The 2023 Florida Statutes (including Special Session C)
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. . . . § 768.21, Fla. Stat.; Martin, 314 So. 2d at 770. . . .
. . . ." § 768.21(2), Fla. Stat. (2018) (emphasis added); see also Fla. Std. Jury Instr. (Civ.) 502.2(d). . . . Consistent with section 768.21 and the standard jury instruction, the estate's counsel sought to establish . . .
. . . . § 768.21(1) - (3), Fla. Stat. . . . ." § 768.21(3), Fla. Stat. (2014). . . .
. . . ." § 768.21(3), Fla. Stat. (2014). . . . See § 768.21(3), Fla. Stat. (2014). . . . recover noneconomic damages for the decedent's wrongful death "if there is no surviving spouse." § 768.21 . . . Liggett Grp., Inc. , 945 So.2d 1246 (Fla. 2006). § 768.21(3), Fla. Stat. (2014). . . . companionship, instruction, and guidance and for mental pain and suffering from the date of injury." § 768.21 . . .
. . . Section 768.21 specifies the types of damages that may be awarded to "each survivor" and additional types . . . clearly provide that damages are recoverable from the date of "injury." §§ 768.18(1), 768.21(1) - (2 . . . Wiederhold's behalf pursuant to section 768.21(6), Florida Statutes. . . . Id. § 768.21(6)(b) ; Horton v. . . . Based on the plain wording of section 768.21(6)(b), we conclude the trial court erred in prohibiting . . .
. . . As applicable in this case, section 768.21 provides: (1) Each survivor may recover the value of lost . . .
. . . . § 768.21(2) - (3). . . .
. . . See §§ 768.20 & 768.21, Fla. Sta. (2016). . . .
. . . . § 768.21(2), Fla. Stat. (2007); see also Nissan Motor Co. v. . . .
. . . F.S. 768.21(6)(a) (1985); Vildibill v. Johnson, 492 So.2d 1047 (Fla. 1986). . . . F.S. 768.18 and 768.21 (1990), applicable to causes of action accruing after October 1, 1990, expand . . .
. . . . §'768.21. . . . Stat. § 768.21.”). Sharbaugh has cited nothing to the contrary. Accordingly: 1. . . . Stat. § 768.21, but no survivors are claiming damages in this suit. . . . . Stat. § 768.21.”). . . . . Stat. § 768.21(1), (2), (6). . . . .
. . . . § 768.21(l)-(2), Fla. Stat. (2015). . . . Further, section 768.21, which governs recoverable damages, does not state that a spouse must be married . . . The majority contends that the language of section 768.21(2) implies that the Legislature assumed the . . . Section 768.21(2) states that “[tjhe surviving spouse may also recover for loss of the decedent’s companionship . . . . § 768.21, Fla. Stat. (2015). . . . decedent’s companionship and protection and for mental pain and suffering from the date of injury.” § 768.21 . . . the statute is limited to familial relationships only, and both subsections (1) and (2) of section 768.21 . . . clearly provide that damages are recoverable from the date of “injury.” §§ 768.18(1), 768.21(1)-(2), . . . See § 768.21(3)-(6), Fla. Stat. . . .
. . . recoverable damages for the survivors and the decedent’s estate are distinct and limited by section 768.21 . . . The Estate therefore argued that the Medicaid lien should be reduced to that amount. . § 768.21, Fla. . . .
. . . See ‘§ 768.21, Fla. Stat. (2012); Cont’l Nat’l Bank v. . . . See § 768.21, Fla. Stat.; S. Shore Hosp. v. Easton, 441 So.2d 161, 168 (Fla. 3d DCA 1983). . . .
. . . . § 768.21). . . . Stat. § 768.21). . . . Stat. § 768.21(6). See also Hawn v. Shoreline Towers Phase 1 Condo. . . .
. . . .” § 768.21(2). A After a four-day trial, the jury found Philip Morris comparatively liable for Mr. . . .
. . . See § 768.21, Fla. Stat. (2012); Hartford Ins. Co. v. Goff, 4 So.3d 770, 773 (Fla. 2d DCA 2009). . . .
