to measure the loss to the decedent's estate as a consequence of an early death, without consideration for the consequences of federal estate taxes upon what would otherwise have been available for distribution....

...Stat. §§ 768.10-768.26, permits survivors to recover the value of lost support and services from the date of injury to the date of death, as well as the future loss of support and services from the date of death reduced to present value. Fla. Stat. § 768.21(1)....

...A minor child of the decedent may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering. Parents of a deceased minor child may recover noneconomic damages for mental pain and suffering, [22] Fla. Stat. § 768.21(4), as well as economic damages for medical or funeral expenses paid, Fla. Stat. § 768.21(5). Finally, as relevant to this case, the estate may recover the loss of prospective net accumulations of the estate reduced to present money value. Fla. Stat. § 768.21(6)(a), (b)....

...oer. BellSouth Tele., Inc. v. Meeks, 863 So.2d 287, 290 (Fla. 2003) (citing Fla. Stat. § 768.17). While the statute provides that the child's loss of support and services from the death of a parent may be limited to the child's minority, Fla. Stat. § 768.21(1), no such limitation is expressed in the statute regarding the child's pain and suffering from the loss of a parent, Fla. Stat. § 768.21(3)....

...due to natural causes during the child's lifetime." BellSouth Tele., 863 So.2d at 292. Likewise, the relevant statute does not limit the pain and suffering incurred by a parent from the loss of a minor child to the child's remaining minority years, § 768.21(4), and that calculation should instead be measured based on the life expectancies of the parents....

...They also filed motions for partial summary judgment arguing that Lucy Thomas could not recover damages for mental and emotional pain and suffering or lost companionship, guidance, and advice on the medical malpractice claims because all of Mildred Thomas’s surviving children were adults who were precluded under section 768.21(8), Florida Statutes (1997), from seeking such damages in a wrongful death suit....

...As to all of the claims, the trial court dismissed the prayer for damages relating to mental and emotional pain and suffering and lost companionship, guidance, and advice. In granting the motions for partial summary judgment on the medical malpractice claims, the trial court held that pursuant to section 768.21(8), Lucy Thomas could not recover nonpecuniary damages on behalf of the estate....

...DeVito Contracting & Supply, Inc., 769 So.2d 1138, 1140 (Fla. 2d DCA 2000). This court conducts a de novo review of a trial court’s order granting partial final summary judgment. Roth v. Bank of Am., N.A., 23 So.3d 765, 766 (Fla. 2d DCA 2009). IV. Neither Section 768.21(8) Nor the Impact Rule Applies to Bar Prayers for Nonpecuniary Damages in Claims for Intentional Misrepresentation....

...omplaint arose only after Mildred Thomas died as a result of alleged medical malpractice, and (2) the claim failed to meet the requirements of the impact rule. Neither of these grounds support the trial court’s decision. First, we acknowledge that section 768.21(8) specifically prohibits adult children from recovering damages for mental and emotional pain and suffering and for loss of parental companionship, instruction, and guidance in wrongful death actions arising out of medical malpractice....

...Rather, the third claim is based on events which occurred after Mildred Thomas’s demise, specifically, the purported cover-up of the real cause of her death and the provision of false information to her family. Thus, to the extent *253 that the trial court relied upon section 768.21(8) to enter partial final summary judgment, such reliance was erroneous....

...Carson, Edward J. Atkins and George W. Chesrow of Walton, Lantaff, Schroeder, Carson & Wahl, Miami, for appellees. OVERTON, Chief Justice. This is an appeal from an order of the circuit court that initially and directly passed on the constitutionality of Section 768.21(6)(a), Florida Statutes....

