Relevant Florida Statutes (2008)

768.20  Parties.--The action shall be brought by the decedent's personal representative, who shall recover for the benefit of the decedent's survivors and estate all damages, as specified in this act, caused by the injury resulting in death. When a personal injury to the decedent results in death, no action for the personal injury shall survive, and any such action pending at the time of death shall abate. The wrongdoer's personal representative shall be the defendant if the wrongdoer dies before or pending the action. A defense that would bar or reduce a survivor's recovery if she or he were the plaintiff may be asserted against the survivor, but shall not affect the recovery of any other survivor.

History.--s. 1, ch. 72-35; s. 1168, ch. 97-102.

This is a portion of the Florida Statutes (2008) as obtained from the Florida Legislature’s website and is intended for general information purposes only. The statutes on this site should not be relied on without reviewing your legal situation with an experienced attorney. The statute applicable in your case may or may not be the version published on this site, and there may be other statues or case law which interpret or apply these statues. Please consult an experienced lawyer before relying on this information.