Who can sue for wrongful death?
The state of Florida determines that wrongful death claims can be brought only by the personal representative of the deceased person’s estate.
The deceased’s will or estate plan may pre-name a personal representative. If no will or estate plan exists, the personal representative will be appointed by the court. The personal representative may have no actual claim to the proceeds of settlement. For instance, if an attorney is named the personal representative, he/she is in place to oversee the affairs. Only specific surviving family members may recover damages in a Florida wrongful death case:
In the case of a child born to unmarried parents, the child can recover damages in the wrongful death case of his mother. If the child’s father dies, however, damages can only be sought if the father had formally recognized the child as his own and was obligated to contribute to the support of the child.