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Chapter 768 — Wrongful Death & Negligence

Florida Statute 768.18

Definitions

What it means

Five definitions steer every wrongful-death recovery. 'Survivors' means the decedent's spouse, children, parents, and — when partly or wholly dependent on the decedent for support or services — blood relatives and adoptive brothers and sisters. A child born out of wedlock is always the mother's survivor, but the father's only if he recognized a responsibility for support. 'Minor children' means children under 25 years of age, notwithstanding the age of majority. 'Support' includes contributions in kind; 'services' are the household tasks the decedent regularly performed; 'net accumulations' are what the decedent would probably have saved and left as an estate.

— What it says
  • 'Survivors' = spouse, children, parents, plus dependent blood relatives and adoptive brothers and sisters.
  • 'Minor children' means children under 25, notwithstanding the age of majority — a definition unique to this Act.
  • A child born out of wedlock is the mother's survivor automatically; the father's only if he recognized a responsibility for support.
  • 'Net accumulations' = the expected savings the decedent would have left as part of an estate over a normal life expectancy.
  • 'Support' counts contributions in kind as well as money; 'services' are household tasks determined case by case.
— In a real probate

How it plays out

The under-25 rule surprises people more than any other line in the Act. A 23-year-old is an adult everywhere else in Florida law — but is a 'minor child' here, which unlocks damages for lost parental companionship and mental pain and suffering under §768.21(3). We map the survivor list at the start of every wrongful-death probate: who qualifies, which children count as minors, and who was dependent. That map controls both who recovers and what the case is realistically worth.

Where this shows up

Pages on this site where § 768.18 does real work:

Questions people ask

Who counts as a survivor under the Florida Wrongful Death Act?
Under Florida Statute 768.18(1): the decedent's spouse, children, and parents, plus blood relatives and adoptive siblings who were partly or wholly dependent on the decedent for support or services. 'Minor children' means children under 25, regardless of the age of majority.
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 § 768.18
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