Florida ‘Free Kill’ Law Repealed? What Families Need to Know About Wrongful Death Claims in 2025

Florida ‘Free Kill’ Law Repealed? What Families Need to Know About Wrongful Death Claims in 2025

For years, a controversial statute in Florida, often dubbed the “Free Kill” law, has prevented specific family members from seeking justice in medical malpractice wrongful death cases. This law, which has been in effect for over three decades, has faced intense criticism for its perceived unfairness and has finally been repealed in May 2025. According to Florida Politics, House Bill 6017, which repeals the “free kill” law, passed with overwhelming support, securing a 33-4 vote in the Senate and previous approval by an overwhelming majority in the House. Now that the bill awaits Governor Ron DeSantis’s signature to become law, it’s crucial to understand what this repeal means for families and wrongful death claims in Florida.

Understanding Florida’s “Free Kill” Law

Florida Statute 768.21(8), enacted in 1990, created a unique exception in medical malpractice cases. It barred adult children (over 25 years old) and parents of adult children from recovering non-economic damages, such as pain and suffering, in wrongful death cases if the deceased was unmarried and had no minor children. This meant that if a single adult without minor children died due to medical negligence, their parents or adult children could not sue for non-economic damages, effectively shielding healthcare providers from full legal accountability.

This law was initially intended to control rising medical malpractice insurance rates and prevent doctors from leaving the state. However, critics argued that it created an unjust system where certain lives were devalued based on age and family status. As Jacksonville Republican Senator Clay Yarborough stated, “This is a 35-year-old law that needs to be repealed. It’s unjust. It shouldn’t be on the books.”

The Impact of the Repeal

The repeal of the “Free Kill” law marks a significant victory for families affected by medical malpractice in Florida. Once Governor DeSantis signs HB 6017 into law, expected to take effect on July 1, 2025, the following changes will occur:

  • Parents of adult children who die due to medical malpractice will be able to sue for pain and suffering, regardless of their adult child’s marital status or whether they had minor children.
  • Adult children over 25 will be able to sue for pain and suffering when a parent dies due to medical malpractice, regardless of the parent’s marital status.

This repeal aligns Florida’s wrongful death statutes more closely with those of other states, ensuring that a broader range of family members can seek justice for the loss of a loved one due to medical negligence.

What Families Need to Know About Wrongful Death Claims in 2025

With the impending repeal of the “Free Kill” law, families in Florida need to understand their rights and the process of filing a wrongful death claim. Here’s what you should know:

  1. Who Can Bring a Wrongful Death Claim?

    Under Florida Statute 768.21, the personal representative of the deceased person’s estate is responsible for initiating the lawsuit on behalf of the eligible beneficiaries. These beneficiaries typically include:

    • The surviving spouse
    • Children
    • Parents
    • In some cases, other dependent relatives

  2. Elements of a Wrongful Death Claim

    To succeed in a wrongful death claim in Florida, you must generally prove the following elements:

    • Negligence: The responsible party had a duty of care towards the deceased and breached that duty.
    • Causation: The breach of duty directly caused the death of the individual.
    • Damages: The surviving family members suffered damages as a result of the death, such as financial losses and emotional pain.

  3. Damages That Can Be Sought

    In a Florida wrongful death claim, surviving family members can seek damages to address various aspects of their loss, including:

    • Lost wages: Compensation for the income the deceased would have earned had they survived.
    • Lost benefits and services: Reimbursement for the benefits and services the deceased would have provided, such as healthcare coverage, retirement benefits, and household chores.
    • Lost advice, care, counsel, and companionship: Monetary compensation for the guidance, support, advice, and companionship the deceased would have provided.
    • Mental pain and suffering: Compensation for the emotional distress and grief experienced by surviving family members.
    • Medical and funeral expenses: Reimbursement for expenses incurred due to the deceased’s injury or death.

  4. Statute of Limitations

    In Florida, a wrongful death lawsuit must typically be filed within two years of the date of death. However, there are exceptions, such as in cases of medical malpractice. It’s crucial to consult with an attorney to understand the specific time limits that apply to your case, as Florida Statute § 95.11(5)(c) (2025) specifies the medical malpractice statute of limitations.

  5. The Role of a Wrongful Death Attorney

    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.

Concerns and Considerations

While the repeal of the “Free Kill” law is a positive step for many families, some concerns remain. Some lawmakers and healthcare industry representatives have argued that the repeal could lead to higher insurance premiums and potentially exacerbate Florida’s shortage of healthcare providers. Senator Gayle Harrell, for example, expressed concern that the bill without caps on awards would have a “devastating impact” on Florida’s already high medical malpractice insurance premiums and affect healthcare availability.

It’s also important to note that Governor DeSantis has expressed concerns that the repeal could cause insurance premiums to “skyrocket” and has suggested putting limits on monetary awards.

Seeking Legal Advice

If you have lost a loved one due to suspected medical malpractice in Florida, it is crucial to seek legal advice from an experienced attorney. A knowledgeable attorney can review your case, explain your rights, and help you navigate the complex legal process. They can also help you determine the best course of action and ensure that you receive the compensation you deserve.

The impending repeal of Florida’s “Free Kill” law represents a significant step towards justice for families affected by medical malpractice. By understanding your rights and seeking legal guidance, you can ensure that your voice is heard and that you receive the compensation you deserve for your loss.