Florida law states that wrongful death lawsuits can only be initiated by the decedent’s personal representative (sometimes referred to as an “executor of the estate”).
After a person dies in an accident or from injuries caused by the negligence of another, a probate court will appoint the personal representative. This person will be responsible for overseeing the administration and distribution of the deceased’s estate, including initiating wrongful death litigation on their behalf.
It’s important to note that, although only the personal representative is allowed to initiate the lawsuit, other “beneficiaries” can be parties to the wrongful death lawsuit, such as the surviving spouse, children, parents, adoptive siblings, or other blood relatives.
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