Florida Statute 768.26 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

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F.S. 768.26

768.26 Litigation expenses.—Attorneys’ fees and other expenses of litigation shall be paid by the personal representative and deducted from the awards to the survivors and the estate in proportion to the amounts awarded to them, but expenses incurred for the benefit of a particular survivor or the estate shall be paid from their awards.

History.—s. 1, ch. 72-35.

F.S. 768.26 on Google Scholar

F.S. 768.26 on Casetext

Amendments to 768.26

Arrestable Offenses / Crimes under Fla. Stat. 768.26

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 768.26.

Annotations, Discussions, Cases:

Cases Citing Statute 768.26

Total Results: 20

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

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-14T00:00:00-07:00

Snippet: Wrongful Death Act consists of sections 768.16 to 768.26. And in examining the pertinent sections of the

Jennifer Ripple, etc. v. CBS Corporation

Court: Fla. | Date Filed: 2024-05-09T00:00:00-07:00

Snippet: 1. The Act is codified at sections 768.16-768.26, Florida Statutes (2015). from the date of injury…the decedent to the wrongdoer. Sections 768.16-768.26 are remedial and shall be liberally construed.

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

Court: Fla. Dist. Ct. App. | Date Filed: 2022-03-30T00:53:00-07:00

Snippet: decedent to the wrongdoer. Sections 768.16-768.26 are remedial and shall be liberally construed…the decedent to the wrongdoer. Sections 768.16- 768.26 are remedial and shall be liberally construed.”

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

Court: Fla. | Date Filed: 2021-11-17T23:53:00-08:00

Snippet: the Wrongful Death Act applies. See §§ 768.16-768.26, Fla. Stat. (2020). The Wrongful Death Act establishes

In Re: Standard Jury Instructions in Civil Cases - Report No. 19-04

Court: Fla. | Date Filed: 2020-01-22T23:53:00-08:00

Snippet: survivors under the Wrongful Death Act, F.S. 768.16–768.26. - 88

Domino's Pizza v. Wiederhold

Court: Fla. Dist. Ct. App. | Date Filed: 2018-05-07T00:00:00-07:00

Citation: 248 So. 3d 212

Snippet: decedent to the wrongdoer. Sections 768.16-768.26 are remedial and shall be liberally construed.

Heiston v. Schwartz & Zonas, LLP

Court: Fla. Dist. Ct. App. | Date Filed: 2017-07-07T00:00:00-07:00

Citation: 221 So. 3d 1268, 2017 Fla. App. LEXIS 9695, 2017 WL 2882944

Snippet: to the payment of “Litigation Expenses,” section 768.26 of the Act provides for the payment of the attorney…in the Wagner case, the court held that section 768.26 of the Act applies to instances where a wrongful

Goheagan v. Perkins

Court: Fla. Dist. Ct. App. | Date Filed: 2016-07-20T00:00:00-07:00

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

Snippet: . § 768.21, Fla. Stat. (2014). . §§ 768.16-768.26, Fla. Stat. (2014). No. 4D14-4843 District

Exposito v. Public Health Trust of Miami-Dade County

Court: Fla. Dist. Ct. App. | Date Filed: 2014-06-18T00:00:00-07:00

Citation: 141 So. 3d 663, 2014 WL 2866414, 2014 Fla. App. LEXIS 9233

Snippet: this action.” Specific compliance with section 768.26(6) was not separately alleged, although Ms. Exposito…limitations; that she failed to comply with section 768.26(6) by not filing her notices of claim “within three…doctors could not be personally liable under section 768.26(9); that the lawsuit was barred by section 768.13

Smith v. R.J. Reynolds Tobacco Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2012-12-14T00:00:00-08:00

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

Snippet: the decedent to the wrongdoer. Sections 768.16-768.26 [the Florida Wrongful Death Act] are remedial and

Goheagan v. American Vehicle Insurance Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2012-12-05T00:00:00-08:00

Citation: 107 So. 3d 433, 2012 WL 6027809, 2012 Fla. App. LEXIS 20897

Snippet: survivor under the wrongful death act. §§ 768.16-768.26, Fla. Stat. (2007). . (i) An adjuster shall not

