After a fatal car accident in Miami, only one person can file a wrongful death claim: the personal representative of the deceased person’s estate. Individual family members, even a spouse or a parent, cannot bring their own separate lawsuit under Florida law. When a high-speed crash like the recent overnight collision in Little Havana takes a life, the family’s first questions are usually about who has the right to act and how much time they have.
How Florida’s Wrongful Death Act Decides Who Can File
Florida law puts the wrongful death claim in the hands of the estate’s personal representative, not the grieving relatives directly. The Florida Wrongful Death Act, found at sections 768.16 through 768.26 of the Florida Statutes, controls these cases. Under Florida Statute § 768.20, the personal representative files a single lawsuit on behalf of everyone who lost something because of the death.
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