After someone dies because of another person’s conduct, the surviving family may need to determine who has the legal right to pursue a wrongful death claim. In Florida, the decedent’s personal representative brings the claim for the survivors and the estate. This role includes finding potential beneficiaries, gathering records and helping present the claim.
The personal representative brings the claim
Under Florida law, the personal representative brings the wrongful death action. The representative seeks damages for the survivors and the estate. The person who files the claim does not receive every type of damages.
Florida law also requires the complaint to list potential beneficiaries and their relationship to the person who died. This helps show who may have a right to recover.
Survivors may receive different damages
Florida law allows different damages based on the survivor and the facts of the death. Under the Wrongful Death Act, a surviving spouse may seek lost support and services, loss of companionship and mental pain and suffering.
Minor children may seek damages for the loss of a parent’s companionship, support and guidance. They may also recover for the psychological suffering caused by the loss. Parents of an adult child and adult children of a deceased parent may recover in specific circumstances defined by Florida law – such as cases involving no surviving spouse or children or certain medical malpractice claims. The Wrongful Death Act sets limits on when these recoveries are available.
The estate may also recover certain amounts through the personal representative. These may include lost earnings and medical or funeral expenses when the law allows them.
What the representative may need to handle
The personal representative may need to help with several parts of the claim, including:
- Identifying potential beneficiaries
- Gathering records about the death
- Documenting financial and other losses
- Sharing information with counsel
- Providing information during settlement or litigation
These steps help show the losses covered by Florida law. They also help keep survivor damages separate from amounts recovered for the estate.
How does the personal representative role differ from receiving damages?
The personal representative brings the claim, but survivors and the estate may benefit from the recovery. The person who files the action may not receive every type of damages allowed by law.
For families navigating a Florida wrongful death claim, understanding who brings the action — and how the law separates survivor damages from estate recovery — can help clarify what to expect as the case moves forward.