Florida Statutes Title XLV. Torts § 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.


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