Florida Statute 768.21 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

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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:

(1) Each 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 future loss of support and services from the date of death and reduced to present value. In evaluating loss of support and services, 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. In computing the duration of future losses, the joint life expectancies of the survivor and the decedent 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.

(3) 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. For the purposes of this subsection, if both spouses die within 30 days of one another as a result of the same wrongful act or series of acts arising out of the same incident, each spouse is considered to have been predeceased by the other.

(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.

(5) Medical or funeral expenses due to the decedent’s injury or death may be recovered by a survivor who has paid them.

(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. Loss of the prospective net accumulations of an estate, which might reasonably have been expected but for the wrongful death, reduced to present money value, may also be recovered:

1. If the decedent’s survivors include a surviving spouse or lineal descendants; or

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 subsection (1), and there is a surviving parent.

(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).

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.

(8) The damages specified in subsection (3) shall not be recoverable by adult children and the damages specified in subsection (4) shall not be recoverable by parents of an adult child with respect to claims for medical negligence as defined by s. 766.106(1).

History.—s. 1, ch. 72-35; s. 2, ch. 81-183; s. 1, ch. 85-260; s. 2, ch. 90-14; s. 1169, ch. 97-102; s. 1, ch. 2002-44; s. 66, ch. 2003-416; s. 163, ch. 2020-2.

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Amendments to 768.21

Annotations, Discussions, Cases:

Cases Citing Statute 768.21

Total Results: 211

Knowles v. Beverly Enterprises-Florida

898 So. 2d 1, 2004 WL 2922097

Supreme Court of Florida | Filed: Dec 16, 2004 | Docket: 1732329

Cited 89 times | Published

deceased and medical and funeral expenses. See § 768.21, Fla. Stat. (1997). Petitioner argues that the

Sandra S. Grogan v. Brenda F. Platt, Jane Doe, as Personal Representative of the Estate of William Russell Matix, Deceased

835 F.2d 844, 96 A.L.R. Fed. 873, 1988 U.S. App. LEXIS 382, 1988 WL 47

Court of Appeals for the Eleventh Circuit | Filed: Jan 15, 1988 | Docket: 183570

Cited 87 times | Published

mental anguish. See, e.g., Fla.Stat.Ann. § 768.21 (West 1986). In a negligence action based on injuries

BellSouth Telecommunications, Inc. v. Meeks

863 So. 2d 287, 28 Fla. L. Weekly Supp. 775, 2003 Fla. LEXIS 1730, 2003 WL 22349663

Supreme Court of Florida | Filed: Oct 16, 2003 | Docket: 1432217

Cited 67 times | Published

DAMAGES RECOVERABLE BY A MINOR CHILD PURSUANT TO SECTION 768.21(3), FLORIDA STATUTES, LIMITED TO THE PERIOD

Martin v. United Security Services, Inc.

314 So. 2d 765

Supreme Court of Florida | Filed: Apr 23, 1975 | Docket: 1420969

Cited 62 times | Published

a subsequent part of this opinion. Finally, Section 768.21, here set forth in full, specifies the items

Engle Cases 4432 Individual Tobacco v. Various Tobacco Companies

767 F.3d 1082, 89 Fed. R. Serv. 3d 1199, 2014 U.S. App. LEXIS 17450

Court of Appeals for the Eleventh Circuit | Filed: Sep 10, 2014 | Docket: 1185047

Cited 39 times | Published

decedent’s estate. See Fla. Stat. § 768.21; Capone v. Philip Morris USA, Inc.,

St. Mary's Hospital, Inc. v. Phillipe

769 So. 2d 961, 2000 WL 854258

Supreme Court of Florida | Filed: Jun 29, 2000 | Docket: 2517725

Cited 39 times | Published

elements of damages recoverable are limited by section 768.21, Florida Statutes (1995), of the Wrongful Death

Goutis v. Express Transport, Inc.

699 So. 2d 757, 1997 WL 536016

District Court of Appeal of Florida | Filed: Sep 3, 1997 | Docket: 1694088

Cited 39 times | Published

establishing damages to the claimants. See, e.g., § 768.21, Fla. Stat. (1995). The decedent's position in

Zorzos v. Rosen by and Through Rosen

467 So. 2d 305, 10 Fla. L. Weekly 190

Supreme Court of Florida | Filed: Apr 4, 1985 | Docket: 1680734

Cited 38 times | Published

and suffering from the date of the injury." Section 768.21(2)(3) (emphasis supplied). We have said that

Variety Children's Hosp. v. Perkins

445 So. 2d 1010

Supreme Court of Florida | Filed: Dec 15, 1983 | Docket: 1685540

Cited 36 times | Published

unrelated to damages sustained by the decedent. § 768.21, Fla. Stat. (1981); See also Ake, 25 So.2d at

Vildibill v. Johnson

492 So. 2d 1047, 11 Fla. L. Weekly 275

Supreme Court of Florida | Filed: Jun 26, 1986 | Docket: 478644

Cited 34 times | Published

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

Marks v. Delcastillo

386 So. 2d 1259

District Court of Appeal of Florida | Filed: Aug 5, 1980 | Docket: 477481

Cited 28 times | Published

net accumulations." Under the clear terms of Section 768.21(6)(a), Florida Statutes (1977), however, such

Variety Children's Hosp., Inc. v. Perkins

382 So. 2d 331, 1980 Fla. App. LEXIS 16398

District Court of Appeal of Florida | Filed: Feb 5, 1980 | Docket: 2518523

Cited 26 times | Published

wrongful death action against Variety under Section 768.21, Fla. Stat. (1977). The complaint alleged that

Florida Freight Terminals, Inc. v. Cabanas

354 So. 2d 1222

District Court of Appeal of Florida | Filed: Jan 24, 1978 | Docket: 1279729

Cited 26 times | Published

not in conformity with the requirements of Section 768.21 of the Florida Wrongful Death Act. In any future

Dewey Brown, as the Personal Representative of the Estate of Charlie Brown v. United States

838 F.2d 1157, 1988 U.S. App. LEXIS 2498, 1988 WL 9630

Court of Appeals for the Eleventh Circuit | Filed: Mar 1, 1988 | Docket: 490401

Cited 24 times | Published

to the survivor may be considered.” Fla.Stat. § 768.21(1) (1985). Given the difference between the compensable

Sun Trust Bank v. Sun International Hotels, Ltd.

184 F. Supp. 2d 1246, 2001 U.S. Dist. LEXIS 23350, 15 Fla. L. Weekly Fed. D 58

District Court, S.D. Florida | Filed: Dec 10, 2001 | Docket: 2337499

Cited 22 times | Published

Wrongful Death Act. See J.M. Bethell Dec., ¶¶ 68; § 768.21, Fla. Stat. (2001). The only significant difference

FLA. EMERGENCY PHYSICIANS-KANG & ASSOCIATES v. Parker

800 So. 2d 631, 2001 WL 1219484

District Court of Appeal of Florida | Filed: Oct 12, 2001 | Docket: 251959

Cited 22 times | Published

for mental pain and suffering," pursuant to section 768.21(3). No claim was brought for economic damages

Angrand v. Key

657 So. 2d 1146, 1995 WL 373745

Supreme Court of Florida | Filed: Jun 22, 1995 | Docket: 463971

Cited 22 times | Published

Key[1] in order to recover damages pursuant to section 768.21, Florida Statutes (1985), for himself as surviving

Sosa v. Knight-Ridder Newspapers, Inc.