...His parents are his only survivors under Florida's wrongful death statute. Section 768.18(1), Florida Statutes. The trial court certified questions to the Third District Court of Appeal asking whether his parents could recover net accumulations under Section 768.21(6)(a), Florida Statutes. The Third District in Bassett v. Merlin, Inc., 304 So.2d 543 (Fla. App.3rd, 1974), correctly answered the question in the negative. Upon remand to the circuit court, the appellant asserted by motion the unconstitutionality of Section 768.21 on the grounds it denied parents of an adult child the right to damages for mental pain and suffering. The circuit court held the statute constitutional. We agree. We previously considered and upheld the constitutionality of Section 768.21, Florida Statutes (1975), in a related factual situation in White v....

...This rule is as applicable to the determination of damages as it is to the determination of the proper statute of limitations in a § 1983 case, which was the issue before the court in Wilson . . See Ala.Code § 6-5-410; Ga.Code §§ 51-4-1 and 51-4-5; Fla.Stat.Ann. § 768.21....

...881 (1935); § 733.708, Fla. Stat. (1991). See also §§ 733.602; 733.609; 733.612(20), (24), (26). Arguments that other proceeds might be forthcoming cannot serve as a basis for omitting the estate from a reasonable share of tendered settlement proceeds. See § 768.20; § 768.21(6)(b), (7), Fla....

importance in determining legislative intent. Section 768.21, Florida Statutes: "Damages. — ... Dangers

have been permitted without compliance with section 768.21(1), Florida Statutes (2001). OneBeacon correctly

over the children's period of minority only. See § 768.21(3), Fla. Stat. (1977). Our reading of the statutory

specifies who may bring the action and Fla. Stat. § 768.21 specifies the items of damage which may be recovered

spouse. Gates. Florida's wrongful death statute, section 768.21, Florida Statutes (1982), provides for recovery

292 So.2d 67 (Fla. 3rd DCA 1974). [3] See Section 768.21(1) loss of support and services, (4) mental

those proceeds the hospital lien can only attach. § 768.21(6)(b), Fla. Stat. (1989). This being a case of

influence, see 17 Fla.Jur.2d Death § 41 (1980); § 768.21(3), Fla. Stat. (1989), is one which may be properly

18(2), Florida Statutes (1995). Pursuant to section 768.21(3), Florida Statutes (1995), a minor child

Damages of this sort are compensable under section 768.21(2) of the Florida Wrongful Death Act, which

recover wrongful death damages under Fla. Stat. § 768.21(6), which provides that the decedent’s personal

2d 902 (11th Cir.1986). In this case, Fla.Stat. § 768.21 controls the damages plaintiff shall receive.

damages if their parent died without a spouse. See § 768.21(8), Fla. Stat. (1999). However, in the case of

and suffering caused by Catherine's death. See § 768.21(4), Fla. Stat. (1985) ("Each parent of a deceased

adult children for net accumulations under Section 768.21(6)(a), Florida Statutes (1975). The appellants

and a challenge to the constitutionality of section 768.21(8), Florida Statutes (1991). Summary judgment

§ 768.03. By a later statute, Fla.Stat.1973, § 768.21, (which applies to deaths occurring on and after

the claim for medical and funeral expenses. Section 768.21(5) provides that damages may be awarded for:

minimal, consisting of burial expenses, see id. § 768.21, and dropped the wrongful death claim. This left

filed a third-amended complaint pursuant to section 768.21, Florida Statutes (2001),[1] asserting claims

includes a decedent's parents. See § 768.18(1). Section 768.21(4) states that each parent of a deceased minor

decedent's net accumulations as provided for in Section 768.21(6)(a), Florida Statutes (1975). The trial court

of action. Section 768.21(1) provides, "Each survivor may recover ...." and section 768.21(2) provides

