What it means
One action, one plaintiff. The wrongful-death suit shall be brought by the decedent's personal representative, who recovers for the benefit of the survivors and the estate — individual survivors do not file competing lawsuits. When a personal injury results in death, the injury claim does not survive; an injury suit pending at death abates and the wrongful-death action takes its place.
If the wrongdoer dies before or during the case, their personal representative becomes the defendant. And a defense that would bar or reduce one survivor's recovery may be asserted against that survivor — but does not affect any other survivor.
- The action is brought by the personal representative, recovering for all survivors and the estate in a single case.
- If the injury causes death, the personal-injury claim abates — the wrongful-death action replaces it.
- If the wrongdoer dies, their personal representative becomes the defendant.
- A defense good against one survivor reduces only that survivor's recovery, not the others'.
How it plays out
This is why wrongful-death cases begin at the probate counter: until letters of administration issue, there is no plaintiff — and the 2-year clock under §95.11(5)(e) runs anyway. The choice of PR matters more than families expect. The PR owes duties to every survivor and to the estate at once, and when interests pull apart — a second spouse and adult children from a first marriage, typically — the PR sits in the middle of the allocation with fiduciary obligations to both sides.
Where this shows up
Pages on this site where § 768.20 does real work:
Questions people ask
