What it means
One sentence: §§768.16–768.26 may be cited as the 'Florida Wrongful Death Act.' The Act it names is the complete framework for a death caused by another's wrong: the definitions, including who counts as a survivor (§768.18); one action brought by the personal representative for everyone (§768.20); damages allocated by survivor class (§768.21); separately stated verdict amounts (§768.22); court approval of contested settlements (§768.25); and litigation expenses shared in proportion to recovery (§768.26).
- §§768.16–768.26 carry the short title 'Florida Wrongful Death Act.'
- The Act's machinery: definitions (§768.18), parties (§768.20), damages (§768.21), verdict form (§768.22), settlements (§768.25), expenses (§768.26).
- Under the Act, the decedent's own personal-injury claim does not survive a fatal injury — the wrongful-death action replaces it (§768.20).
- The 2-year limitation period is outside the Act, in §95.11(5)(e).
How it plays out
Families usually meet the Act inside a probate, because §768.20 hands the lawsuit to the personal representative — no PR, no plaintiff. So the wrongful-death case and the estate administration start together: open the estate, get letters issued, then file within the 2-year window. We keep the two files coordinated to the end, since settlement money flows through the Act's own allocation and approval rules — not through the will.
Where this shows up
Pages on this site where § 768.16 does real work:
Questions people ask