435 So. 2d 821, 1983 Fla. LEXIS 2668

Supreme Court of Florida | Filed: Jul 21, 1983 | Docket: 1328627

Cited 22 times | Published

BOYD and McDONALD, JJ., dissent. NOTES [*] Section 768.21(5) and (6)(b), Florida Statutes (1981).

Dionese v. City of West Palm Beach

500 So. 2d 1347, 55 U.S.L.W. 2479, 12 Fla. L. Weekly 76, 1987 Fla. LEXIS 1408

Supreme Court of Florida | Filed: Jan 22, 1987 | Docket: 2505403

Cited 21 times | Published

contingent upon the survival of minor children, section 768.21(2), (3) and (6)(a)1, Florida Statutes (1985)

Garay v. BRK ELECTRONICS

755 F. Supp. 1010, 1991 U.S. Dist. LEXIS 1594, 1991 WL 16675

District Court, M.D. Florida | Filed: Feb 6, 1991 | Docket: 897291

Cited 18 times | Published

the complaint is brought under Florida Statute § 768.21. The Court has found that Georgia law applies

Harold Ageloff and Carol M. Ageloff, as Personal Representatives of the Estate of Scott Alan Ageloff, Deceased v. Delta Airlines Inc.

860 F.2d 379, 1988 U.S. App. LEXIS 15593, 1988 WL 112877

Court of Appeals for the Eleventh Circuit | Filed: Nov 18, 1988 | Docket: 278409

Cited 18 times | Published

generated had he continued to live. It comes about by § 768.21 of the Florida Wrongful Death Act 1

Florida Convalescent Centers v. Somberg

840 So. 2d 998, 28 Fla. L. Weekly Supp. 122, 2003 Fla. LEXIS 166, 2003 WL 252155

Supreme Court of Florida | Filed: Feb 6, 2003 | Docket: 1748290

Cited 17 times | Published

death shall abate. § 768.20, Fla. Stat. (1997). Section 768.21, Florida Statutes (1997), contains a list of

Cedars of Lebanon Hosp. v. Silva

476 So. 2d 696, 10 Fla. L. Weekly 2102

District Court of Appeal of Florida | Filed: Sep 10, 1985 | Docket: 1681435

Cited 17 times | Published

Canakaris, 382 So.2d 1197 (Fla. 1980). [12] Under Section 768.21(6)(c), Florida Statutes (1983), "evidence of

White v. Clayton

323 So. 2d 573

Supreme Court of Florida | Filed: Oct 22, 1975 | Docket: 1258301

Cited 17 times | Published

wrongful death act is unconstitutional because Section 768.21 precludes two sisters of the decedent from

In Re Guardianship of Schiavo

792 So. 2d 551, 2001 WL 770772

District Court of Appeal of Florida | Filed: Jul 11, 2001 | Docket: 1735492

Cited 16 times | Published

daughter is the victim of a wrongful death. See § 768.21(4), Fla. Stat. (2000). As a result, it is questionable

Lane v. Calhoun-Liberty County Hosp. Ass'n Inc.

846 F. Supp. 1543, 1994 U.S. Dist. LEXIS 7969, 1994 WL 96755

District Court, N.D. Florida | Filed: Mar 11, 1994 | Docket: 1276654

Cited 16 times | Published

"adult" at the time of his death. See Fla.Stat.Ann. § 768.21(4). The Florida Wrongful Death Act, however, permits

Continental Nat. Bank v. Brill

636 So. 2d 782

District Court of Appeal of Florida | Filed: May 24, 1994 | Docket: 17563

Cited 15 times | Published

accordance with the parameters of recovery set by section 768.21. Where the personal representative receives

In Re Standard Jury Instructions in Civil Cases—Report No. 09-01

35 So. 3d 666, 35 Fla. L. Weekly Supp. 149, 2010 Fla. LEXIS 302

Supreme Court of Florida | Filed: Mar 4, 2010 | Docket: 1646266

Cited 14 times | Published

survivors include a spouse or lineal descendant. F.S. 768.21(6)(a) (1985); Vildibill v. Johnson, *786 492

ACandS, Inc. v. Redd

703 So. 2d 492, 1997 WL 758728

District Court of Appeal of Florida | Filed: Dec 10, 1997 | Docket: 1348781

Cited 14 times | Published

mental pain and suffering from the date of injury." § 768.21(2), Fla. Stat. (1995). Further, the Act provides

Bradley v. Sebelius

621 F.3d 1330, 2010 U.S. App. LEXIS 20091, 2010 WL 3769132

Court of Appeals for the Eleventh Circuit | Filed: Sep 29, 2010 | Docket: 1494201

Cited 13 times | Published

suffering from the date of injury. Fla. Stat. § 768.21(3). The FWDA contemplates that damages allowed

Taylor v. Orlando Clinic

555 So. 2d 876, 1989 WL 139521

District Court of Appeal of Florida | Filed: Nov 22, 1989 | Docket: 1396992

Cited 13 times | Published

action is different from the damages provided by section 768.21, Florida Statutes, for a wrongful death. In

Barbara Davis, Cross-Appellants. v. The Hon. John Marsh, Jr., Secretary of the Army, Cross-Appellees

807 F.2d 908, 1987 U.S. App. LEXIS 970

Court of Appeals for the Eleventh Circuit | Filed: Jan 13, 1987 | Docket: 805521

Cited 13 times | Published

(1982), and Florida’s Wrongful Death Act, Fla.Stat. § 768.21 (1985). For the reasons that follow, we vacate

Seaboard Coast Line Railroad Company v. Kubalski

323 So. 2d 32

District Court of Appeal of Florida | Filed: Dec 12, 1975 | Docket: 1257824

Cited 13 times | Published

proven tangible elements of damage. Fla. Stat. § 768.21(1), (3) (1973). There is no merit in the other

Laizure v. Avante at Leesburg, Inc.

109 So. 3d 752, 38 Fla. L. Weekly Supp. 102, 2013 WL 535417, 2013 Fla. LEXIS 249

Supreme Court of Florida | Filed: Feb 14, 2013 | Docket: 60229788

Cited 12 times | Published

damages that may be recovered by the survivors, see § 768.21, Fla. Stat. (2008), and requires that “[t]he amounts

Russell, Inc. v. Trento

445 So. 2d 390

District Court of Appeal of Florida | Filed: Feb 14, 1984 | Docket: 2492580

Cited 12 times | Published

pain and suffering from the date of death. Section 768.21, Florida Statutes (1981). However, the value

Barbara Reider v. Phillip Morris USA, Inc.

