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Car accidents, motorcycle accidents, medical malpractice cases usually include the filing of a wrongful death lawsuit against the negligent person. A personal representative is the person authorized to file a lawsuit in a wrongful death case. Sometimes a surviving spouse from a second marriage will file a wrongful death lawsuit and not include the correct beneficiaries. Other times a dispute will exist as to who will serve as the personal representative and thus who will control the decisions and the money from any award of the wrongful death lawsuit. The Florida law regarding the Florida’s Wrongful Death Act is set forth in full detail at 768.16 Wrongful Death Act.--Sections 768.16-768.26 and may be cited as the "Florida Wrongful Death Act."
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