{"id":22862,"date":"2023-08-19T14:55:47","date_gmt":"2023-08-19T14:55:47","guid":{"rendered":"https:\/\/probatestars.com\/?p=22862"},"modified":"2023-08-19T14:56:21","modified_gmt":"2023-08-19T14:56:21","slug":"do-you-have-to-be-the-personal-representative-when-you-sue-a-nursing-home-in-florida-on-behalf-of-a-deceased-resident","status":"publish","type":"post","link":"https:\/\/probatestars.com\/do-you-have-to-be-the-personal-representative-when-you-sue-a-nursing-home-in-florida-on-behalf-of-a-deceased-resident\/","title":{"rendered":"Do You Have to Be the Personal Representative When You Sue a Nursing Home in Florida on Behalf of a Deceased Resident?"},"content":{"rendered":"
A commonly litigated issue in Florida is the requirement for all wrongful death cases to be brought in the name of the personal representative of the decedent’s estate.\u00a0 Florida’s wrongful death statute provides as follows:<\/p>\n
768.20\u2003Parties.\u2014The action shall be brought by the decedent\u2019s personal representative, who shall recover for the benefit of the decedent\u2019s 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\u2019s personal representative shall be the defendant if the wrongdoer dies before or pending the action. A defense that would bar or reduce a survivor\u2019s recovery if she or he were the plaintiff may be asserted against the survivor, but shall not affect the recovery of any other survivor.<\/p>\n
The requirement that a wrongful death claim be brought by the personal representative of an estate is strictly enforced in Florida.<\/p>\n
When an injured plaintiff in a personal injury action dies, it is both necessary and proper for the personal representative of the decedent\u2019s estate to be named a party in the pending action so that a survival damages claim, a wrongful death claim, or both, may continue to be pursued against an alleged tortfeasor.<\/p><\/blockquote>\n