793 F.3d 1254, 2015 U.S. App. LEXIS 12144, 2015 WL 4256726

Court of Appeals for the Eleventh Circuit | Filed: Jul 15, 2015 | Docket: 2674001

Cited 11 times | Published

“mental pain and suffering from the date of injury.” § 768.21(2). A After a four-day trial, the jury

In Re Estate of Sterile

902 So. 2d 915, 2005 WL 1307668

District Court of Appeal of Florida | Filed: Jun 3, 2005 | Docket: 1674977

Cited 10 times | Published

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

Heath v. City of Hialeah

560 F. Supp. 840

District Court, S.D. Florida | Filed: Apr 7, 1983 | Docket: 965865

Cited 10 times | Published

Death Act, see § 768.16 et seq. Specifically, § 768.21[1] sets forth the compensable damages awardable

Metropolitan Life Ins. Co. v. McCarson

429 So. 2d 1287

District Court of Appeal of Florida | Filed: Apr 6, 1983 | Docket: 1667560

Cited 10 times | Published

expenses which were not recovered by the survivor. § 768.21(6). The estate may not recover damages for the

Greenfield v. Daniels

51 So. 3d 421, 35 Fla. L. Weekly Supp. 685, 2010 Fla. LEXIS 2012, 2010 WL 4740297

Supreme Court of Florida | Filed: Nov 24, 2010 | Docket: 2406988

Cited 9 times | Published

sections 768.16-768.26, Florida Statutes (2005). Section 768.21(1), Florida Statutes, provides that in a wrongful

FINR v. Marshall

943 So. 2d 976

District Court of Appeal of Florida | Filed: Dec 8, 2006 | Docket: 1526824

Cited 9 times | Published

NORTHCUTT and KELLY, JJ., Concur. NOTES [1] See § 768.21(4), Fla. Stat. (2003) (providing under Wrongful

Achumba v. Neustein

793 So. 2d 1013, 26 Fla. L. Weekly Fed. D 1659

District Court of Appeal of Florida | Filed: Jul 6, 2001 | Docket: 279512

Cited 9 times | Published

asserts that Smoot is a survivor pursuant to section 768.21(1), because she was born "out of wedlock of

Brown v. Seebach

763 F. Supp. 574, 1991 U.S. Dist. LEXIS 5047, 1991 WL 57908

District Court, S.D. Florida | Filed: Apr 12, 1991 | Docket: 1153336

Cited 9 times | Published

of the decedent for lost pleasures. Fla.Stat. § 768.21 controls what damages may be awarded in a wrongful

Wilcox v. Leverock

548 So. 2d 1116, 1989 WL 109505

Supreme Court of Florida | Filed: Sep 21, 1989 | Docket: 1333735

Cited 9 times | Published

or effort of the decedent. Id. at 5. Under section 768.21(6)(a), Florida Statutes (1983), the personal

Adkins v. Seaboard Coast Line RR Co.

351 So. 2d 1088

District Court of Appeal of Florida | Filed: Nov 30, 1977 | Docket: 1671781

Cited 9 times | Published

(i.e., their loss of support and services). Section 768.21, Fla. Stat. (1975). Evidence of domestic discord

Thomas v. HOSP. BD. OF DIRS. OF LEE COUNTY

41 So. 3d 246

District Court of Appeal of Florida | Filed: May 7, 2010 | Docket: 2397342

Cited 8 times | Published

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

Meeks v. Florida Power & Light Co.

816 So. 2d 1125, 2002 WL 440384

District Court of Appeal of Florida | Filed: Mar 22, 2002 | Docket: 1753591

Cited 8 times | Published

recoverable on behalf of Mr. Meeks' minor son under section 768.21(3), Florida Statutes (1997), are measured up

Mizrahi v. North Miami Medical Center, Ltd.

761 So. 2d 1040, 2000 WL 422873

Supreme Court of Florida | Filed: Apr 20, 2000 | Docket: 1300133

Cited 8 times | Published

certified to be of great public importance: DOES SECTION 768.21(8), FLORIDA STATUTES (1995), WHICH IS PART

Safecare Health Corp. v. Rimer

620 So. 2d 161, 18 Fla. L. Weekly Supp. 272, 1993 Fla. LEXIS 745, 1993 WL 142091

Supreme Court of Florida | Filed: May 6, 1993 | Docket: 1722969

Cited 8 times | Published

companionship, lost earnings and other damages. § 768.21, Fla. Stat. (1989). In contrast, a personal injury

ROSEN BY AND THROUGH ROSEN v. Zorzos

449 So. 2d 359

District Court of Appeal of Florida | Filed: Apr 12, 1984 | Docket: 1325783

Cited 8 times | Published

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

Hess v. Hess

758 So. 2d 1203, 2000 WL 628289

District Court of Appeal of Florida | Filed: May 17, 2000 | Docket: 1404148

Cited 7 times | Published

death act be subsumed by the probate code. Section 768.21 specifies those damages recoverable by survivors

GEICO GENERAL INS. CO. v. Arnold

730 So. 2d 782, 1999 WL 157353

District Court of Appeal of Florida | Filed: Mar 24, 1999 | Docket: 1755468

Cited 7 times | Published

under the Florida Wrongful Death Statute, see section 768.21(1), (4), Florida Statute (1995), they have

Magsipoc v. Larsen

639 So. 2d 1038, 1994 WL 324429

District Court of Appeal of Florida | Filed: Jul 8, 1994 | Docket: 1819324

Cited 7 times | Published

also have recovered funeral and burial expenses. § 768.21(4), Fla. Stat. (1991). [2] Rubio v. Rubio, 452

Bassett v. Merlin, Inc.

335 So. 2d 273

Supreme Court of Florida | Filed: May 28, 1976 | Docket: 2551277

Cited 7 times | Published

directly passed on the constitutionality of Section 768.21(6)(a), Florida Statutes. We have jurisdiction

McQueen v. Jersani

909 So. 2d 491, 2005 WL 2043268

District Court of Appeal of Florida | Filed: Aug 26, 2005 | Docket: 1663219

Cited 6 times | Published

by Virginia related to that provided under section 768.21(2), Florida Statutes, namely for Virginia's

OneBeacon Ins. Co. v. DELTA FIRE SPRINKLERS

898 So. 2d 113, 2005 Fla. App. LEXIS 2218, 2005 WL 430346

District Court of Appeal of Florida | Filed: Feb 25, 2005 | Docket: 1448046

Cited 6 times | Published

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

Cruz v. Broward County School Bd.

800 So. 2d 213, 2001 WL 1338330

Supreme Court of Florida | Filed: Nov 1, 2001 | Docket: 1283112

Cited 6 times | Published

suffering from the date of injury. § 768.21(3), Fla. Stat. (1993). Section 768.21(4) of the Act provides that

Wilbur v. Hightower

778 So. 2d 381, 2001 WL 38010

District Court of Appeal of Florida | Filed: Jan 17, 2001 | Docket: 1290504

Cited 6 times | Published

argument made by counsel for an opposing party). Section 768.21(2), which governs recoverable damages in wrongful

MBL Life Assur. Corp. v. Suarez

768 So. 2d 1129, 25 Fla. L. Weekly Fed. D 2010

District Court of Appeal of Florida | Filed: Aug 23, 2000 | Docket: 2452135

Cited 6 times | Published

wrongful death damages to adult children under section 768.21(3), Florida Statutes (1990), the fourth district

