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Tampa Personal Injury Lawyer > Video FAQs > Wrongful Death Law > What is a Florida wrongful death case?

What is a Florida wrongful death case?

If someone dies as a result of the negligence of another person or a company or corporation, the proceedings to obtain money on behalf of the survivors would need to be brought under the Florida Wrongful Death Act. That act prescribes how the action is to proceed.

A personal representative needs to be appointed to represent all survivors. The reason this is done is to prevent multiple survivors from bringing independent claims on their own. A personal representative has a fiduciary duty to represent adequately and honestly all survivors.

If money is received in a case, whether by settlement or jury verdict and the survivors cannot agree on how to apportion the funds, a court will decide who gets what based on their relationship to the deceased, support and services they received from the deceased, and other matters.

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