A Death Somebody Caused
Fla. Stat. 768.20 — the personal representative sues for the survivors and the estate
In Florida, when a death is caused by the wrongful act, negligence, default or breach of contract or warranty of any person, and the event would have let the injured person sue had they lived, the person who would have been liable is liable for damages, even though the death was caused under circumstances that are a felony.
One action, by the personal representative. The decedent's personal representative brings the action and recovers for the survivors and the estate. When a personal injury results in death, the injured person's own action for it does not survive.
- Each survivor may recover the value of lost support and services, past and future.
- The surviving spouse may also recover for lost companionship and protection, and for mental pain and suffering from the date of injury.
- Minor children, and all children if there is no surviving spouse, may recover for lost parental companionship, instruction and guidance, and for mental pain and suffering.
- Each parent of a deceased minor child may recover for mental pain and suffering, and a parent of an adult child may if there are no other survivors.
- The estate may recover lost earnings between injury and death, and medical and funeral expenses it paid.
Every beneficiary named. All potential beneficiaries of a recovery, including the estate, are identified in the complaint with their relationships to the decedent.
Two years. An action for wrongful death is brought within two years.
| The question | The statute's answer |
|---|---|
| The questionWho files | The statute's answerThe decedent's personal representative, for the survivors and the estate |
| The questionCan an adult child recover for pain and suffering | The statute's answerOnly if there is no surviving spouse, and not for a claim of medical negligence |
| The questionHow long | The statute's answerTwo years |
Medical negligence rules, an intentional killing's longer time, and how survivors are defined are not all on this page. Whether a particular death gives rise to an action, and who should bring it, are questions for a licensed Florida attorney.
Sources for this section (4)
- Fla. Stat. 768.19 — Right of action
- Fla. Stat. 768.20 — Parties
- Fla. Stat. 768.21 — Damages
- Fla. Stat. 95.11 — Limitations other than for the recovery of real property
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Florida attorney.