Ding v. Jones

667 So. 2d 894, 1996 WL 46704

District Court of Appeal of Florida | Filed: Feb 7, 1996 | Docket: 99777

Cited 6 times | Published

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

Rice v. Brown

645 So. 2d 1020, 1994 WL 551519

District Court of Appeal of Florida | Filed: Oct 12, 1994 | Docket: 1654445

Cited 6 times | Published

minor's services *1022 reduced to present value. § 768.21(1), Fla. Stat. (1983). When a surviving parent

Reshard v. Britt

839 F.2d 1499, 1988 WL 15184

Court of Appeals for the Eleventh Circuit | Filed: Mar 16, 1988 | Docket: 66233008

Cited 6 times | Published

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

Gross Builders, Inc. v. Powell

441 So. 2d 1142

District Court of Appeal of Florida | Filed: Nov 9, 1983 | Docket: 1333465

Cited 6 times | Published

mental pain and suffering from the date of injury. § 768.21(4), Fla. Stat. (1981). The judge then instructed

Bruce v. Byer

423 So. 2d 413

District Court of Appeal of Florida | Filed: Nov 17, 1982 | Docket: 544617

Cited 6 times | Published

under *416 the Florida Wrongful Death Act, section 768.21(6), Florida Statutes (1980), there are three

Henderson v. Ins. Co. of North America

347 So. 2d 690

District Court of Appeal of Florida | Filed: Jun 10, 1977 | Docket: 1687201

Cited 6 times | Published

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

Gwendolyn E. Odom, etc. v. R.J. Reynolds Tobacco Company

254 So. 3d 268

Supreme Court of Florida | Filed: Sep 20, 2018 | Docket: 7943260

Cited 5 times | Published

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

Williams v. Tandem Health Care of Florida

899 So. 2d 369, 2005 WL 700953

District Court of Appeal of Florida | Filed: Mar 29, 2005 | Docket: 1705716

Cited 5 times | Published

punitive damages," and (2) wrongful death under section 768.21, Florida Statutes (2000), permitting awards

University Medical Center v. Zeiler

625 So. 2d 120, 18 Fla. L. Weekly Fed. D 2232

District Court of Appeal of Florida | Filed: Oct 15, 1993 | Docket: 474118

Cited 5 times | Published

of tendered settlement proceeds. See § 768.20; § 768.21(6)(b), (7), Fla. Stat. (1991); Funchess v. Gulf

Grayson v. United States

748 F. Supp. 854, 1990 U.S. Dist. LEXIS 13005, 1990 WL 146760

District Court, S.D. Florida | Filed: Sep 27, 1990 | Docket: 2518528

Cited 5 times | Published

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

Lindsay v. Allstate Ins. Co.

561 So. 2d 427, 1990 WL 62894

District Court of Appeal of Florida | Filed: May 15, 1990 | Docket: 1740339

Cited 5 times | Published

element of damages under the Wrongful Death Act, section 768.21(6)(a), Florida Statutes (1985). There is no

Seaboard Coast Line R. Co. v. Clark

491 So. 2d 1196, 11 Fla. L. Weekly 1563

District Court of Appeal of Florida | Filed: Jul 16, 1986 | Docket: 1722053

Cited 5 times | Published

under the authority of Florida Statutes Annotated § 768.21 (West Supp. 1986). [2] The plaintiffs' proposed

Talan v. Murphy

443 So. 2d 207

District Court of Appeal of Florida | Filed: Dec 13, 1983 | Docket: 1458099

Cited 5 times | Published

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

Singletary v. National RR Passenger Corp.

376 So. 2d 1191

District Court of Appeal of Florida | Filed: Oct 24, 1979 | Docket: 1411703

Cited 5 times | Published

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

Smyer v. Gaines

332 So. 2d 655

District Court of Appeal of Florida | Filed: Jun 3, 1976 | Docket: 1314486

Cited 5 times | Published

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

Seaboard Coast Line Railroad Company v. Hill

270 So. 2d 359

Supreme Court of Florida | Filed: Nov 8, 1972 | Docket: 1688668

Cited 5 times | Published

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

Domino's Pizza v. Wiederhold

248 So. 3d 212

District Court of Appeal of Florida | Filed: May 7, 2018 | Docket: 6773033

Cited 4 times | Published

Sullivan, 509 So. 2d 268, 272 (Fla. 1987). Section 768.21 specifies the types of damages that may be

Kelly v. Georgia-Pacific, LLC

211 So. 3d 340, 2017 WL 697746, 2017 Fla. App. LEXIS 2413

District Court of Appeal of Florida | Filed: Feb 22, 2017 | Docket: 60262589

Cited 4 times | Published

of the decedent’s injury to her or his death. § 768.21(l)-(2), Fla. Stat. (2015). In interpreting a statute

Randall v. Walt Disney World Co.

140 So. 3d 1118, 2014 WL 2781819, 2014 Fla. App. LEXIS 9338

District Court of Appeal of Florida | Filed: Jun 20, 2014 | Docket: 60241372

Cited 4 times | Published

and suffering from the date of injury.” (quoting § 768.21(2), Fla. Stat. (1995))). The third district implicitly

Thomas v. Hospital Board of Directors of Lee County

41 So. 3d 246, 2010 Fla. App. LEXIS 6289

District Court of Appeal of Florida | Filed: May 7, 2010 | Docket: 60295206

Cited 4 times | Published

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

Estate of McCall v. United States

663 F. Supp. 2d 1276, 2009 U.S. Dist. LEXIS 95302, 2009 WL 3163183

District Court, N.D. Florida | Filed: Sep 30, 2009 | Docket: 879550

Cited 4 times | Published

of death reduced to present value. Fla. Stat. § 768.21(1). A minor child of the decedent may also recover

Stewart v. Price

718 So. 2d 205, 1998 WL 422317

District Court of Appeal of Florida | Filed: Jul 29, 1998 | Docket: 1515133

Cited 4 times | Published

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

Mizrahi v. NORTH MIAMI MED. CENTER, LTD.

712 So. 2d 826

District Court of Appeal of Florida | Filed: Jul 8, 1998 | Docket: 1471901

Cited 4 times | Published

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

Snoozy v. US Gypsum Co.

695 So. 2d 767, 1997 WL 194006

District Court of Appeal of Florida | Filed: Apr 23, 1997 | Docket: 1522028

Cited 4 times | Published

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

Nakajima v. United States

965 F.2d 987, 1992 U.S. App. LEXIS 15194

Court of Appeals for the Eleventh Circuit | Filed: Jul 7, 1992 | Docket: 837383

Cited 4 times | Published

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

ORLANDO REG. MED. CTR., INC. v. Estate of Heron

596 So. 2d 1078, 1992 WL 35363

District Court of Appeal of Florida | Filed: Feb 28, 1992 | Docket: 1707298

Cited 4 times | Published

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

Alamo Rent-A-Car, Inc. v. Clay

586 So. 2d 394, 1991 WL 164390

District Court of Appeal of Florida | Filed: Aug 27, 1991 | Docket: 1742579

Cited 4 times | Published

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

Ballard v. American Land Cruisers, Inc.

537 So. 2d 1018, 1988 WL 123808

District Court of Appeal of Florida | Filed: Nov 22, 1988 | Docket: 1522663

Cited 4 times | Published

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

Webster v. Valiant Ins. Co.

