Recent legislative developments in Florida have led to significant changes in the state’s wrongful death laws, particularly concerning medical malpractice cases. Historically, Florida’s statutes imposed restrictions that prevented certain family members from seeking non-economic damages, such as pain and suffering, in wrongful death lawsuits. These restrictions applied to adult children over the age of 25 and parents of adult children who were unmarried and without children at the time of death. This provision, often referred to as the “free kill” law, was enacted in the 1990s with the intent to reduce medical malpractice insurance premiums by limiting litigation. This article will explore the recent wrongful death legislation that may affect your case.
Recent Wrongful Death Legislative Actions
House Bill 6017 (HB 6017): In March 2025, the Florida House of Representatives overwhelmingly passed HB 6017, with a vote of 104-6. This bill aims to repeal the existing restrictions that barred certain family members from recovering non-economic damages in medical malpractice wrongful death cases. The legislation seeks to allow parents to sue for the wrongful death of their unmarried, childless adult offspring and permits individuals over 25 to seek such damages for the deaths of their parents.
Senate Bill 734 (SB 734): Concurrently, the Florida Senate introduced SB 734, which mirrors the provisions of HB 6017. In March 2025, the Senate Judiciary Committee approved SB 734, moving it forward in the legislative process. The bill has faced opposition from medical and insurance organizations concerned about potential increases in malpractice insurance premiums and the possibility of a higher volume of lawsuits.
Legal Implications of Wrongful Death Changes
If enacted, these legislative changes would align Florida’s wrongful death statutes with those of many other states, allowing a broader range of family members to seek non-economic damages in medical malpractice cases. Supporters argue that this reform is long overdue, as it acknowledges the profound emotional impact of losing a loved one, regardless of the survivor’s age or marital status. They contend that the previous law unjustly prevented families from holding healthcare providers accountable for negligence.
Opponents, however, express concerns that removing these limitations could lead to increased healthcare costs, including higher malpractice insurance premiums. They warn that such changes might result in healthcare providers facing higher operational costs, which could affect the availability and quality of care, particularly in rural areas.
WUSF
As of March 2025, both HB 6017 and SB 734 have passed key legislative hurdles, with the House and Senate committees approving the bills. The next steps involve further legislative reviews and, ultimately, approval by the full House and Senate. If both chambers pass the bills, they will be sent to the Governor for signature, after which the changes would become law.
These developments mark a significant shift in Florida’s approach to wrongful death claims, particularly in the context of medical malpractice. Families who were previously barred from seeking non-economic damages may soon have the legal right to pursue such claims, reflecting a broader recognition of the emotional toll of losing a loved one due to negligence. It’s important for residents and stakeholders to stay informed about these legislative changes, as they will have wide-ranging implications for the state’s legal and healthcare systems.
The Role of Probinsky & Cole
A personal injury lawyer plays a vital role in a wrongful death case. They represent the deceased’s family and seek justice for their loss. Attorneys investigate the circumstances of the death, gather evidence, and determine liability.
At Probinsky & Cole, we help you and your family navigate complex legal procedures – including filing claims, negotiating settlements, and, if necessary, representing you in court. We work to secure compensation for your family’s emotional distress, lost income, and other damages, ensuring that the legal process is handled efficiently.
If you believe your loved one suffered a wrongful death and you are looking to receive the financial support you deserve, call the experienced personal injury attorneys at Probinsky & Cole today. We pay attention to the recent wrongful death legislation on your behalf.
