Florida Statutes
Fla. Stat. § 768.26 (2025)
Litigation expenses.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 17
cases (1 in the last 5 years), 1990–2025 · leading case: Wagner, Vaughan, McLaughlin & Brennan, P.A. v. Kennedy Law Grp., 64 So. 3d 1187 (Fla. 2011).
Wagner, Vaughan, McLaughlin & Brennan, P.A. v. Kennedy Law Grp., 64 So. 3d 1187 (Fla. 2011). “§ 768.26, Fla. Stat. (2005). The Wagner firm argues that the plain language of this section makes it applicable only where a wrongful death suit has been filed, and not where there is a pre-suit settlement.”
Thompson v. Hodson, 825 So. 2d 941 (Fla. 1st DCA 2002). “*951 § 768.26, Fla. Stat. (1993). This statute provides for the "deduction of litigation expenses from awards made to survivors, but there is no provision authorizing recovery of costs against such survivors by a successful defendant.”
Smith v. Rainey, 747 F. Supp. 2d 1327 (M.D. Fla. 2010). “47): These Defendants are sued in Counts I, II, III, IV, V, VI, IX, XIII, XIV, XV, and XVIII Their contention that Plaintiffs have not complied with the notice requirements of Fla. Stat. § 768.26 is likewise rejected.”
Perez v. George & Fulmer, 662 So. 2d 361 (Fla. 3d DCA 1995). “Finding no controlling rule of the Florida Bar, or caselaw, the court awarded the fees on the basis of section 768.26, Florida Statutes (1993). [3] Contrary to the trial court's ruling, we find that there is a Florida Bar rule which directly controls this case.”
Garces v. Montano, 947 So. 2d 499 (Fla. 3d DCA 2006). “" In this case, there were no "expenses incurred for the benefit of a particular survivor," § 768.26, Fla. Stat., as the liability issues were jointly litigated for the mutual benefit of all the survivors.”
Kadlecik v. Haim, 79 So. 3d 892 (Fla. 5th DCA 2012). “As observed by the First District in Thompson : Despite its decades-long existence, the [Wrongful Death] statute has never been cited as authority for recovery of fees from survivors by the opposing party.”
Wiggins v. Est. of Wright, 850 So. 2d 444 (Fla. 2003). “We believe that is the intent of section 768.26, Florida Statutes: 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…”
In Re Est. of Catapane, 759 So. 2d 9 (Fla. 4th DCA 2000). “Section 768.26 provides for payment of counsel selected by the personal representative: Attorney's 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…”
Brown v. Seebach, 763 F. Supp. 574 (S.D. Fla. 1991). “Defendants’ motion to strike attorneys’ fees is covered by Fla.Stat. § 768.26. Attorneys’ fees and costs are deducted from the awards to the survivors and the estate.”
Adams v. Montgomery, Searcy & Denney, Pa, 555 So. 2d 957 (Fla. 4th DCA 1990). “Appellees argued for fees and costs under Section 768.26, Florida Statutes (1987) and the "common fund rule.”
Wiggins v. Est. of Wright, 786 So. 2d 1247 (Fla. 5th DCA 2001). “We believe that is the intent of section 768.26, Florida Statutes: 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…”
Walker v. Bozeman, 243 F. Supp. 2d 1298 (N.D. Fla. 2003). “See § 768.26, Fla. Stat. (2001) ("Attorney’s fees and other expenses of litigation shall he 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…”
— 768.26(6) — 1 case
Exposito v. Pub. Health Trust of Miami-Dade Cnty., 141 So. 3d 663 (Fla. 3d DCA 2014).
— 768.26(9) — 1 case
Exposito v. Pub. Health Trust of Miami-Dade Cnty., 141 So. 3d 663 (Fla. 3d DCA 2014).
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