. . . .” § 768.21(1). . . . .” § 768.21(2). . . . recover for lost parental companionship, instruction, and guidance and for mental pain and suffering-” § 768.21 . . . See § 768.21(3). . . . properly could assert her individual claim for damages as a survivor under the wrongful death law, section 768.21 . . .
. . . . § 768.21; Capone v. Philip Morris USA, Inc., 116 So.3d 363, 375-76 (Fla.2013). . . . . Stat. § 768.21; Martin, 314 So.2d, at 768-69. . . .
. . . (quoting § 768.21(2), Fla. Stat. (1995))). . . .
. . . See § 768.21(8), Fla. Stat. (1999). . . . malpractice crisis and its adverse impact on the accessibility of health care during the passage of section 768.21 . . .
. . . F.S. 768.21(6)(a) (1985); Vildibill v. Johnson, 492 So.2d 1047 (Fla.1986). . . . F.S. 768.18 and 768.21 (1990), applicable to causes of action accruing after October 1, 1990, expand . . .
. . . See § 768.21(1), (6), Fla. Stat. (2012). . . .
. . . The Act also provides for damages that may be recovered by the survivors, see § 768.21, Fla. . . . required to elect either survival damages pursuant to s. 46.021 or wrongful death damages pursuant to s. 768.21 . . . Section 768.21 is part of Florida’s Wrongful Death Act and provides for the damages that may be claimed . . . by the decedent’s estate and statutory heirs. § 768.21, Fla. . . .
. . . See § 768.21. Thus it cannot be said that the claim, in its entirety, is extinguished. . . .
. . . See § 768.21(1), (3), Fla. Stat. (2008). . . .
. . . . § 768.21(3). Funeral expenses also may be awarded. Fla. Stat. § 768.21(5). . . . Stat. § 768.21(3). As an initial matter, the Court must assess the life expectancy of the decedent. . . . .2d 287, 293 (Fla.2003), the court held that “the damages recoverable by a minor child under section 768.21 . . .
. . . .” § 768.21(3), Fla. Stat. (1996). . . .
. . . . § 768.21. . 662 So.2d 999 (Fla.Dist.Ct.App. 4th Dist. 1995). . Appellant's Br. at 15. . . . .
. . . . § 768.21(6), which provides that the decedent’s personal representative may recover the following for . . . Stat. § 768.21(3), Randi Zinn may recover for lost parental companionship, instruction, and guidance. . . .
. . . . § 768.21), that the Florida Supreme Court would allow an Engle Smoker’s personal representative to . . . Stat. § 768.21. . . . Stat. §§ 768.19-768.21. . . . Stat. § 768.21. . . . .
. . . See §§ 400.023, 768.21, Fla. Stat. (2009). We have jurisdiction. See Fla. R. App. . . .
. . . available only prior to the minor’s death, are impermissible prayers for relief pursuant to Section 768.21 . . .
. . . Section 768.21(1), Florida Statutes, provides that in a wrongful death action, “[e]ach survivor may recover . . . decedent’s injury to her or his death, with interest, and the future loss of support and services.” § 768.21 . . . companionship, instruction, and guidance and for mental pain and suffering from the date of the injury.” § 768.21 . . . include: a father or a child's right to recover civil damages under the wrongful death statute, section 768.21 . . .
. . . . § 768.21(3). . . . Stat. § 768.21(3). . . . . Stat. § 768.21(6)(b). (Emphasis added). . . . Stat. § 768.21(5). (Emphasis added). There had been no wrongful death suit filed. . . . Stat. § 768.21(6)(b), the personal representative may recover for the decedent’s estate medical expenses . . .
. . . claims because all of Mildred Thomas’s surviving children were adults who were precluded under section 768.21 . . . partial summary judgment on the medical malpractice claims, the trial court held that pursuant to section 768.21 . . . Neither Section 768.21(8) Nor the Impact Rule Applies to Bar Prayers for Nonpecuniary Damages in Claims . . . First, we acknowledge that section 768.21(8) specifically prohibits adult children from recovering damages . . . Thus, to the extent that the trial court relied upon section 768.21(8) to enter partial final summary . . .
. . . . § 768.21 (“All potential beneficiaries of a recovery for wrongful death, including the decedent’s estate . . . Id. § 768.21(6)(b). A claim for medical and funeral expenses has been made in this case. (See Ex. . . . claims are those types of damages that are recoverable on behalf of an estate as set forth in section 768.21 . . .
