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Chapter 768 — Wrongful Death & Negligence

Florida Statute 768.16

“Wrongful Death Act”

What it means

This section is the short title. Sections 768.16-768.26 may be cited as the “Florida Wrongful Death Act.”

The rest of the Act covers definitions, including “survivors” and “minor children” (§ 768.18); the action, which is brought by the decedent's personal representative for the benefit of the survivors and the estate (§ 768.20); the damages each class may recover (§ 768.21); a verdict that states the amounts awarded to each survivor and to the estate separately (§ 768.22); court approval of certain settlements (§ 768.25); and litigation expenses deducted from the awards in proportion to the amounts awarded (§ 768.26). The time limit for a wrongful death action is in § 95.11(5)(e).

— What it says
  • Sections 768.16-768.26 are the “Florida Wrongful Death Act” (§ 768.16).
  • Definitions of survivors, minor children, support, services, and net accumulations are in § 768.18 (§ 768.18(1)-(5)).
  • The action is brought by the personal representative for the survivors and the estate (§ 768.20).
  • Damages by class are in § 768.21; the verdict states each survivor's and the estate's award separately (§ 768.22).
  • The limitation period is 2 years, set outside the Act (§ 95.11(5)(e)).

Text of the statute (2026)

§ 768.16
Sections 768.16-768.26 may be cited as the “Florida Wrongful Death Act.”

Excerpts are the subsections the summary relies on. Read the full official text of § 768.16.

History. s. 1, ch. 72-35; s. 105, ch. 2003-1.

— In a Florida probate

How it applies

A wrongful death claim in Florida runs through a personal representative, so one must be appointed before the action can be brought under § 768.20. The Act also directs how the recovery is divided: damages are specified by class of survivor in § 768.21, and awards for the estate are subject to creditors' claims under § 768.21(7). Time limits are outside the Act, in § 95.11.

Where this shows up

Pages on this site where § 768.16 does real work:

Questions people ask

What is the Florida Wrongful Death Act?
It is sections 768.16-768.26 of the Florida Statutes (§ 768.16). The Act provides for an action brought by the decedent's personal representative to recover damages for the benefit of the survivors and the estate (§ 768.20), with damages specified by class (§ 768.21).

Sources

Last checked: October 17, 2026

The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 768.16

Published by the Probate.Help editorial team.How these pages are written and checked.

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