512 So. 2d 971, 12 Fla. L. Weekly 1833

District Court of Appeal of Florida | Filed: Jul 30, 1987 | Docket: 1517429

Cited 4 times | Published

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

Reshard v. Britt

819 F.2d 1573, 56 U.S.L.W. 2030

Court of Appeals for the Eleventh Circuit | Filed: Jun 26, 1987 | Docket: 66225645

Cited 4 times | Published

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

STRESSCON INTERN., INC. v. Helms

390 So. 2d 139

District Court of Appeal of Florida | Filed: Nov 12, 1980 | Docket: 1504184

Cited 4 times | Published

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

Capiello v. Goodnight

357 So. 2d 225

District Court of Appeal of Florida | Filed: Mar 31, 1978 | Docket: 453812

Cited 4 times | Published

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

Miller v. Highlands Insurance Company

336 So. 2d 636, 1976 Fla. App. LEXIS 15359

District Court of Appeal of Florida | Filed: Aug 6, 1976 | Docket: 1378768

Cited 4 times | Published

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

Ellington v. United States

404 F. Supp. 1165, 1975 U.S. Dist. LEXIS 14959

District Court, M.D. Florida | Filed: Dec 5, 1975 | Docket: 1952422

Cited 4 times | Published

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

Estrada v. Mercy Hospital, Inc.

121 So. 3d 51, 2013 WL 1442251, 2013 Fla. App. LEXIS 5665

District Court of Appeal of Florida | Filed: Apr 10, 2013 | Docket: 60234441

Cited 3 times | Published

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

R.J. Reynolds Tobacco Co. v. Webb

93 So. 3d 331, 2012 Fla. App. LEXIS 5324, 2012 WL 1150210

District Court of Appeal of Florida | Filed: Apr 9, 2012 | Docket: 60310546

Cited 3 times | Published

mental pain and suffering from the date of injury.” § 768.21(3), Fla. Stat. (1996). Of the thirty-five Engle

Zinn v. United States

835 F. Supp. 2d 1280, 2011 U.S. Dist. LEXIS 137566, 2011 WL 6202890

District Court, S.D. Florida | Filed: Nov 30, 2011 | Docket: 65977910

Cited 3 times | Published

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

Burks v. Beary

713 F. Supp. 2d 1350, 2010 U.S. Dist. LEXIS 42267, 2010 WL 1742086

District Court, M.D. Florida | Filed: Apr 29, 2010 | Docket: 2403356

Cited 3 times | Published

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

Hartford Insurance Co. v. Goff

4 So. 3d 770, 2009 Fla. App. LEXIS 2019, 2009 WL 632931

District Court of Appeal of Florida | Filed: Mar 13, 2009 | Docket: 17564

Cited 3 times | Published

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

Bb v. Pjm

933 So. 2d 57, 2006 WL 1373243

District Court of Appeal of Florida | Filed: May 22, 2006 | Docket: 1712103

Cited 3 times | Published

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

Somberg v. FLA. CONVALESCENT CENTERS, INC.

779 So. 2d 667, 2001 WL 273817

District Court of Appeal of Florida | Filed: Mar 21, 2001 | Docket: 1521042

Cited 3 times | Published

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

Guadalupe v. Peterson

779 So. 2d 494, 2000 WL 1781448

District Court of Appeal of Florida | Filed: Dec 6, 2000 | Docket: 2544887

Cited 3 times | Published

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

Kammer v. Hurley

765 So. 2d 975, 2000 WL 1258285

District Court of Appeal of Florida | Filed: Sep 6, 2000 | Docket: 428900

Cited 3 times | Published

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

King v. Font Corp.

612 So. 2d 662, 1993 WL 10568

District Court of Appeal of Florida | Filed: Jan 20, 1993 | Docket: 1262728

Cited 3 times | Published

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

Roberts v. Holloway

581 So. 2d 619, 1991 WL 92958

District Court of Appeal of Florida | Filed: Jun 5, 1991 | Docket: 2556829

Cited 3 times | Published

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

Hiatt ex rel. Estate of Hiatt v. United States

910 F.2d 737

Court of Appeals for the Eleventh Circuit | Filed: Sep 4, 1990 | Docket: 66255677

Cited 3 times | Published

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

Florida Crushed Stone Co. v. Johnson

546 So. 2d 1102, 14 Fla. L. Weekly 1554, 1989 Fla. App. LEXIS 3656, 1989 WL 69810

District Court of Appeal of Florida | Filed: Jun 29, 1989 | Docket: 1442323

Cited 3 times | Published

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

Gilmere v. City of Atlanta

864 F.2d 734, 1989 WL 1151

Court of Appeals for the Eleventh Circuit | Filed: Jan 30, 1989 | Docket: 66241413

Cited 3 times | Published

6-5-410; Ga.Code §§ 51-4-1 and 51-4-5; Fla.Stat.Ann. § 768.21. . The Alabama wrongful death statute, Ala.Code

Krouse v. Krouse

489 So. 2d 106, 11 Fla. L. Weekly 1121

District Court of Appeal of Florida | Filed: May 13, 1986 | Docket: 545424

Cited 3 times | Published

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

Rahn v. AMP INC.

447 So. 2d 929

District Court of Appeal of Florida | Filed: Mar 6, 1984 | Docket: 1691197

Cited 3 times | Published

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

Tubbs v. Dressler

419 So. 2d 1151

District Court of Appeal of Florida | Filed: Sep 29, 1982 | Docket: 1608632

Cited 3 times | Published

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

Florida Clarklift, Inc. v. Reutimann

323 So. 2d 640

District Court of Appeal of Florida | Filed: Dec 5, 1975 | Docket: 1675191

Cited 3 times | Published

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

Bassett v. Merlin, Inc.

304 So. 2d 543

District Court of Appeal of Florida | Filed: Dec 10, 1974 | Docket: 1437714

Cited 3 times | Published

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

R.J. Reynolds Tobacco Co. v. Diane Schleider, Etc.

273 So. 3d 63

District Court of Appeal of Florida | Filed: Dec 26, 2018 | Docket: 8454709

Cited 2 times | Published

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

Daniels v. Greenfield

15 So. 3d 908, 2009 Fla. App. LEXIS 10724, 2009 WL 2382377

District Court of Appeal of Florida | Filed: Aug 5, 2009 | Docket: 1660767

Cited 2 times | Published

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

Lifemark Hospitals of Florida, Inc. v. Afonso

4 So. 3d 764, 2009 Fla. App. LEXIS 1944, 2009 WL 605342

District Court of Appeal of Florida | Filed: Mar 11, 2009 | Docket: 1666508

Cited 2 times | Published

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

Koile v. State

934 So. 2d 1226, 31 Fla. L. Weekly Supp. 501, 2006 Fla. LEXIS 1479, 2006 WL 1838565

Supreme Court of Florida | Filed: Jul 6, 2006 | Docket: 64845912

Cited 2 times | Published

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

Scott v. Estate of Myers

871 So. 2d 947, 2004 WL 624951

District Court of Appeal of Florida | Filed: Mar 31, 2004 | Docket: 1709436

Cited 2 times | Published

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

Thomas v. Administrative Committee of the Wal-Mart Stores, Inc.

