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Chapter 768 — Wrongful Death & Negligence

Florida Statute 768.18

“Definitions”

What it means

This section defines terms used in §§ 768.16-768.26. Survivors are the decedent's spouse, children, and parents and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. The term includes a child born out of wedlock of a mother, but not a child born out of wedlock of the father unless the father has recognized a responsibility for the child's support (subsection (1)).

Minor children means children under 25 years of age, notwithstanding the age of majority (subsection (2)). Support includes contributions in kind as well as money (subsection (3)). Services are tasks, usually of a household nature, regularly performed by the decedent that will be a necessary expense to the survivors, determined under the facts of each case (subsection (4)). Net accumulations are the part of the decedent's expected net business or salary income, including pension benefits, that the decedent probably would have retained as savings and left as part of the estate had the decedent lived a normal life expectancy (subsection (5)).

— What it says
  • Survivors are the spouse, children, and parents, plus blood relatives and adoptive brothers and sisters who are partly or wholly dependent on the decedent (§ 768.18(1)).
  • A child born out of wedlock is a survivor of the mother; of the father only if he recognized a responsibility for the child's support (§ 768.18(1)).
  • Minor children means children under 25, notwithstanding the age of majority (§ 768.18(2)).
  • Support includes contributions in kind as well as money (§ 768.18(3)).
  • Net accumulations are the expected savings the decedent probably would have left as part of the estate over a normal life expectancy (§ 768.18(5)).

Text of the statute (2026)

§ 768.18(1)-(2)
(1) “Survivors” means the decedent’s spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. It includes the child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child’s support. (2) “Minor children” means children under 25 years of age, notwithstanding the age of majority.
§ 768.18(4)
(4) “Services” means tasks, usually of a household nature, regularly performed by the decedent that will be a necessary expense to the survivors of the decedent. These services may vary according to the identity of the decedent and survivor and shall be determined under the particular facts of each case.
§ 768.18(5)
(5) “Net accumulations” means the part of the decedent’s expected net business or salary income, including pension benefits, that the decedent probably would have retained as savings and left as part of her or his estate if the decedent had lived her or his normal life expectancy. “Net business or salary income” is the part of the decedent’s probable gross income after taxes, excluding income from investments continuing beyond death, that remains after deducting the decedent’s personal expenses and support of survivors, excluding contributions in kind.

Excerpts are the subsections the summary relies on. Read the full official text of § 768.18.

History. s. 1, ch. 72-35; s. 66, ch. 77-121; s. 40, ch. 77-468; s. 1, ch. 81-183; s. 3, ch. 89-61; s. 1, ch. 90-14; s. 1167, ch. 97-102; s. 107, ch. 2003-1.

— In a Florida probate

How it applies

These definitions decide who can recover and in which category. A child under 25 is a minor child under § 768.18(2), so the damages in § 768.21(3) for lost parental companionship, instruction, and guidance, and for mental pain and suffering, are available to that child. Whether a relative other than a spouse, child, or parent is a survivor depends on dependency on the decedent for support or services. Net accumulations are part of the estate's damages under § 768.21(6)(a). Section 768.21(8) limits certain damages in medical negligence claims.

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 § 768.18(1), the decedent's spouse, children, and parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. “Minor children” means children under 25 years of age (§ 768.18(2)).

Sources

  • Fla. Stat. § 768.18 (2026) (“children under 25 years of age, notwithstanding the age of majority” Definition of minor children.)
  • Fla. Stat. § 768.21 (2026) (“Minor children of the decedent, and all children of the decedent if there is no surviving spouse” Where the definition is applied.)
  • Fla. Stat. § 766.106 (2026) (“arising out of the rendering of, or the failure to render, medical care or services” Definition of medical negligence claims referenced in subsection (8).)

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 § 768.18

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

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