Florida’s “Free Kill” Law Repealed: Adult Children Can Now Sue for Pain and Suffering
For decades, a controversial statute known as Florida’s “Free Kill” law has severely restricted the rights of adult children to seek justice for the wrongful death of a parent due to medical malpractice. This unjust law, which essentially devalued the lives of unmarried adults without minor children, is finally coming to an end. With the repeal of this archaic provision, adult children in Florida now have the right to sue for pain and suffering, marking a significant victory for families and accountability in the medical profession.
Understanding Florida’s “Free Kill” Law
The “Free Kill” law, officially a carve-out in Florida Statute 768.21, has been in effect since 1990. It specifically barred adult children over the age of 25, as well as parents of deceased adults, from recovering non-economic damages, such as pain and suffering, in medical malpractice lawsuits if the deceased was unmarried and had no minor children. The original justification for this law was to curb rising medical malpractice insurance premiums and prevent doctors from leaving the state. However, critics argued that it unfairly penalized families and shielded negligent medical providers from accountability.
Cindy Jenkins, whose daughter Taylor died due to alleged medical negligence, described the law as a “dirty little secret” that blocked her path to justice. Countless other families have shared similar stories of being denied the right to seek compensation for the emotional distress and loss of companionship caused by the wrongful death of a loved one.
The Impact of the Repeal
The repeal of Florida’s “Free Kill” law represents a monumental shift in the legal landscape, offering several key benefits:
- Expanded Legal Rights: Adult children and parents of deceased adult children now have the right to pursue non-economic damages in medical malpractice cases, providing them with a legal avenue to seek justice for their pain and suffering.
- Increased Accountability: The repeal holds medical professionals and institutions more accountable for their actions, as they can no longer operate under the assumption that certain lives are worth less than others.
- Fairer Compensation: Families can now receive fair compensation for the emotional and psychological toll of losing a loved one due to medical negligence, helping them cope with grief and rebuild their lives.
Who Can File a Wrongful Death Lawsuit?
Under Florida law, the personal representative of the deceased person’s estate is responsible for initiating a wrongful death lawsuit on behalf of the eligible beneficiaries. These beneficiaries typically include:
- Surviving spouse
- Children (including minor and adult children, now with expanded rights)
- Parents (especially in cases involving deceased minor children or adult children with no surviving spouse or children)
- Other dependent relatives
What Damages Can Be Recovered?
In a Florida wrongful death case, surviving family members may be entitled to various types of damages, including:
- Economic Damages:
- Lost support and services
- Medical expenses
- Funeral expenses
- Lost wages and benefits
- Non-Economic Damages:
- Loss of companionship and protection
- Mental pain and suffering
- Loss of parental companionship, instruction, and guidance (for minor children)
The Road to Repeal: A Timeline of Events
The repeal of Florida’s “Free Kill” law has been a long and arduous process, with numerous attempts to reform the statute over the years. Here’s a brief timeline of key events:
- 1990: The “Free Kill” law is enacted as part of an expansion of Florida’s Wrongful Death Act.
- 2022: Several bills are introduced in the Florida Senate to repeal the law, but they ultimately fail to pass.
- 2023: State Senator Clay Yarborough leads a renewed effort to repeal the law, but the legislation is derailed by an amendment placing caps on pain and suffering damages.
- May 1, 2025: The Florida Legislature votes to repeal the “Free Kill” law, sending the bill to Governor Ron DeSantis for approval.
Concerns and Opposition
Despite the widespread support for the repeal, some concerns have been raised, primarily by the business and insurance communities. They argue that removing the “Free Kill” provision could lead to increased medical malpractice insurance premiums and discourage doctors from practicing in Florida.
Senator Gayle Harrell, for example, argued that repealing the law without damage caps would create “a major problem for the state of Florida” by keeping malpractice insurance rates high. However, others, like former Democratic Senator Jason Pizzo, countered that the repeal would have minimal impact on premiums and that there is no “special category” of insurance for doctors who treat patients without spouses or minor children.
What This Means for You
If you have lost a loved one due to medical malpractice in Florida, and you were previously barred from seeking justice under the “Free Kill” law, now is the time to explore your legal options. The repeal of this unjust provision opens the door for you to pursue compensation for your pain and suffering, hold negligent parties accountable, and seek the closure you deserve.
Navigating the Legal Process
Wrongful death cases can be complex and emotionally challenging. It is crucial to seek the guidance of an experienced personal injury attorney who can:
- Evaluate the merits of your case
- Gather evidence to support your claim
- Navigate the legal process
- Negotiate with insurance companies
- Represent you in court, if necessary
Don’t Wait, Take Action Today
The repeal of Florida’s “Free Kill” law is a significant step towards justice for families affected by medical malpractice. If you believe you have a wrongful death claim, don’t hesitate to contact our firm for a free consultation. We can help you understand your rights, explore your legal options, and fight for the compensation you deserve.