210 F. Supp. 2d 1296, 28 Employee Benefits Cas. (BNA) 1458, 2002 U.S. Dist. LEXIS 10209, 2002 WL 1257861

District Court, M.D. Florida | Filed: Apr 16, 2002 | Docket: 34947

Cited 2 times | Published

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

Wiggins v. Estate of Wright

786 So. 2d 1247, 2001 WL 667741

District Court of Appeal of Florida | Filed: Jun 15, 2001 | Docket: 1681904

Cited 2 times | Published

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

Weinstein v. State

745 So. 2d 1085, 1999 WL 1062232

District Court of Appeal of Florida | Filed: Nov 24, 1999 | Docket: 1689236

Cited 2 times | Published

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

Diaz v. CCHC-Golden Glades, Ltd.

696 So. 2d 1346, 1997 WL 408904

District Court of Appeal of Florida | Filed: Jul 23, 1997 | Docket: 1696153

Cited 2 times | Published

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

Horton v. Channing

698 So. 2d 865, 1997 WL 394892

District Court of Appeal of Florida | Filed: Jul 16, 1997 | Docket: 1524329

Cited 2 times | Published

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

Young v. ST. VINCENT'S MEDICAL CENTER

653 So. 2d 499, 1995 WL 234614

District Court of Appeal of Florida | Filed: Apr 24, 1995 | Docket: 552214

Cited 2 times | Published

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

VETERANS AUTO SALES & LEAS. v. Poole

649 So. 2d 264, 1994 WL 718747

District Court of Appeal of Florida | Filed: Dec 30, 1994 | Docket: 1693895

Cited 2 times | Published

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

Weimer v. Wolf

641 So. 2d 480, 1994 WL 444750

District Court of Appeal of Florida | Filed: Aug 19, 1994 | Docket: 1648592

Cited 2 times | Published

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

Dempsey v. United States

989 F.2d 1134, 1993 U.S. App. LEXIS 9944

Court of Appeals for the Eleventh Circuit | Filed: Apr 30, 1993 | Docket: 842904

Cited 2 times | Published

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

Nakajima Ex Rel. Estate of Nakajima v. United States

759 F. Supp. 1573, 1991 U.S. Dist. LEXIS 3091, 1991 WL 34651

District Court, S.D. Florida | Filed: Mar 12, 1991 | Docket: 1040588

Cited 2 times | Published

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

Johnson v. SCH. BD. OF PALM BEACH CTY.

537 So. 2d 685, 14 Fla. L. Weekly 270, 1989 Fla. App. LEXIS 240, 1989 WL 4376

District Court of Appeal of Florida | Filed: Jan 25, 1989 | Docket: 427263

Cited 2 times | Published

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

Salazar v. Santos (Harry) & Co., Inc.

537 So. 2d 1048, 1989 WL 2022

District Court of Appeal of Florida | Filed: Jan 17, 1989 | Docket: 1522623

Cited 2 times | Published

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

Vildibill v. Johnson

802 F.2d 1347, 1986 U.S. App. LEXIS 32574

Court of Appeals for the Eleventh Circuit | Filed: Oct 23, 1986 | Docket: 804058

Cited 2 times | Published

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

Vildibill v. Johnson

802 F.2d 1347, 1986 U.S. App. LEXIS 32574

Court of Appeals for the Eleventh Circuit | Filed: Oct 23, 1986 | Docket: 804058

Cited 2 times | Published

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

England v. United States

632 F. Supp. 1340, 1986 U.S. Dist. LEXIS 26770

District Court, M.D. Florida | Filed: Apr 14, 1986 | Docket: 2113165

Cited 2 times | Published

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

Sharbaugh v. Beaudry

267 F. Supp. 3d 1326

District Court, N.D. Florida | Filed: Jul 14, 2017 | Docket: 64315301

Cited 1 times | Published

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

Goheagan v. Perkins

197 So. 3d 112, 2016 Fla. App. LEXIS 11106, 2016 WL 3911483

District Court of Appeal of Florida | Filed: Jul 20, 2016 | Docket: 60256167

Cited 1 times | Published

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

Estate of Michelle Evette McCall v. United States

134 So. 3d 894, 39 Fla. L. Weekly Supp. 104, 2014 WL 959180, 2014 Fla. LEXIS 933

Supreme Court of Florida | Filed: Mar 13, 2014 | Docket: 402403

Cited 1 times | Published

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

In re Standard Jury Instructions in Civil Case—Report No. 12-01

130 So. 3d 596, 2013 WL 2349287

Supreme Court of Florida | Filed: May 30, 2013 | Docket: 60237846

Cited 1 times | Published

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

City of Plant City v. Department of Children & Family Services

101 So. 3d 407, 2012 Fla. App. LEXIS 20327, 2012 WL 5935665

District Court of Appeal of Florida | Filed: Nov 28, 2012 | Docket: 60226309

Cited 1 times | Published

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

Perez v. United States

883 F. Supp. 2d 1257, 2012 WL 3265086, 2012 U.S. Dist. LEXIS 110024

District Court, S.D. Florida | Filed: Aug 7, 2012 | Docket: 65984040

Cited 1 times | Published

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

Starling v. R.J. Reynolds Tobacco Co.

845 F. Supp. 2d 1215, 2011 U.S. Dist. LEXIS 151514, 2011 WL 6965854

District Court, M.D. Florida | Filed: Nov 2, 2011 | Docket: 65979342

Cited 1 times | Published

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

Smith v. Beasley

775 F. Supp. 2d 1344, 2011 U.S. Dist. LEXIS 25742, 2011 WL 882951

District Court, M.D. Florida | Filed: Mar 14, 2011 | Docket: 2335573

Cited 1 times | Published

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

Tandem Healthcare, Inc. v. Benjamin

969 So. 2d 519, 2007 WL 4126518

District Court of Appeal of Florida | Filed: Nov 21, 2007 | Docket: 1403683

Cited 1 times | Published

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

Salfi v. COLUMBIA/JFK MEDICAL CENTER LTD.

942 So. 2d 417, 2006 WL 2872627

District Court of Appeal of Florida | Filed: Oct 11, 2006 | Docket: 1737178

Cited 1 times | Published

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

Strafford v. Agency for Health Care Admin.

915 So. 2d 643, 2005 WL 2467615

District Court of Appeal of Florida | Filed: Oct 7, 2005 | Docket: 1690647

Cited 1 times | Published

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

Barlow v. North Okaloosa Medical Center

877 So. 2d 655, 29 Fla. L. Weekly Supp. 64, 2004 Fla. LEXIS 185, 2004 WL 252036

Supreme Court of Florida | Filed: Feb 12, 2004 | Docket: 1684495

Cited 1 times | Published

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

Florida Power & Light Co. v. Goldberg

856 So. 2d 1011, 2002 WL 1021388

District Court of Appeal of Florida | Filed: Oct 1, 2003 | Docket: 1298195

Cited 1 times | Published

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

Florida Power & Light Co. v. Goldberg

856 So. 2d 1011, 2002 WL 1021388

District Court of Appeal of Florida | Filed: Oct 1, 2003 | Docket: 1298195

Cited 1 times | Published

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

Walker v. Bozeman

243 F. Supp. 2d 1298, 2003 WL 291898

District Court, N.D. Florida | Filed: Feb 11, 2003 | Docket: 2285464

Cited 1 times | Published

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

Cunningham v. Florida Department of Children & Families

782 So. 2d 913, 2001 Fla. App. LEXIS 4120, 2001 WL 277032

District Court of Appeal of Florida | Filed: Mar 22, 2001 | Docket: 64804844

Cited 1 times | Published

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

Rivers v. Health Options Connect, Inc.