Death Act, section 768.21, Florida Statutes. The Hospital argued that under section 768.21, Afonso's economic

economic damages are not part of an estate award, see § 768.21(6) Fla. Stat. (1987), it is clear that the jury

surviving spouse, surviving minor child, or both. § 768.21(1)-(3), Fla. Stat. (permitting recovery for loss

recover damages on behalf of Javon under *911 section 768.21, Florida Statutes, which permits a survivor

completely preempted by ERISA. Here, Florida Statute section 768.21(6)(b) allows *1301 an estate to recover damages

survivors to include a decedent's parents, and Section 768.21(1) lists the elements of damage for which "each

is admissible." [1] New Fla. Stat. Ch. 72-35, § 768.21(6) (c) expressly permits evidence of remarriage

not recoverable for the death of a minor child. § 768.21(6)(a)2, Fla. Stat. (1997).

must be specifically identified in the complaint, § 768.21, Fla. Stat. (1981). [3] Two of the children of

action. Section 768.20, Florida Statutes (1977). Section 768.21, Florida Statutes (1977) reads in part as follows:

spouse" for purposes of the Wrongful Death Act, section 768.21(3), Florida Statutes (Supp. 1990), in order

recover loss of prospective net accumulations. See § 768.21(1), (6), Fla. Stat. *55(2012). However, in Florida

and the survivors are enumerated by statute. See § 768.21, Fla. Stat. (2001). However, the damages allowed

entitlement to the economic damages pursuant to section 768.21(6)(b), Florida Statutes. The trial court additionally

by the appellants in their own right under section 768.21, Florida Statutes, (wrongful death statute)

bill for removal of the decedent's organs. Section 768.21(6)(b), Florida Statutes (1993) allows the personal

child, respectively. [13] F.S. 768.18. [14] F.S. 768.21. [15] Whitefield v. Kainer, 369 So.2d 684 (Fla

injuries recoverable under Florida Statute section 768.21. 13. Any of the above findings of fact which

judgment for the hospital and physicians, based on section 768.21, Florida Statutes (1995)—part of Florida's

under the Florida Wrongful Death Act, Fla.Stat. § 768.21(6)(a), which provides a remedy for survivors.1

671 (Fla. 2d DCA 1989). Under Florida Statutes § 768.21(l) and (4), parents of a deceased minor child

action for the wrongful death of their son. Section 768.21(4), Florida Statutes (1983) allows the parents

remarriage of the decedent's spouse is admissible. § 768.21, Fla. Stat. (1997). The restitution order expressly

damages in this case is found at Florida Statute Section 768.21(6)(a), which allows for recovery by an estate

under the thus applicable exception provided in section 768.21(8), Florida Statutes (1995),[2],[3] the present

from the wrongful death of a child, Fla.Stat. § 768.21(4) (1991), no statute provides them a remedy for

legislative intent of the Wrongful Death Act (Fla.Stat. § 768.21), that the Florida Supreme Court would allow an

recoverable by the personal representative under section 768.21(6), Florida Statutes (1981) will also relate

impermissible prayers for relief pursuant to Section 768.21 of the Florida Statutes. (Doc. 27 at 19-20

parent. Fla. Stat. § 768.21(3). Funeral expenses also may be awarded. Fla. Stat. § 768.21(5). Economic Damages

civil damages under the wrongful death statute, section 768.21(4), Florida Statutes; a father's financial

funeral expenses paid by him. Although, as Section 768.21(5) expressly provides, the father would ordinarily

that the child had lived. We affirm. THE LAW Section 768.21, Florida Statutes, provides for damages for

net accumulations, and 3) funeral expenses. See § 768.21, Fla. Stat. (1987); Bruce v. Byer, 423 So.2d 413