. . . F.S. 768.21(6)(a) (1985); Vildibill v. Johnson, 492 So.2d 1047 (Fla.1986). . . . F.S. 768.18 and 768.21 (1990), applicable to causes of action accruing after October 1, 1990, expand . . . F.S. 768.21(6)(a) (1985). . . .
. . . . § 768.21(6)(a)(1)). . . .
. . . . § 768.21(1). . . . Stat. § 768.21(4), as well as economic damages for medical or funeral expenses paid, Fla. . . . . § 768.21(5). . . . Stat. § 768.21(6)(a), (b). . . . Stat. § 768.21(3). See BellSouth Tele., 863 So.2d at 291. . . .
. . . The personal representative sought to recover damages on behalf of Javon under section 768.21, Florida . . .
. . . The recoverable damages in a wrongful death action are specified in section 768.21. . . . Section 768.21 further provides: (7) All awards for the decedent’s estate are subject to the claims of . . . We hold that once the expenses became a charge against the Estate pursuant to section 768.21(6)(b) of . . .
. . . required to elect either survival damages pursuant to s. 46.021 or wrongful death damages pursuant to s. 768.21 . . .
. . . representative of the Estate, Gregory Allen Goff, Sr., filed a third-amended complaint pursuant to section 768.21 . . . awarded to the survivors and to the estate in accordance with the parameters of recovery set by section 768.21 . . . damages by the survivors is distinct and separate from the recovery of damages by an estate under section 768.21 . . . So.2d 947, 948-49 (Fla. 1st DCA 2004) (recognizing that the damages allowed the estate under section 768.21 . . .
. . . (3) and 766.207(7), were not limited to the damages available under the Wrongful Death Act, section 768.21 . . . The Hospital argued that under section 768.21, Afonso’s economic damages were limited to: (1) medical . . .
. . . . §§ 768.20 and 768.21. . . .
. . . See §§ 766.207(7), 768.21(1), Fla. Stat. (2003). . . .
. . . negligence recognized herein is not a claim for medical malpractice, and the provisions of section 768.21 . . .
. . . Ann. § 768.21(6). . . . Ann. § 768.21(4). . . . Ann. § 768.21(6). . . . Ann. § 768.21(2). . . . Ann. § 768.21(4). . . .
. . . See § 768.21(4), Fla. . . .
. . . cause of action under the Wrongful Death Act for the hospital’s medical malpractice because section 768.21 . . . North Miami Medical Center, Ltd., 761 So.2d 1040 (Fla.2000), which held that section 768.21(8) does not . . .
. . . . § 768.21(6), Fla. Stat. (2005). . . . spouse or children, his parents would have been eligible to recover net accumulations under section 768.21 . . .
. . . include: a father or a child's right to recover civil damages under the wrongful death statute, section 768.21 . . .
. . . recoverable damages for the survivors and the decedent’s estate are distinct and limited by section 768.21 . . .
. . . . §§ 768.18, 768.21. . . . See id. § 768.21. . . . Ann. § 768.21(3). . . .
. . . the case reached the jury, the only relief sought by Virginia related to that provided under section 768.21 . . . Damages Under Wrongful Death Act for Loss of Consortium— evidence of life expectancy Section 768.21, . . . Meeks, 863 So.2d 287 (Fla.2003), the supreme court considered the meaning of subsection 768.21(3) which . . . reason to depart from this understanding of the Legislature’s intended measure of damages under section 768.21 . . . that some evidence relevant to joint life expectancies is necessary to a damages claim under section 768.21 . . .
. . . . § 768.21, Fla. Stat. (1999); Martin v. United Sec. . . .
. . . RRA, authorizing the recovery of “actual and punitive damages,” and (2) wrongful death under section 768.21 . . . injuries was Tandem’s professional negligence rather than ordinary negligence, and because section 768.21 . . . Section 768.21(3) identifies the types of noneco-nomic damages recoverable by the adult children if there . . . argues the lower court erred in striking the noneconomic damages returned to the heirs under section 768.21 . . . not distinguish between claims for punitive damages under section 400.023, and those under section 768.21 . . .
. . . litigation and that a punitive damages claim should not have been permitted without compliance with section 768.21 . . .
