Florida/Georgia Personal Injury & Workers Compensation

...With respect to the wrongful death statute, the Florida Legislature has stated: It is the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer. Sections 768.16-768.26 are remedial and shall be liberally construed. § 768.17, Fla....

...Florida Motor Lines Corp., 150 Fla. 848, 9 So.2d 98 (1942); 77 A.L.R. 1338; Shinners v. Royal Coal and Mining Co., 188 Ill. App. 335 (1914); Dance v. Martelli, 16 Ill. App.2d 122, 147 N.E.2d 385 (1958). As expressed by the Legislature of Florida in Chapter 72-35, Laws of Florida, Section 768.17, the legislative intent in adopting these provisions is, as follows: "It is the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer....

...oppressive damages awards. Similarly, the primary purpose underlying Florida's compensatory damages scheme is "to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer." Fla. Stat. Ann. § 768.17....

...ry claimants are, domiciliaries of Colombia. Although Florida's compensatory damages scheme is apparently more generous than Colombia's, the purpose underlying Florida law is to provide an adequate remedy for its own domiciliaries. Fla. Stat. Ann. § 768.17. Florida thus possesses no interest in compensating domiciliaries of other jurisdictions more richly than they would receive in their own courts....

...uate "the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer"; all of these reasons are the stated purposes of the legislature for enacting the present statute. See Section 768.17, Florida Statutes....

...eficiaries in whose behalf a wrongful death action can be brought. There are two competing policies at work. First, the broad purpose behind both acts is to shift the burden of loss from the decedent’s survivors to the wrongdoer. See Fla.Stat.Ann. § 768.17; Elliott v....

...oppressive damages awards. Similarly, the primary purpose underlying Florida’s compensatory damages scheme is “to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer.” Fla. Stat. Ann. § 768.17....

...the primary claimants are, domiciliaries of Colombia. Although Florida’s compensatory damages scheme is apparently more generous than Colombia’s, the purpose underlying Florida law is to provide an adequate remedy for its own domiciliaries. Fla. Stat. Ann. § 768.17....

...While this statute does not apply in this case because the decedent involved met his death in 1970, it denotes a trend in the law "to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer." F.S., § 768.17, F.S.A....

...[5] Thus, *1003 like the Fifth District, I find a closer examination of the Legislature's intent to be instructive. Wrongful Death Act The Legislature's expressed intent in enacting the Wrongful Death Act was "to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer." § 768.17, Fla....

...278, 149 So. 631, 632 (1933). Although such an origin ordinarily requires strict construction under traditional rules of construction, the legislature has expressly provided that the Act should be liberally construed to effect its remedial purposes. See § 768.17, Fla....

...uries on behalf of Stuttard's minor daughter. [5] The accident which gave rise to the instant wrongful death action occurred on January 8, 1996. Section 768.19 has remained unchanged since its enactment in 1972. See ch. 72-35, § 1, Laws of Fla. [6] Section 768.17, Florida Statutes (2001), provides: Legislative intent.—It is the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer....

...lived his normal life span. Under these circumstances, the estate and the survivors are deprived of the income on these investments. In keeping with the legislative admonition that the Wrongful Death Act is remedial and shall be liberally construed, section 768.17, Florida Statutes (1987), we hold that the investment return on future savings of a decedent is not excluded from net accumulations....

...of Pinecrest, 41 So.3d 180, 185 (Fla.2010). The Legislature has expressly provided in the wrongful death statute that it is “the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer.” § 768.17, Fla. Stat. (2008). Sections 768.16-26, Florida Statutes, known as the “Florida Wrongful Death Act,” are remedial and are to be liberally construed. § 768.17, Fla....

...��Legislative intent,” which provides: “It is the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer. [The Act is] remedial and shall be liberally construed.” § 768.17, Fla....

...Thus, to determine whether an “abated” personal injury action is completely eliminated or merely suspended under section 768.20, it is necessary to look to the legislative intent behind the Act. As previously stated, the express intent of the Act is to shift the losses of survivors to the wrongdoer. Section 768.17 also provides the Act “shall be liberally construed” in aid of accomplishing that intent and further explains that the Act is remedial in nature....

...ended or material supplemental matter to be set forth in an amended or supplemental pleading.” Given that the purpose of the Act is to “shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer,” § 768.17, Fla....

