What it means
The wrongful death action shall be brought by the decedent's personal representative, who recovers for the benefit of the decedent's survivors and estate all damages specified in the Act that were caused by the injury resulting in death.
When a personal injury to the decedent results in death, no action for the personal injury survives, and any such action pending at the time of death abates. If the wrongdoer dies before or while the action is pending, the wrongdoer's personal representative is the defendant.
A defense that would bar or reduce a survivor's recovery if the survivor were the plaintiff may be asserted against that survivor, but it does not affect the recovery of any other survivor.
- The action is brought by the personal representative, who recovers for the survivors and the estate (§ 768.20).
- If a personal injury results in death, the personal injury action abates and does not survive (§ 768.20).
- If the wrongdoer dies before or while the action is pending, the wrongdoer's personal representative is the defendant (§ 768.20).
- A defense good against one survivor does not affect the recovery of any other survivor (§ 768.20).
- All potential beneficiaries, including the estate, must be identified in the complaint (§ 768.21).
Text of the statute (2026)
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.
Excerpts are the subsections the summary relies on. Read the full official text of § 768.20.
History. s. 1, ch. 72-35; s. 1168, ch. 97-102.
How it applies
Because the action must be brought by the personal representative, a wrongful death case cannot start until a personal representative has been appointed. The personal representative sues once for all survivors and the estate, and the recovery is then divided according to § 768.21 and stated separately under § 768.22. A personal injury suit the decedent filed before death abates if the injury resulted in death. The limitation period is 2 years under § 95.11(5)(e).
Where this shows up
Pages on this site where § 768.20 does real work:
Questions people ask
Sources
- Fla. Stat. § 768.20 (2026) (“The action shall be brought by the decedent’s personal representative” Parties.)
- Fla. Stat. § 768.21 (2026) (“All potential beneficiaries of a recovery for wrongful death, including the decedent’s estate, shall be identified in the complaint” Complaint contents.)
- Fla. Stat. § 95.11 (2026) (“(e) An action for wrongful death.” Limitation period.)
Last checked: October 17, 2026
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