. . . See § 768.21, Fla. Stat. (1997). . . .
. . . See § 768.21, Fla. Stat. (2001). . . . See § 768.21(5), Fla. Stat. (2001). . . .
. . . See § 768.21(6)(a), Fla. Stat. (2001). Mrs. . . . District’s reliance on the definition of “net accumulations,” found in the Wrongful Death Act, see § 768.21 . . . Section 768.21, Florida Statutes (2002), sets forth the damages recoverable under the Wrongful Death . . . If the decedent’s survivors include a surviving spouse.... § 768.21(6)(a) (emphasis supplied). . . .
. . . Section 768.21(1) gives minor children damages for lost parental support and services. . . . Section 768.21(2) A second parallel provision to section 768.21(3) is section 768.21(2), which grants . . . Section 768.21(F) Section 768.21(4), the final parallel provision to section 768.21(3), gives damages . . . Section 768.21(1) damages are not at issue in this appeal. . . . . Section 768.21(1) gives these damages to "survivors." . . . While I concur in the majority’s determination that a minor child’s recovery of section 768.21(3) damages . . .
. . . The Wrongful Death Act, sections 768.21(5) and (6)(b), Florida Statutes, does not authorize the admission . . .
. . . the survivors, plaintiff sought to recover damages for mental pain and suffering, as authorized by § 768.21 . . . See § 768.21(6)(b), Fla. Stat. (2000). . . .
. . . Section 768.21, Florida Statutes (1997), contains a list of damages that are recoverable in a wrongful . . .
. . . . § 768.21, Fla. Stat. (1999). . . . the original complaint, the plaintiffs itemized damages are nearly verbatim of those found in section 768.21 . . . in section 400.23, Florida Statutes (1999), and sought statutorily authorized damages under section 768.21 . . .
. . . Under Florida Statutes § 768.21(J) and (4), parents of a deceased minor child may recover for lost support . . .
. . . See § 768.21(4), Fla. Stat. (1993). . . . See §§ 768.21, .25, Fla. Stat. (1993); see also Dudley, 799 So.2d at 441. . . . (c) Evidence of remarriage of the decedent’s spouse is admissible. § 768.21(6), Fla. Stat. (1993). . . . .” § 768.21(6)(b), Fla. Stat. (1993). But Dr. . . .
. . . Here, Florida Statute section 768.21(6)(b) allows an estate to recover damages for “medical expenses. . . . Thomas argues that section 768.21(6)(b) of the Florida Statutes allows a personal representative to recover . . .
. . . required to elect either survival damages pursuant to s. 46.021 or wrongful death damages pursuant to s. 768.21 . . . required to elect either survival damages pursuant to s. 46.021 or wrongful death damages pursuant to s. 768.21 . . .
. . . Meeks’ minor son under section 768.21(3), Florida Statutes (1997), are measured up to the time the child . . . Damages Under Section 768.21(3) We are presented with the issue whether Florida’s Wrongful Death Act . . . See § 768.21(3), Fla. Stat. (1977). . . . We note that section 768.21(3) allows recovery by adult children — age 25 and over — of lost parental . . . (3), as it did in section 768.21(1). . . .
. . . See § 768.21(6)(a), Fla. Stat. (2001). Mrs. . . .
. . . Bethell Dec., ¶¶ 6—8; § 768.21, Fla. Stat. (2001). . . .
. . . . § 768.21(3), Fla. Stat. (1993). . . . Section 768.21(4) of the Act provides that a parent may recover for loss of filial consortium arising . . . from the wrongful death of a child, including an adult child: 768.21 Damages. — All potential beneficiaries . . . of an adult child may also recover for mental pain and suffering if there are no other survivors. § 768.21 . . .
. . . parental companionship, instruction, and guidance and for mental pain and suffering,” pursuant to section 768.21 . . . Section 768.21(6)(c) provides that “evidence of remarriage of the decedent’s spouse is admissible” in . . .
. . . make changes to the wrongful death statute regarding what is meant by “surviving spouse” in section 768.21 . . . Thus, in this case under the wording of section 768.21(3), the adult children of the husband-father were . . .
. . . See § 768.21(4), Fla. Stat. (2000). . . .
. . . Achumba asserts that Smoot is a survivor pursuant to section 768.21(1), because she was born “out of . . .
