The only person who can file a wrongful death claim in Florida is the personal representative of the decedent’s (victim’s) estate estate – as indicated by the Florida Wrongful Death Act. This individual might be explicitly named within their estate plan or will; otherwise, the court will appoint a person to serve in that capacity. The personal representative is the one who actually can file the lawsuit. However, the claim is filed on behalf of the estate and surviving members of the decedent’s family. The representative has to name all survivors who should benefit from a wrongful death settlement or award.