CAN HIS PARENTS RECOVER NET ACCUMULATIONS UNDER § 768.21(6)(a)? or ARE PARENTS OF A DECEASED ADULT LINEAL

20, Fla. Stat. (emphasis added); see also id. § 768.21 ("All potential beneficiaries of a recovery for

decedent's estate are distinct and limited by section 768.21, Florida Statutes (2003). Even so, the Act's

rather than from the date of his death. Fla.Stat. § 768.-21 (Supp.1972). The DOHSA, of course, contains no

the survivors’ own pain and suffering), see id. §'768.21.14 Having carefully considered the language of

wrongful death, reduced to present money value. See § 768.21(6)(a), Fla. Stat. (2001). Mrs. Barlow was afforded

for mental pain and suffering, as authorized by § 768.21(4), Fla. Stat. (2000). Plaintiff also initially

children were adults who were precluded under section 768.21(8), Florida Statutes (1997), from seeking such

entitled to receive damages for pain and suffering. § 768.21(3), Fla. Stat. (Supp. 1972). The estate could

the hospital's medical malpractice because section 768.21(8), Florida Statutes (2005), prevents children

guidance[,] and for mental pain and suffering.” See § 768.21(1), (3), Fla. Stat. (2008). Certainly, the City

medical malpractice, and the provisions of section 768.21(8) do not apply to a claim alleging death of

survivors include a spouse or lineal descendant. F.S. 768.21(6)(a) (1985); Vildibill v. Johnson, 492 So.2d

decedent’s estate are distinct and limited by section 768.21, Florida Statutes (2003). Even so, the [Medicaid

under the Florida Wrongful Death Act. See id. § 768.21. And, of course, to the extent the representative

exeessiveness of an award to an adult child under section 768.21(8), Florida Statutes (Supp.1990). In the instant

accident and his death, our Wrongful Death Act, section 768.21, Florida Statutes was amended to provide that

constituting a felony, (emphasis supplied) Section 768.21(4) sets forth damages recoverable by survivors

estate, must be identified in the complaint, F.S. § 768.21 (1985). The plaintiffs brought this action as

recoverable only if decedent was age -25 or over. § 768.21(6)(a), Fla.Stat. (1985). The Committee expresses

authorized non-pecuniary damages. See Fla. Stat. § 768.21 (allowing damages for

interests were provided for by that section and section 768.21, Florida Statutes (1987) which enumerates the

Fla.Stat.Ann. Sec. 768.21(6)(a).** Section 768.21(6)(a) provides: 8 (6) The

to the Florida Wrongful Death Act, Fla. Stat. § 768.21. REMOVAL TO FEDERAL COURT In May 1999 Health

children’s claims. The Florida Wrongful Death Act, section 768.21, Florida Statutes (1981) provides: 768.21 Damages

recovered by the decedent’s estate. See § 768.21, Fla. Stat.; S. Shore *145

statute applies to wrongful death actions under section 768.-21, Florida Statutes (1983); and (2) the trial

action for the wrongful death of their son. Section 768.21(4), Florida Statutes (1983) allows the parents

of the claim of mental pain and suffering. See § 768.21(4)Fla. Stat. (1998). The trial judge adopted the

civil damages under the wrongful death statute, section 768.21(4), Florida Statutes; a father's financial

Further, the “Damages” section of the Statute, Section 768.-21, Florida Statutes (1977) states: (3) Minor

judgment for the hospital and physicians, based on section 768.21, Florida Statutes (1995) — part of Florida’s

under the Florida Wrongful Death Act, Fla.Stat. § 768.21(6)(a), which provides a remedy for survivors.1

wrongful death, reduced to present money value. See § 768.21(6)(a), Fla. Stat. (2001). Mrs. Barlow was afforded

discretion. Id. Under our wrongful death statute, section 768.21, Florida Statutes (1999), the surviving spouse

personal representative or survivors to collect. See § 768.21. Thus it cannot be said that the claim, in its

regarding what is meant by “surviving spouse” in section 768.21(3), the Legislature has made no change. The

spouse. Gates. Florida’s wrongful death statute, section 768.21, Florida Statutes (1982), provides for recovery

and a challenge to the constitutionality of section 768.21(8), Florida Statutes (1991). Summary judgment

recover damages as a ‘surviving spouse’ under section 768.21(2).” 385 So. 3d at 1024. Consistent with

well as “their relationships to the decedent.” § 768.21 Fla. Stat. (1995). WDA also specifies the kind

declaration regarding the constitutionality of section 768.21(8), Florida Statutes (2017). That statute

survivors include a spouse or lineal descendant. F.S. 768.21(6)(a) (1985); Vildibill v. Johnson, 492 So.2d

