Florida’s Wrongful Death Act: State Sen. Yarborough Urges Long-Overdue Reform
Florida’s Wrongful Death Act contains a cruel and outdated provision that bars adult children (over the age of 25) from recovering non-economic damages, such as emotional pain and suffering, when a parent dies due to negligence or misconduct. This arbitrary restriction deprives many grieving families of justice and must be reformed.
State Senator Clay Yarborough is leading a commendable effort to change this unfair law, and his legislative push deserves the support of Floridians who believe in fairness and accountability. Under the current law, if a negligent doctor, reckless driver, or careless property owner causes the wrongful death of a parent, the emotional suffering of an adult child is legally deemed insignificant. This is not only illogical but also deeply unjust.
The Harsh Reality of the Current Law
Under Florida Statutes Section 768.21(8), if a parent dies due to medical malpractice, and their surviving children are over the age of 25, those children cannot recover non-economic damages. This means that if a 26-year-old loses their mother to a doctor’s negligence, they are entitled to nothing for the profound emotional loss they suffer. Meanwhile, if the same mother had a 24-year-old child, that child could recover for emotional suffering. This arbitrary age cutoff has no rational basis in justice.
Beyond medical malpractice cases, the law generally prioritizes surviving spouses for recovery. If there is no surviving spouse, only minor children (under 25) and surviving parents of a deceased child can seek non-economic damages for the loss of a parent or child, respectively. The tragic consequence of this restriction is that many families, particularly those in which adult children relied on their parents for guidance, support, and stability, are left without legal recourse.
The Need for Reform
The idea that emotional pain disappears at age 25 is absurd. The loss of a parent is a lifelong trauma, regardless of age. Many adult children are still deeply connected to their parents, relying on them for advice, emotional support, and even financial stability. The current law disregards these realities and lets negligent parties off the hook, effectively placing a discounted value on human life.
Senator Yarborough’s proposed legislation would amend Florida’s Wrongful Death Act to remove this unjust restriction. This reform is long overdue. Florida should not have a law that incentivizes negligence by shielding wrongdoers from full accountability.
The Broader Impact
This issue is not just about financial compensation—it’s about justice. When negligent individuals or entities know they will not face full accountability, they have less incentive to exercise care. A law that prevents certain family members from seeking rightful damages undermines the deterrent effect of our civil justice system and diminishes the value of human life.
Moreover, Florida is an outlier in this regard. Many other states recognize the right of all surviving children to recover non-economic damages for a parent’s wrongful death. Florida’s law, influenced by powerful medical and insurance lobbies, places profits over people and must be changed.
A Call to Action
Floridians who believe in fairness should support Senator Yarborough’s effort to reform the Florida Wrongful Death Act. Lawmakers must put families first and correct this long-standing injustice. The death of a parent is one of the most devastating experiences in life, and the law should reflect the true impact of such a loss.
If you agree that all children, regardless of age, should have the right to seek justice for the wrongful death of a parent, contact your state legislators and urge them to support this much-needed reform. Florida families deserve better.
