Who has the right and the responsibility to make the claims for a Wrongful Death?
In order to be certain that proper care is given to the rights of each survivor or beneficiary the law provides that a particular category of person has the right and responsibility to make a claim for the loss. In Florida, the statutes require that the Personal Representative of the Estate of the loved one bring any claim and assure that the interests of each survivor and the estate be protected. (FS ยง 768.20) The Personal Representative is frequently a spouse or parent of the deceased. The will of the deceased love one or Florida Statutes dictate who the appropriate personal representative of the estate should be. Even in situations where normally no Estate is needed for probate purposes it is still necessary to open an Estate to make a claim for wrongful death.