...rd “abate” in section 768.20 that is inconsistent with both the express legislative intent behind the Act and the language specifically included by the Florida Legislature that the Act was to be liberally construed to accomplish that intent. See § 768.17, Fla....

...NOTES [1] Both sides agree that an unborn fetus or child, is a potential heir. Since it is unnecessary to determine when life begins under a Roe v. Wade analysis in order to resolve the issue before us, we will use this neutral term. See Roe v. Wade, 410 U.S. 959, 93 S.Ct. 1409, 35 L.Ed.2d 694 (1973). [2] § 768.17, Fla....

...er was married to another man at the time of conception and birth, it is necessary to consider the expressed legislative intent in enactment of the wrongful death act. The Legislature set forth the intent underlying the Florida Wrongful Death Act in section 768.17, Florida Statutes....

...That provision states: Legislative Intent.—It is the public policy of this state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer. Sections 768.16-768.26 are remedial and shall be liberally construed. § 768.17, Fla. Stat. (2005). Therefore, the intent of the act is to shift the losses of survivors to the wrongdoer. Section 768.17 further mandates that the wrongful death act shall be liberally construed in aid of accomplishing that intent....

...to interpret certain provisions of the Act relating to the right of recovery by minors for the wrongful death of a parent. We must undertake this task mindful of the legislative admonition that the Act is "remedial and shall be liberally construed." § 768.17, Fla....

...is or may be interested adversely to the estate ..., or is enforcing his own debt or claim against the estate .. ., or the necessity arises otherwise, the court may appoint an administrator ad litem ... without bond or notice for that particular proceeding. (emphasis added). Appellant points out section 768.17, Florida Statutes (1989), provides the wrongful death statute "shall be liberally construed." Section 768.20 states in part: The action shall be brought by the decedent's personal representative, who shall recover for the benefit of th...

...ressing the legislative intent: It is the public policy of this state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer. Sections 768.16-768.27 are remedial and shall be liberally construed. § 768.17, Fla....

...ANALYSIS The Florida Wrongful Death Act (the Act), which encompasses sections 768.16 to 768.26 of the Florida Statutes, provides that it is the public policy of the State of Florida to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer. § 768.17, Fla....

...While the general rule is that statutes in derogation of the common law are strictly construed, the general rule of strict construction does not, in Florida, apply to a remedial statute in derogation of the common law." BellSouth Telecomms., Inc. v. Meeks, 863 So.2d 287, 290 (Fla.2003); see also § 768.17, Fla....

...on as the [uninsured motorist] insurer offered its limits of $100,000 and the liability insurer offered its limits of $30,000."). This application of the statute is consistent with the stated legislative intent that the Act be "liberally construed." § 768.17, Fla....

decedent to the wrongdoer." Id. § 768.17. Prior to 1990, the wrongful death statute "only

...nstrued," this court cannot construe the provision so "liberally" as to create a right of action that is not within the intent as shown by the statutory language used or *1051 otherwise reach a result contrary to the clear intent of the legislature. § 768.17, Fla....

...uly irrelevant or so prejudicial as unfairly to affect the the trial and a fair consideration of the evidence which is relevant. However, we cannot conjure up a fictitious set of circumstances for a jury to evaluate and withhold the true facts... ." Section 768.17, Florida Statutes, provides: "It is the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer......

...in light of the legislative purpose and the public policy of Florida to shift the losses resulting from wrongful death away from the survivors and onto the wrongdoer. BellSouth Tele., Inc. v. Meeks, 863 So.2d 287, 290 (Fla. 2003) (citing Fla. Stat. § 768.17)....

...4th DCA) (“[T]he status of a child in respect to its right to sue for the wrongful death of a parent is determined at the time of the death of the parent.”), opinion adopted, 238 So. 2d 101 (Fla. 1970). It also would be contrary to the legislative intent expressed in section 768.17, Florida Statutes (2012), which states, “It is the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer....

...as her prior loss of consortium claim. Finally, the legislature announced that the public policy for the creation of the statute was to “shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer.” § 768.17, Fla....

...nd against public policy. (See 15 A.L.R.3d 992, 994.) Basically the same arguments on both sides of the question have been made by the parties to this appeal. In determining which of the conflicting views to accept we must give appropriate weight to § 768.17, which provides: "It is the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer....

...We hold that these expenses are proper elements of damage for the wrongful death of a viable, unborn child. This is in keeping with the legislative intent of the "Florida Wrongful Death Act" to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer. § 768.17....