96 F. Supp. 2d 1370, 2000 U.S. Dist. LEXIS 9283, 2000 WL 534047

District Court, S.D. Florida | Filed: Feb 29, 2000 | Docket: 2293331

Cited 1 times | Published

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

Puig v. Saga Corp.

543 So. 2d 238, 14 Fla. L. Weekly 686, 1989 Fla. App. LEXIS 1292, 1989 WL 21423

District Court of Appeal of Florida | Filed: Mar 14, 1989 | Docket: 64642533

Cited 1 times | Published

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

Vildibill v. Johnson

766 F.2d 463, 1985 U.S. App. LEXIS 20632

Court of Appeals for the Eleventh Circuit | Filed: Jul 22, 1985 | Docket: 281585

Cited 1 times | Published

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

Egan v. Pan American World Airways, Inc.

62 F.R.D. 710, 1974 U.S. Dist. LEXIS 9589

District Court, S.D. Florida | Filed: Mar 11, 1974 | Docket: 66069062

Cited 1 times | Published

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

Jennifer Ripple, Estate of Richard D. Counter v. Bennet Auto Supply

District Court of Appeal of Florida | Filed: Feb 19, 2025 | Docket: 69651320

Published

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

Philip Morris USA Inc., R.J. Reynolds Tobacco Company v. Bryan Rintoul, as Personal Representative of the Estate of Edward Caprio

District Court of Appeal of Florida | Filed: Oct 23, 2024 | Docket: 69301669

Published

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

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

District Court of Appeal of Florida | Filed: Aug 14, 2024 | Docket: 68249803

Published

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

Jennifer Ripple, etc. v. CBS Corporation

Supreme Court of Florida | Filed: May 9, 2024 | Docket: 68514362

Published

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

William Marvin Douberley v. Harold Peerenboom

District Court of Appeal of Florida | Filed: Dec 13, 2023 | Docket: 68084211

Published

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

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

District Court of Appeal of Florida | Filed: Jan 25, 2023 | Docket: 66757247

Published

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

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

Supreme Court of Florida | Filed: Jan 5, 2023 | Docket: 66701383

Published

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

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

District Court of Appeal of Florida | Filed: May 11, 2022 | Docket: 63301697

Published

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

JENNIFER RIPPLE, as Personal Representative of the ESTATE OF RICHARD D. COUNTER v. BENNET AUTO SUPPLY

District Court of Appeal of Florida | Filed: Mar 30, 2022 | Docket: 63198512

Published

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

HEALTHCARE UNDERWRITERS GROUP, INC., AMARNATH VEDERE, M.D. and CARDIOLOGY PARTNERS, P.L. v. DEBORAH SANFORD, as Personal Representative of the ESTATE OF GERALD L. SANFORD

District Court of Appeal of Florida | Filed: Mar 30, 2022 | Docket: 63198516

Published

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

Mary E. Sheffield, etc. v. R.J. Reynolds Tobacco Company

Supreme Court of Florida | Filed: Nov 18, 2021 | Docket: 61531979

Published

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

Laura Goodloe v. Royal Caribbean Cruises, LTD.

Court of Appeals for the Eleventh Circuit | Filed: Jun 21, 2021 | Docket: 60000768

Published

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

Mary Sowers v. R.J. Reynolds Tobacco Company

Court of Appeals for the Eleventh Circuit | Filed: Sep 15, 2020 | Docket: 18439264

Published

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

SANDRA SANTIAGO AND NORMA CACERES, AS PERSONAL REPRESENTATIVES OF THE ESTATE OF RAMONA REYES v. FRANCISCO A. RODRIGUEZ, MD

District Court of Appeal of Florida | Filed: Oct 18, 2019 | Docket: 16350302

Published

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

Harris v. R.J. Reynolds Tobacco Co.

383 F. Supp. 3d 1315

District Court, M.D. Florida | Filed: Apr 15, 2019 | Docket: 64324705

Published

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

PHILIP MORRIS USA INC. v. BERNICE MCCALL

District Court of Appeal of Florida | Filed: Dec 13, 2017 | Docket: 6240860

Published

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

In Re: Standard Jury Instructions in Civil Cases—report No. 17-02

228 So. 3d 531, 2017 WL 4985514

Supreme Court of Florida | Filed: Nov 2, 2017 | Docket: 6184677

Published

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

Estate of Hernandez v. Agency for Health Care Administration

190 So. 3d 139, 2016 Fla. App. LEXIS 2251, 2016 WL 626123

District Court of Appeal of Florida | Filed: Feb 17, 2016 | Docket: 3036706

Published

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

Peklun ex rel. Estate of Peklun v. Tierra Del Mar Condominium Ass'n

119 F. Supp. 3d 1361, 2015 U.S. Dist. LEXIS 101852, 2015 WL 4638602

District Court, S.D. Florida | Filed: Aug 4, 2015 | Docket: 64303286

Published

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

Barbara Reider v. Phillip Morris USA, Inc.

Court of Appeals for the Eleventh Circuit | Filed: Jul 15, 2015 | Docket: 2674618

Published

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

Pitcher v. Waldo

159 So. 3d 422, 2015 Fla. App. LEXIS 4267, 2015 WL 1334341

District Court of Appeal of Florida | Filed: Mar 25, 2015 | Docket: 60246589

Published

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

John Pitcher v. Olga Waldo, individually, and as Personal Representative of the Estate of Christina Pitcher, for and on behalf of the Estate and survivors thereof

District Court of Appeal of Florida | Filed: Mar 25, 2015 | Docket: 2679439

Published

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

Cosman v. Rodriguez

153 So. 3d 371, 2014 Fla. App. LEXIS 20367, 2014 WL 7156334

District Court of Appeal of Florida | Filed: Dec 17, 2014 | Docket: 2616095

Published

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

Smith v. R.J. Reynolds Tobacco Co.

103 So. 3d 955, 2012 Fla. App. LEXIS 21520, 2012 WL 6216756

District Court of Appeal of Florida | Filed: Dec 14, 2012 | Docket: 60227270

Published

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

Copeland v. Buswell

20 So. 3d 867, 2009 Fla. App. LEXIS 10354, 2009 WL 2243701

District Court of Appeal of Florida | Filed: Jul 29, 2009 | Docket: 1640107

Published

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

Koile v. State

935 So. 2d 1226

Supreme Court of Florida | Filed: Jul 6, 2006 | Docket: 1715739

Published

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

B.B. v. P.J.M.

933 So. 2d 57, 2006 Fla. App. LEXIS 8011

District Court of Appeal of Florida | Filed: May 22, 2006 | Docket: 64845699

Published

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

Pierre v. Trelles

902 So. 2d 915, 2005 Fla. App. LEXIS 8270

District Court of Appeal of Florida | Filed: Jun 3, 2005 | Docket: 64838518

Published

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

Graber v. Joseph L. Morse Geriatric Center, Inc.