. . . See §§ 768.18(1), 768.21, Fla.Stat. (1999); Hess. . . . Section 768.21(1) provides, "Each survivor may recover and section 768.21(2) provides that "[t]he surviving . . .
. . . that claims for damages which are properly recoverable by the personal representative under section 768.21 . . .
. . . . § 768.21, and dropped the wrongful death claim. . . .
. . . Section 768.21(2), which governs recoverable damages in wrongful death negligence actions, provides that . . . See § 768.21(2), Fla. Stat. (1999). . . . .
. . . Section 768.21(4) states that each parent of a deceased minor child may recover for mental pain and suffering . . .
. . . Under our wrongful death statute, section 768.21, Florida Statutes (1999), the surviving spouse, in addition . . .
. . . See § 768.21(4)Fla. Stat. (1998). . . .
. . . In Ahmed, a case which involved wrongful death damages to adult children under section 768.21(3), Florida . . .
. . . results in death, rather than personal injury, the elements of damages recoverable are limited by section 768.21 . . . Under section 768.21(1) of the Wrongful Death Act, each survivor may recover the value of lost support . . . and services from the date Of the decedent’s injury, and under section 768.21(6), the estate may recover . . .
. . . Section 768.21 specifies those damages recoverable by survivors and by the estate. . . . See §§ 768.18(1), 768.21, Fla. Stat. (1999). . . .
. . . We recently held that the statute in question, section 768.21(8), Florida Statutes (1991), is constitutional . . .
. . . decisions that pass upon the following question certified to be of great public importance: DOES SECTION 768.21 . . . The trial court granted summary judgment for the hospital and physicians, based on section 768.21, Florida . . . Price, 718 So.2d 205 (Fla. 1st DCA 1998), wherein the court rejected the argument that section 768.21 . . . Prior to the enactment of chapter 90-14, Laws of Florida, under section 768.21(3) only minor children . . . In chapter 90-14, the legislature amended section 768.21(3), among other things, to expand the definition . . . See § 768.21(8), Fla. Stat. (1999). . . .
. . . . § 768.21. . . .
. . . . § 768.21, Fla. Stat. (1997). . . .
. . . . §§ 768.18 & 768.21 (West 1997). . . .
. . . policy does not limit their recovery because under the Florida Wrongfid Death Statute, see section 768.21 . . .
. . . amended to include four additional tort claims and a challenge to the constitutionality of section 768.21 . . . section 768.21(8), Florida Statutes (1991), is unconstitutional on its face and as applied. . . . Section 768.21(8) provides that adult children cannot recover damages pursuant to section 768.21(3) “ . . . Prior to the enactment of chapter 90-14, Laws of Florida, under section 768.21(3) only minor children . . . We address the constitutional challenge to section 768.21(8), Florida Statutes (1991), because of the . . . found, it was unnecessary for the trial court to reach the question of the constitutionality of section 768.21 . . .
. . . The trial court granted summary judgment for the hospital and physicians, based on section 768.21, Florida . . . The appellants , contend on appeal that section 768.21(8) is unconstitutional, as violative of the Equal . . . the following question to the Florida Supreme Court as one of great public importance: DOES SECTION 768.21 . . . This distinction is ‘precisely the one upon which the legislature’s classification in section 768.21( . . . The appellants have failed to overcome the presumption of section 768.21(8)’s constitutionality. . . .
. . . .” § 768.21(2), Fla. Stat. (1995). . . . .” § 768.21(1), Fla. Stat. (1995). . . .
. . . .” § 768.21 Fla. Stat. (1995). . . . . § 768.21(l)-(8), Fla. Stat. (1995). . . .
. . . amended to include four additional tort claims and a challenge to the constitutionality of section 768.21 . . . section 768.21(8), Florida Statutes (1991), is unconstitutional on its face and as applied. . . . Section 768.21(8) provides that adult children cannot recover damages pursuant to section 768.21(3) “ . . . Prior to the enactment of chapter 90-14, Laws of Florida, under section 768.21(3) only minor children . . . We address the constitutional challenge to section 768.21(8), Florida Statutes (1991), because of the . . . found, it was unnecessary for the trial court to reach the question of the constitutionality of section 768.21 . . .