Yes. Instead of a personal injury lawsuit, it would be appropriate to file a claim under the Florida Wrongful Death Act. The plaintiff must be the personal representative of the victim’s probate estate. Normally, this will be the person named as executor in the victim’s last will and testament. If the victim did not leave a will, a court will appoint a personal representative, which is usually a close relative.
Proceeds of a wrongful death lawsuit can be substantial. They are divided among the victim’s estate and close relatives. Potential damages include intangible losses by surviving relatives, such as loss of care and companionship.