837 So. 2d 473, 2002 Fla. App. LEXIS 19142, 2002 WL 31870203

District Court of Appeal of Florida | Filed: Dec 26, 2002 | Docket: 64820708

Published

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

Barlow v. North Okaloosa Medical Center

809 So. 2d 71, 2002 Fla. App. LEXIS 1355, 2002 WL 205809

District Court of Appeal of Florida | Filed: Feb 12, 2002 | Docket: 64813019

Published

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

Snyder v. Alamo Rent-A-Car, Inc.

790 So. 2d 1262, 2001 Fla. App. LEXIS 11357, 2001 WL 908537

District Court of Appeal of Florida | Filed: Aug 10, 2001 | Docket: 64807289

Published

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

David v. Brown

774 So. 2d 775, 2000 Fla. App. LEXIS 15947, 2000 WL 1781569

District Court of Appeal of Florida | Filed: Dec 6, 2000 | Docket: 64802746

Published

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

Woods v. Estate of Woods

770 So. 2d 1270, 2000 Fla. App. LEXIS 14901, 2000 WL 1700870

District Court of Appeal of Florida | Filed: Nov 15, 2000 | Docket: 64801629

Published

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

Stewart v. Price

762 So. 2d 475, 25 Fla. L. Weekly Supp. 346, 2000 Fla. LEXIS 820, 2000 WL 551036

Supreme Court of Florida | Filed: May 4, 2000 | Docket: 64798669

Published

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

Mizrahi v. North Miami Medical Center, Ltd.

712 So. 2d 826, 1998 Fla. App. LEXIS 8137, 1998 WL 374956

District Court of Appeal of Florida | Filed: Jul 8, 1998 | Docket: 64781431

Published

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

Franzen v. Mogler

744 So. 2d 1029, 1997 Fla. App. LEXIS 11888, 1997 WL 656303

District Court of Appeal of Florida | Filed: Oct 22, 1997 | Docket: 64792169

Published

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

Stewart v. Price

704 So. 2d 594, 1997 WL 611526

District Court of Appeal of Florida | Filed: Oct 7, 1997 | Docket: 64778343

Published

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

National Railroad Passenger Corp. v. Ahmed

653 So. 2d 1055, 1995 Fla. App. LEXIS 3650, 1995 WL 169991

District Court of Appeal of Florida | Filed: Apr 12, 1995 | Docket: 64755775

Published

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

Nationwide Mutual Fire Insurance v. MacDonald

645 So. 2d 1057, 1994 Fla. App. LEXIS 11130, 1994 WL 637511

District Court of Appeal of Florida | Filed: Nov 16, 1994 | Docket: 64752345

Published

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

Auto-Owners Insurance Co. v. DeJohn

640 So. 2d 158, 1994 Fla. App. LEXIS 7507, 1994 WL 390781

District Court of Appeal of Florida | Filed: Jul 29, 1994 | Docket: 64749905

Published

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

Dempsey ex rel. Dempsey v. United States

989 F.2d 1134

Court of Appeals for the Eleventh Circuit | Filed: Apr 30, 1993 | Docket: 66282363

Published

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

Nakajima v. United States

965 F.2d 987, 1992 WL 135783

Court of Appeals for the Eleventh Circuit | Filed: Jul 7, 1992 | Docket: 66274870

Published

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

Nakajima v. United States

965 F.2d 987, 1992 WL 135783

Court of Appeals for the Eleventh Circuit | Filed: Jul 7, 1992 | Docket: 66274870

Published

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

Mapps v. Wolff

561 So. 2d 397, 1990 Fla. App. LEXIS 3181, 1990 WL 58559

District Court of Appeal of Florida | Filed: May 9, 1990 | Docket: 64650651

Published

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

In re Standard Jury Instructions Civil Cases

522 So. 2d 364, 13 Fla. L. Weekly 221, 1988 Fla. LEXIS 382, 1988 WL 23437

Supreme Court of Florida | Filed: Mar 17, 1988 | Docket: 64633643

Published

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

Innocent v. Central Truck Lines, Inc.

680 F. Supp. 1523, 1988 U.S. Dist. LEXIS 1522, 1988 WL 17104

District Court, S.D. Florida | Filed: Jan 26, 1988 | Docket: 66174895

Published

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

United States Fidelity & Guaranty Co. v. Fitzgerald

521 So. 2d 122, 12 Fla. L. Weekly 2718, 1987 Fla. App. LEXIS 11267, 1987 WL 1946

District Court of Appeal of Florida | Filed: Dec 2, 1987 | Docket: 64633120

Published

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

Wade v. Alamo Rent-A-Car, Inc.

510 So. 2d 642, 12 Fla. L. Weekly 1847, 1987 Fla. App. LEXIS 9501

District Court of Appeal of Florida | Filed: Jul 29, 1987 | Docket: 64628661

Published

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

Vildibill v. Johnson

802 F.2d 1347

Court of Appeals for the Eleventh Circuit | Filed: Oct 23, 1986 | Docket: 66220689

Published

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

Vildibill v. Johnson

766 F.2d 463

Court of Appeals for the Eleventh Circuit | Filed: Jul 22, 1985 | Docket: 66207961

Published

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

Zimmerman v. Cruz

449 So. 2d 996, 1984 Fla. App. LEXIS 13181

District Court of Appeal of Florida | Filed: May 16, 1984 | Docket: 64604581

Published

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

Johnson v. Deangelo

448 So. 2d 581, 1984 Fla. App. LEXIS 12641

District Court of Appeal of Florida | Filed: Apr 12, 1984 | Docket: 64604213

Published

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

Rosen ex rel. Rosen v. Zorzos

449 So. 2d 359, 1984 Fla. App. LEXIS 12640

District Court of Appeal of Florida | Filed: Apr 12, 1984 | Docket: 64604439

Published

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

South Shore Hospital v. Easton

441 So. 2d 161, 1983 Fla. App. LEXIS 24257

District Court of Appeal of Florida | Filed: Nov 15, 1983 | Docket: 64600997

Published

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

Higgins v. Johnson

422 So. 2d 16, 1982 Fla. App. LEXIS 20549

District Court of Appeal of Florida | Filed: Jul 12, 1982 | Docket: 64593371

Published

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

Nowicki v. School Board of Broward County

400 So. 2d 199, 1981 Fla. App. LEXIS 20418

District Court of Appeal of Florida | Filed: Jul 1, 1981 | Docket: 64583459

Published

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

Wojcik v. United Services Automobile Ass'n

347 So. 2d 1051, 1977 Fla. App. LEXIS 15392

District Court of Appeal of Florida | Filed: Apr 7, 1977 | Docket: 64559457

Published

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

Goodnight v. Capiello

340 So. 2d 980

District Court of Appeal of Florida | Filed: Dec 29, 1976 | Docket: 64556418

Published

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

Perez v. American Mutual Liability Insurance

288 So. 2d 541, 1973 Fla. App. LEXIS 6113

District Court of Appeal of Florida | Filed: Dec 12, 1973 | Docket: 64536684

Published

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

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 768 in the context of negligence and personal injury claims and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.