Fla. Stat., [and] its own panoply of remedies, § 768.21, Fla. Stat.” Not surprisingly, then, this

Jennifer Ripple’s claim for damages under section 768.21(2) of the Florida Wrongful Death Act (the

action for the wrongful death of his or her spouse. § 768.21(6)(c), Fla.Stat. (1985); Smyer v. Gaines, 332

recently held that the statute in question, section 768.21(8), Florida Statutes (1991), is constitutional

when and who can file claims under the law. See § 768.21, Fla. Stat. (2022). No matter how sympathetic

protection and for mental pain and suffering” under section 768.21(2) of the Wrongful Death Act. The estate’s

indicates that a minor child’s recovery under section 768.21(3) should be measured by the joint life expectancy

benefit and do not become part of the estate. See § 768.21, Fla. Stat. (2012); Hartford Ins. Co. v. Goff

benefit and do not become part of the estate. See § 768.21, Fla. Stat. (2012); Hartford Ins. Co. v. Goff

for her losses as a survivor of the Decedent. § 768.21, Fla. Stat. (1999); Martin v. United Sec. Servs

or to the surviving parent of an adult child. § 768.21(6), Fla. Stat. (2005). If the victim in this case

in a wrongful death action are specified in section 768.21. It provides, in pertinent part: Damages may

who can recover and what may be recovered. Section 768.21(4), Florida Statutes (1983), permits each parent

accumulations under Fla. StatAnn. § 768.21(6)(a). ** Section 768.21(6)(a) provides: (6) The decedent’s

pain and suffering from the date of injury.” § 768.21(2).

the relationship of Higgins and his survivors. § 768.21, Fla.Stat. (1981). Thus, it is evident that Higgins’s

the estate that the jury remained confused. Section 768.21(6), Florida Statutes (1979)1 enumerates those

date of death and reduced to present value.” § 768.21(1). Accordingly, because the Wrongful Death Act

to decedent’s estate pursuant to Fla.Stat.Ann. § 768.21(6)(a)2. The defendant moves to strike this claim

spouse to recover consortium damages under section 768.21(2), Florida Statutes. There is a conflict on

on Jennifer Ripple’s claim for damages under section 768.21(2) of the Florida Wrongful Death Act. Id. at

“survivors” as it appears in the second sentence of Section 768.-21(6)(a) to be read in conjunction with the definition

to include those of the decedent’s survivors. § 768.21, Fla. Stat. (1999). Unlike the plaintiff in Hamilton

late son was a minor within the meaning of section 768.21(4), Florida Statutes (1988), and that she is

recover “the value of lost support and services.” § 768.21(1). A surviving spouse may recover “for loss of

supplied). The key to the proper analysis of section 768.21(1) is that the Legislature has never adopted

injury, this remedy is a creature of statute. § 768.21(2), Fla. Stat. (2007); see also Nissan Motor Co

Legislature has corrected this by enactment of Fla.Stat. § 768.21 F.S.A. (1972 Supp.), allowing recovery of “loss

decedent’s economic damages.” Id. (citing Fla. Stat. § 768.21). Here, as an “aggrieved person,” 42 U.S.C. §

death." § 768.20. To assist a defendant, section 768.21 identifies the damages allowable and requires

Court affirmed a circuit court ruling that Section 768.21 was constitutional even though “it denied parents

from the wrongful death of a child, Fla. Stat. § 768.21(4) (1991), no statute provides them a remedy for

funeral costs borne by the survivors or the estate. § 768.21, Fla. Stat.; Martin, 314 So. 2d at 770. Notably