Florida Statutes

Fla. Stat. § 768.22 (2025)

Form of verdict.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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768.22 Form of verdict.The amounts awarded to each survivor and to the estate shall be stated separately in the verdict.
History.s. 1, ch. 72-35.
Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1977–2024 · leading case: Laizure v. Avante at Leesburg, Inc., 109 So. 3d 752 (Fla. 2013).
Laizure v. Avante at Leesburg, Inc., 109 So. 3d 752 (Fla. 2013). · cites it 2× “” § 768.22, Fla. Stat. (2008). Because this case also involves the Florida Nursing Home Residents’ Rights Act, we briefly discuss that statutory scheme next.”
Marks v. Delcastillo, 386 So. 2d 1259 (Fla. 3d DCA 1980). · cites it 2× “In the separate verdicts required by Section 768.22 Florida Statutes (1977), it awarded damages, as reduced by the 30 percent comparative negligence, of 0,000 to the mother and father — 5,000 to each parent for the death of each child — and a total of 6,500 to the…”
Wiggins v. Est. of Wright, 850 So. 2d 444 (Fla. 2003). · cites it 2× “See § 768.22, Fla. Stat. (1999) (damages for each survivor to be stated separately).”
WG Evergreen Woods SH, LLC v. Fares, 207 So. 3d 993 (Fla. 5th DCA 2016). · cites it 2× “297(1), Florida Statutes (2015), and section 768.22, Florida Statutes (2015). Specifically, Petitioners’ second claim is that Respondent failed to provide any evidence of intentional misconduct or conscious gross negligence.”
Adkins v. Seaboard Coast Line RR Co., 351 So. 2d 1088 (Fla. 2d DCA 1977). · cites it 2× “These charges conflicted with the instruction [as well as Section 768.22, Florida Statutes (1975)] that the jury should separately state the award for each survivor.”
Ding v. Jones, 667 So. 2d 894 (Fla. 2d DCA 1996). “20 which states: "A defense that would bar or reduce a survivor's recovery if he were the plaintiff may *898 be asserted against him, but shall not affect the recovery of any other survivor.”
Wiggins v. Est. of Wright, 786 So. 2d 1247 (Fla. 5th DCA 2001). “" Finally, section 768.22 provides, "The amounts awarded to each survivor and to the estate shall be stated separately.”
Capiello v. Goodnight, 357 So. 2d 225 (Fla. 2d DCA 1978). “20 requires the complaint to be brought for the benefit of the decedent's "survivors" and estate, and Section 768.22 envisions a verdict in separate amounts for each "survivor" and the estate.”
Waters v. Officer Calderon (S.D. Fla. 2024). · cites it 2× “” Fla. Stat. § 768.22 . Clearly, lawful survivors may recover damages for the wrongful death of a decedent.”
Letchworth v. Pannone, 168 So. 3d 288 (Fla. 5th DCA 2015). · cites it 2× “1987), superseded by statute on other grounds, § 768.22, Fla. Stat. (1989), as stated in Henn v.”
David L. Ross v. City of Jacksonville, 274 So. 3d 1180 (Fla. 1st DCA 2019). “Section 768.22(9)(a), a similar provision, grants immunity from liability and suit to individual state officers, agents, and employees acting within the scope of employment if, inter alia, they do not act “in a manner exhibiting wanton and willful disregard of human rights,…”
— 768.22(9)(a) — 1 case
David L. Ross v. City of Jacksonville, 274 So. 3d 1180 (Fla. 1st DCA 2019). “Section 768.22(9)(a), a similar provision, grants immunity from liability and suit to individual state officers, agents, and employees acting within the scope of employment if, inter alia, they do not act “in a manner exhibiting wanton and willful disregard of human rights,…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.

This Florida statute resource is curated by the lawyer who curates this resource, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 768 matters in the context of negligence and personal injury claims and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.