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Wrongful death in Florida allows the survivors of a person who dies as a result of personal injuries committed by a tortfeasor. Survivors means the decedentss spouse, minor children under the age of 25, parents, and when wholly or partley dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters.
An action for wrongful death must be brought within two years of the death of the decedent. The action can be brought in behalf of the survivors only by the personal representive of the probate estate of the decedent. Therefore before an action can be brought, a probate estate has to be opened with a probate judge. One of the survivors can be the personal representative.