Florida Statute 768.22

“Form of verdict”

What it means

The whole section is one sentence: the amounts awarded to each survivor and to the estate shall be stated separately in the verdict.

The Wrongful Death Act treats survivors and the estate differently after the verdict. Awards for the estate are subject to creditors' claims (§ 768.21(7)), litigation expenses are deducted from the awards in proportion to the amounts awarded (§ 768.26), and a settlement that a survivor objects to must be approved by the court as to amount or apportionment (§ 768.25).

Text of the statute (2026)

Excerpts are the subsections the summary relies on. Read the full official text of § 768.22.

History. s. 1, ch. 72-35.

How it applies

The separate amounts in a wrongful death verdict show what each survivor and the estate recovered. That matters after the verdict, because awards for the estate are subject to the claims of creditors under § 768.21(7) and litigation expenses are deducted in proportion to each award under § 768.26. Section 768.25 separately requires court approval of a settlement, as to amount or apportionment, that a survivor objects to or that affects a minor or an incompetent survivor.

Where this shows up

Pages on this site where § 768.22 does real work:

• Pan Am Flight 103

Related sections

Questions people ask

Sources

• Fla. Stat. § 768.22 (2026) (“The amounts awarded to each survivor and to the estate shall be stated separately in the verdict.” Form of verdict.)
• Fla. Stat. § 768.21 (2026) (“All awards for the decedent’s estate are subject to the claims of creditors” Estate awards.)
• Fla. Stat. § 768.26 (2026) (“deducted from the awards to the survivors and the estate in proportion to the amounts awarded to them” Expenses.)

Last checked: October 17, 2026