Florida Statutes

Fla. Stat. § 768.21 (2025)

Damages.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 227 cases (19 in the last 5 years), 1972–2026 · leading case: BellSouth Telecomm., Inc. v. Meeks, 863 So. 2d 287 (Fla. 2003).

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BellSouth Telecomm., Inc. v. Meeks, 863 So. 2d 287 (Fla. 2003). · cites it 46× “§ 768.21, Fla. Stat. (2002). The dispute in this case centers on the measure of damages recoverable by a minor child under section 768.”

Est. of Heiser v. Islamic Repub. of Iran, 466 F. Supp. 2d 229 (D.D.C. 2006). · cites it 28× “Fla. Stat. Ann. § 768.21 (6). 30 A personal representative *272 may recover on behalf of minor children the value of lost support and services, the loss of parental companionship, instruction and guidance, and for mental pain and suffering from the date of injury.”

Vildibill v. Johnson, 492 So. 2d 1047 (Fla. 1986). · cites it 17× “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.”

Meeks v. Florida Power & Light Co., 816 So. 2d 1125 (Fla. 5th DCA 2002). · cites it 22× “[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).”

Gwendolyn E. Odom, etc. v. R.J. Reynolds Tobacco Co., 254 So. 3d 268 (Fla. 2018). · cites it 10× “" § 768.21(3), Fla. Stat. (2014). Thus, an adult child twenty-five years or older has a right to claim noneconomic damages under the wrongful death statute only if there is no surviving spouse.”

Sanchez v. Schindler, 651 S.W.2d 249 (Tex. 1983). · cites it 6× “Code Ann. § 3-904(d) (1980); Mass.Ann. Laws ch. 229 § 1 (Michie/Law Co-Op 1982); Mich.”

Bradley v. Sebelius, 621 F.3d 1330 (11th Cir. 2010). · cites it 10× “Fla. Stat. § 768.21 (3). The FWDA contemplates that damages allowed an estate are separate and distinct from damages recoverable by the deceased's survivors.”

Domino's Pizza v. Wiederhold, 248 So. 3d 212 (Fla. 5th DCA 2018). · cites it 8× “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.”

Est. of McCall v. United States, 663 F. Supp. 2d 1276 (N.D. Fla. 2009). · cites it 13× “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.”

Greenfield v. Daniels, 51 So. 3d 421 (Fla. 2010). · cites it 8× “” § 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.”

Thompson v. Hodson, 825 So. 2d 941 (Fla. 1st DCA 2002). · cites it 7× “See §§ 768.21, .25, Fla. Stat. (1993); see also Dudley, 799 So.”

Laizure v. Avante at Leesburg, Inc., 109 So. 3d 752 (Fla. 2013). · cites it 5× “The Act also provides for damages that may be recovered by the survivors, see § 768.21, Fla. Stat. (2008), and requires that “[t]he amounts awarded to each survivor and to the estate shall be stated separately in the verdict.”

Show all 227 citing cases →

— 768.21(1) — 32 cases

BellSouth Telecomm., Inc. v. Meeks, 863 So. 2d 287 (Fla. 2003). “§ 768.21, Fla. Stat. (2002). The dispute in this case centers on the measure of damages recoverable by a minor child under section 768.”

Greenfield v. Daniels, 51 So. 3d 421 (Fla. 2010). “” § 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.”

Vildibill v. Johnson, 492 So. 2d 1047 (Fla. 1986). “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.”

Meeks v. Florida Power & Light Co., 816 So. 2d 1125 (Fla. 5th DCA 2002). “[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).”

ACandS, Inc. v. Redd, 703 So. 2d 492 (Fla. 3d DCA 1997).

— 768.21(2) — 27 cases

Est. of Heiser v. Islamic Repub. of Iran, 466 F. Supp. 2d 229 (D.D.C. 2006). “Fla. Stat. Ann. § 768.21 (6). 30 A personal representative *272 may recover on behalf of minor children the value of lost support and services, the loss of parental companionship, instruction and guidance, and for mental pain and suffering from the date of injury.”

McQueen v. Jersani, 909 So. 2d 491 (Fla. 5th DCA 2005).

Angrand v. Key, 657 So. 2d 1146 (Fla. 1995).

Wilbur v. Hightower, 778 So. 2d 381 (Fla. 4th DCA 2001).

— 768.21(2)(3) — 1 case

Zorzos v. Rosen by & Through Rosen, 467 So. 2d 305 (Fla. 1985).