Kadlecik v. Haim

Court: Fla. Dist. Ct. App. | Date Filed: 2012-02-17T00:00:00-08:00

Citation: 79 So. 3d 892, 2012 WL 511389, 2012 Fla. App. LEXIS 2449

Snippet: 894action is contrary to the language of section 768.26, which states: Attorneys’ fees and other expenses…by the opposing party. Cases construing section 768.26, Florida Statutes generally address the question…) (same). As the Catapane court noted, “Section 768.26 provides for payment of counsel selected by the

Wagner, Vaughan, McLaughlin & Brennan, P.A. v. Kennedy Law Group

Court: Fla. | Date Filed: 2011-04-07T00:00:00-07:00

Citation: 64 So. 3d 1187, 36 Fla. L. Weekly Supp. 133, 2011 Fla. LEXIS 780, 2011 WL 1304921

Snippet: Sections 768.16-768.26 are remedial and shall be liberally construed."). Section 768.26 of the Act, …underlying case involves the application of section 768.26, Florida Statutes (2005), the attorney fees provision… settled prior to the filing of a suit, section 768.26, Florida Statutes (2005), did not preclude the …part of wrongful death litigation and that section 768.26 does not limit recoverable fees to those incurred…reasoned that "there is no question that section 768.26 applies to provide for fees incurred even in cases

Greenfield v. Daniels

Court: Fla. | Date Filed: 2010-11-24T00:00:00-08:00

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

Snippet: Act," which is codified in sections 768.16-768.26, Florida Statutes (2005). Section 768.21(1), Florida… the decedent to the wrongdoer. Sections 768.16-768.26 are remedial and shall be liberally construed.

Laizure v. Avante at Leesburg, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2010-10-01T00:00:00-07:00

Citation: 44 So. 3d 1254, 2010 Fla. App. LEXIS 14543, 2010 WL 3808683

Snippet: the Florida Wrongful Death Act, sections 768.16-768.26, Florida Statutes (2009). See Taylor v. Orlando

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

Court: Fla. | Date Filed: 2010-03-04T00:00:00-08:00

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

Snippet: survivors under the Wrongful Death Act, F.S. 768.16-768.26. FORM 3(a). MODEL FORM OF VERDICT FOR BIFURCATED

Daniels v. Greenfield

Court: Fla. Dist. Ct. App. | Date Filed: 2009-08-05T00:00:00-07:00

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

Snippet: Wrongful Death Act is codified in sections 768.16-768.26, Florida Statutes. The purpose of the Wrongful

Wagner, Vaughn, McLaughlin & Brennan, P.A. v. Kennedy Law Group

Court: Fla. Dist. Ct. App. | Date Filed: 2008-07-09T00:00:00-07:00

Citation: 987 So. 2d 741, 2008 Fla. App. LEXIS 10296, 2008 WL 2668801

Snippet: fee provision at issue is set forth in section 768.26, Florida Statutes (2005). It provides: Litigation…for the personal representative because section 768.26 does not provide for fees incurred if the case …that the “Litigation expenses” heading of section 768.26 limits its application to those instances when …Wagner firm’s argument that the title of section 768.26 limits its application to those instances when … part of wrongful death litigation, and section 768.26 does not' limit recoverable fees to those

Garces v. Montano

Court: Fla. Dist. Ct. App. | Date Filed: 2006-12-06T00:00:00-08:00

Citation: 947 So. 2d 499

Snippet: proportion to the amounts awarded to them, under section 768.26, Florida Statutes, as the efforts of the litigation…from which they received the settlement. Section 768.26 unequivocally states that litigation expenses shall…for the benefit of a particular survivor," § 768.26, Fla. Stat., as the liability issues were jointly

Enterprise Leasing Co. v. Sosa

Court: Fla. Dist. Ct. App. | Date Filed: 2005-07-20T00:53:00-07:00

Citation: 907 So. 2d 1239

Snippet: beneficiaries. The Wrongful Death Act, Sections 768.16-768.26, Florida Statutes (2000), contains detailed provisions