Who can file a wrongful death claim in Florida?

Florida's Wrongful Death Act requires that the action be brought by the personal representative of the decedent's estate. Individual family members do not file separate lawsuits.

One action, multiple beneficiaries. The personal representative brings a single action, and it recovers on behalf of the estate and of each surviving family member who qualifies under the statute. The representative must identify all of them.

Who serves as personal representative. Someone named in the will, or appointed by the court if there's no will. It's frequently a spouse or an adult child, and it can be a person who also has their own claim as a survivor.

Why the structure matters. It prevents multiple competing lawsuits and ensures everyone entitled to recover is accounted for. It also means the case can't move until an estate is opened and a representative appointed — a step that takes time and that families often don't know is required.