Not taking new clients until late October 2026Mon–Fri 8a–6p67 FL counties
Florida Bar member · 9 years
probate.helpEST · SARASOTA · FLprobate.helpEST · SARASOTA · FL
Office line · current clients
941 · 352 · 1006
Text usJoin the waitlist
← All statutes
Chapter 768 — Wrongful Death & Negligence

Florida Statute 768.20

“Parties”

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.

— What it says
  • 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)

§ 768.20
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.

— In a Florida probate

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).

Questions people ask

Can family members file their own wrongful death lawsuits in Florida?
Section 768.20 provides that the action is brought by the decedent's personal representative, who recovers for the benefit of the survivors and the estate. All potential beneficiaries are identified in the complaint under § 768.21.

Sources

Last checked: October 17, 2026

The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 768.20

Published by the Probate.Help editorial team.How these pages are written and checked.

Intake paused · reopens late October 2026

You're going to get through this.

Rachel is not accepting new clients until late October 2026. Every guide, calculator, county page, and statute page here stays free. Leave your details and we'll call when intake reopens — or, if your matter can't wait, The Florida Bar Lawyer Referral Service refers you to another Florida attorney taking cases now.

Florida Bar #127500RPPTL SectionSarasota Bar AssociationFL Assoc. Women Lawyers