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Some common defenses include: Expiration of the statute of limitations, where the plaintiff has filed their claim beyond the deadline and is now ineligible to recover. Comparative or contributory negligence, where the defendant alleges the decedent's negligence contributed to their death.
Release or covenant not to sue. (1) A release or covenant not to sue as to one tortfeasor for property damage to, personal injury of, or the wrongful death of any person shall not operate to release or discharge the liability of any other tortfeasor who may be liable for the same tort or death.
The Florida Senate 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.
Recoverable Damages under Florida's Wrongful Death Act Section 768.20 of the act states that the personal representative can bring a claim for the benefit of the decedent's estate and for the benefit of the decedent's survivors. Recoverable damages by the estate of the deceased include: Funeral expenses. Medical bills.
Damages in survival claims may include compensation for loss of income, medical bills, and pain and suffering between the accident and the time of death. They vary depending on the duration of the suffering after the accident, the severity of pain, and the variety of symptoms the victim suffered prior to death.
Damages. 768.21 Damages. ?All potential beneficiaries of a recovery for wrongful death, including the decedent's estate, shall be identified in the complaint, and their relationships to the decedent shall be alleged.
Florida law determines who gets the money in a wrongful death lawsuit?generally, it is one or more surviving family members. Recipients may include: A spouse. Children.