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Who can bring a wrongful death claim?

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The state of Florida has a law called the Wrongful Death Act, which permits claims to be brought by the survivors of a person who has died as a result of a negligent act. A wrongful death case is brought by the personal representative of the deceased’s estate. Frequently, the personal representative is a person who is identified in the will of the person that died. Sometimes there is no will, and in that situation, the personal representative is generally the surviving spouse. If there is no surviving spouse, then the personal representative can be a person who is selected by a majority of the heirs of the estate. Finally, the personal representative could also be the next person in line as the next of kin for the deceased.

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