— 768.21(3) — 33 cases

Gwendolyn E. Odom, etc. v. R.J. Reynolds Tobacco Co., 254 So. 3d 268 (Fla. 2018). “" § 768.21(3), Fla. Stat. (2014). Thus, an adult child twenty-five years or older has a right to claim noneconomic damages under the wrongful death statute only if there is no surviving spouse.”

R.J. Reynolds Tobacco Co. v. Webb, 93 So. 3d 331 (Fla. 1st DCA 2012).

Zorzos v. Rosen by & Through Rosen, 467 So. 2d 305 (Fla. 1985).

— 768.21(4) — 29 cases

In Re Guardianship of Schiavo, 792 So. 2d 551 (Fla. 2d DCA 2001).

Thompson v. Hodson, 825 So. 2d 941 (Fla. 1st DCA 2002). “See §§ 768.21, .25, Fla. Stat. (1993); see also Dudley, 799 So.”

— 768.21(5) — 7 cases

Sosa v. Knight-Ridder Newspapers, Inc., 435 So. 2d 821 (Fla. 1983).

Scott v. Est. of Myers, 871 So. 2d 947 (Fla. 1st DCA 2004).

Kimberly Landis & Alva Nelson v. Hearthmark, LLC, 750 S.E.2d 280 (W. Va. 2013).

Brown v. Seebach, 763 F. Supp. 574 (S.D. Fla. 1991).

Krouse v. Krouse, 489 So. 2d 106 (Fla. 3d DCA 1986).

— 768.21(6) — 18 cases

Koile v. State, 934 So. 2d 1226 (Fla. 2006).

Domino's Pizza v. Wiederhold, 248 So. 3d 212 (Fla. 5th DCA 2018). “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.”

Thompson v. Hodson, 825 So. 2d 941 (Fla. 1st DCA 2002). “See §§ 768.21, .25, Fla. Stat. (1993); see also Dudley, 799 So.”

Cunningham v. Florida Dep't of Child. & Families, 782 So. 2d 913 (Fla. 1st DCA 2001).

St. Mary's Hosp., Inc. v. Phillipe, 769 So. 2d 961 (Fla. 2000).

— 768.21(6)(a) — 22 cases

Henderson v. Ins. Co. of North Am., 347 So. 2d 690 (Fla. 4th DCA 1977).

Marks v. Delcastillo, 386 So. 2d 1259 (Fla. 3d DCA 1980).

Barlow v. North Okaloosa Med. Ctr., 877 So. 2d 655 (Fla. 2004).

Capiello v. Goodnight, 357 So. 2d 225 (Fla. 2d DCA 1978).

— 768.21(6)(a)(l) — 2 cases

Brown v. Seebach, 763 F. Supp. 574 (S.D. Fla. 1991).

Grayson v. United States, 748 F. Supp. 854 (S.D. Fla. 1990).

— 768.21(6)(b) — 15 cases

Thompson v. Hodson, 825 So. 2d 941 (Fla. 1st DCA 2002). “See §§ 768.21, .25, Fla. Stat. (1993); see also Dudley, 799 So.”

Koile v. State, 934 So. 2d 1226 (Fla. 2006).

Thomas v. Admin. Comm. of the Wal-Mart Stores, Inc., 210 F. Supp. 2d 1296 (M.D. Fla. 2002).

Horton v. Channing, 698 So. 2d 865 (Fla. 1st DCA 1997).

— 768.21(6)(c) — 3 cases

Fla. Emergency Physicians-kang & Assocs. v. Parker, 800 So. 2d 631 (Fla. 5th DCA 2001).

Cedars of Lebanon Hosp. v. Silva, 476 So. 2d 696 (Fla. 3d DCA 1985).

Mapps v. Wolff, 561 So. 2d 397 (Fla. 4th DCA 1990).

— 768.21(8) — 15 cases

Stewart v. Price, 718 So. 2d 205 (Fla. 1st DCA 1998).

Est. of Michelle Evette McCall v. United States, 134 So. 3d 894 (Fla. 2014).

Thomas v. Hosp. Bd. of Dirs. of Lee Cnty., 41 So. 3d 246 (Fla. 2d DCA 2010).

Mizrahi v. North Miami Med. Ctr., Ltd., 761 So. 2d 1040 (Fla. 2000).

Thomas v. Hosp. Bd. of Directors of Lee Cnty., 41 So. 3d 246 (Fla. 2d DCA 2010).

— 768.21(l) — 2 cases

Kelly v. Georgia-Pac., LLC, 211 So. 3d 340 (Fla. 4th DCA 2017).

Franzen v. Mogler, 744 So. 2d 1029 (Fla. 4th DCA 1997).

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