...ery is available for most wrongful deaths. See Chs. 81-183, 90-14, Laws of Fla. The legislature has also instructed the courts to liberally construe this act to *664 shift the losses caused by wrongful death from the survivor(s) to the wrongdoer(s). § 768.17, Fla....

...The Wrongful Death Act ("the Act")—codified at sections 768.16.26, Florida Statutes—declares and implements "the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer." § 768.17, Fla....

..."minor," for wrongful death purposes, shall include "dependent unmarried children under 21 years of age, notwithstanding the age of majority." Although appellants recognize that statutes are not to be construed retroactively, they contend that since Section 768.17 provides that provisions of the wrongful death statute are remedial, it follows that the 1977 amendment to Section 768.18(2) may be applied retroactively, citing Village of El Portal v....

...legislature saw no need to deprive the survivors of the decedent from the benefits of the Act, particularly given its legislative intent: "to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer." § 768.17, Fla....

...roceeding. Florida's Wrongful Death Act is codified in sections 768.16-768.26, Florida Statutes. The purpose of the Wrongful Death Act is to "shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer." § 768.17, Fla....

...Somberg, 840 So.2d 998, 1008 (Fla.2003) (stating that purpose of the Act is "to provide recovery to those who need it, specifically the surviving spouse, children, and dependents of the decedent") (citation omitted). The Act is remedial in nature and must be liberally construed. § 768.17, Fla....

...ch action is nowhere reflected in the language of the Act. In making the determination whether an unborn fetus is a person under the Wrongful Death Act, courts must approach the issue with a view to promoting the object of the legislative enactment. Section 768.17, Florida Statutes, entitled "[l]egislative intent," specifically provides: It is the public policy of this state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer....

...Had the child been expelled completely from its mother and then died instantaneously, the action would have gone forward. Since, however, the child died in the midst of delivery, the doctor and hospital were immune from suit under the Wrongful Death Act. This result contradicts the public policy of this state, declared in section 768.17, Florida Statutes, to wit, to shift losses from the survivors to wrongdoers....

...It is thus clear that the paramount purpose of the Florida Wrongful Death Act is to prevent a tortfeasor from evading *1343 liability for his misconduct when such misconduct results in death. Variety Children's Hospital, 445 So.2d at 1012. See also Fla.Stat. § 768.17 (1983) (Florida's Wrongful Death Act is remedial and should be liberally construed)....

...Smokers’ personal representatives to benefit from the Engle findings. “It is the public policy of the state [of Florida] to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer.” Fla. Stat. § 768.17 ....

...The trial court dismissed Appellant’s survivor claim with prejudice, and in so doing, erred. The legislative intent of the Wrongful Death Act (the Act) is to “shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer.” See § 768.17, Fla....

...heme expresses a clear legislative intent to hold wrongdoers liable when their actions result in death and compensates the decedent’s estate as well as living survivors, who otherwise would bear the loss from the decedent’s death. See Fla. Stat, § 768.17; see also Brazier, 293 F.2d at 409 (instructing that both classes of victims- should be regarded)....

...Such a construction for the benefit of the tortfeasor, who has by his negligence caused such support to be removed, would run counter to the apparent legislative intent: It is the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer. Section 768.17, Florida Statutes (1975)....

Case, 321 Mass. 344, 73 N.E.2d 461 (1947). . Section 768.17, Florida Statutes.

...3d at 220-21 (“It is the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer. Sections 768.16-768.26 are remedial and shall be liberally construed.” (citing § 768.17, Fla....

...We need not go further in our interpretation of the term “surviving spouse” in section 768.21(2). However, we note that our conclusion is supported by the surrounding subsections in section 768.21, which have the same grammatical structure; by section 768.17, which shows the Legislature’s intent for the Act “to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer”; and, as explained below, by the rule that claims under the Act accrue upon the decedent’s death. See Sheffield v....

is] remedial and shall be liberally construed.” § 768.17, Fla. Stat. (2019). Hence, the Act is designed

...In fact, what the instant [m]otion [for summary judgment] attempts is exactly what the Wrongful Death Act intended to remedy. The [Fifth District] stated: It also would be contrary to the legislative intent expressed in section 768.17, Florida Statutes (2012), which states, “It is the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer. Sections 768....

