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).
- 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)
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.
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
Sources
- Fla. Stat. § 768.16 (2026) (“may be cited as the” Short title.)
- Fla. Stat. § 768.20 (2026) (“who shall recover for the benefit of the decedent’s survivors and estate all damages” Action brought by the personal representative.)
- Fla. Stat. § 95.11 (2026) (“(e) An action for wrongful death.” Limitation period.)
Last checked: October 17, 2026
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