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Filing a Wrongful Death Claim in Florida

Filing a Wrongful Death Claim in Florida

Yes, the cause of action is wrongful death. In Florida, if a person dies as a result of a defendant’s actions, the deceased person’s estate may have a viable wrongful death lawsuit. Under Florida law, the personal representative of the deceased person’s estate (the “executor”) is the proper person to bring the wrongful death action under Florida Statute Section 768.20.

The proper defendant is typically the wrongdoer. However, if the wrongdoer dies, the proper defendant would likely be the wrongdoer’s personal representative under Florida law.

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