2011 Florida Statutes
TITLE XLV — TORTS
Chapter 768 — NEGLIGENCE
PART I — GENERAL PROVISIONS
768.20 — Parties.
768.20 Parties.—The action shall be brought by the decedent s personal representative, who shall recover for the benefit of the decedent s 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 s personal representative shall be the defendant if the wrongdoer dies before or pending the action. A defense that would bar or reduce a survivor s recovery if she or he were the plaintiff may be asserted against the survivor, but shall not affect the recovery of any other survivor.
History.—s. 1, ch. 72-35; s. 1168, ch. 97-102.
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