...4th DCA) (“[T]he status of a child in respect to its right to sue for the wrongful death of a parent is determined at the time of the death of the parent.”), opinion adopted, 238 So. 2d 101 (Fla. 1970). It also would be contrary to the legislative intent expressed in section 768.17, Florida Statutes (2012), which states, “It is the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer....

...decedent’s injury is barred from recovering damages under section 768.21(2) of the Wrongful Death Act (per Kelly), then the decedent’s surviving adult children may recover damages under section 768.21(3) of the Wrongful Death Act. To rule otherwise would contravene section 768.17, Florida Statutes (2012), providing, “It is the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer.” § 768.17, Fla....

...tanding the death of the person injured . . . . § 768.19.2 The legislature has deemed it "the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer." § 768.17....

...72-35, § 1, Laws of Fla. -4- survivors and estate all damages, as specified in this act, caused by the injury resulting in death." § 768.20. There is tension between section 768.19, which creates the wrongful death right of action, and sections 768.17 and 768.20, which establish the cause of action.3 See Toombs, 833 So....

...2d 118, 119-20 (Fla. 1995). Seemingly, therefore, the wrongful death statute forecloses a deceased child's estate from recovering in a wrongful death action against a deceased parent, despite the apparent legislative intent to the contrary. See § 768.17....

...After enacting this subsection, the legislature believed that every possible survivor had at least one remedy for a wrongful death. The legislature also believed that after this enactment, the policy behind the Wrongful Death Act was thoroughly promoted. In § 768.17, the legislature expressly stated that the Act was designed to shift the loss caused by a wrongful death from the survivors to the wrongdoer. Fla. Stat.Ann. § 768.17 (West 1986)....

...Under these guidelines, § 768.21(6)(a)2 passes constitutional muster. The Florida legislature passed the Wrongful Death Act so that individuals who suffered a loss from a wrongful death would have a remedy. The legislature intended this remedy, as it specifically noted in § 768.17 (West 1986), to shift the loss suffered by a survivor to the wrongdoer....

...Whether the court will require an HLA test is up to the trial court. In any event, Michael must be determined to be the father of this child to the satisfaction of the court. . § 742.011, Fla.Stat. (1989). . § 742.021, Fla.Stat. (1989). . § 742.031, Fla.Stat. (1989). . § 768.17, Fla.Stat....

...to *125 the UM coverage to be made whole for damages inflicted on him/her by the uninsured motorist. The wrongful death statute states it is public policy to shift losses in the event of a wrongful death from decedent’s survivors to the wrongdoer. § 768.17, Fla.Stat....

..., and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued." § 768.19. The Act manifests the state's public policy to shift the loss from the survivors to the wrongdoer; the Act is remedial and must be liberally construed. § 768.17. The wrongdoer is liable for "damages as specified in this act." § 768.19. Survivors may recover "the value of lost support and services." § 768.21(1)....

...is the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer. Sections 768.16-768.26 [the Florida Wrongful Death Act] are remedial and shall be liberally construed.” § 768.17....

...The supreme court has expressed a similar intention regarding the rules of civil procedure: “These rules shall be construed to secure the just, speedy, and inexpensive determination of every action.” Fla. R. Civ. P. 1.010. Applying a liberal construction to the word abate in section 768.20, as we are directed to do by section 768.17, we conclude that stay is a more appropriate synonym than extinguish....

...The relevant Florida rule of law permits certain survivors to recover compensatory and punitive damages for wrongful death. See Fla.Stat. Ann. §§ 768.16-.27 (West 1986). The purpose of this rule is to afford survivors a vehicle through which they can shift the burden of loss from themselves to the wrongdoer. See id. § 768.17 (describing statute’s remedial policy)....

the survivors of the decedent to the wrongdoer.” § 768.17, Fla. Stat. It is clear that the Legislature wished

..."[T]he paramount purpose of the Florida Wrongful Death Act is to prevent a tortfeasor from evading liability for his misconduct when such misconduct results in death." Variety Childrens Hosp. v. Perkins , 445 So. 2d 1010 , 1012 (Fla. 1983) ; see also § 768.17, Fla....

...10 After accounting for comparative fault, Defendants would profit by $ 530,660.00 because their conduct caused Mr. Harris to die of lung cancer. That cannot be so, especially under a statutory scheme whose purpose is remedial and is to be construed liberally. § 768.17, Fla....