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Florida Senator Grall has introduced a new bill that significantly redefines the term “survivors” in the context of civil liability. Titled “An act relating to civil liability,” this proposed legislation seeks to amend sections 768.18 and 768.21 of the Florida Statutes. One of the key changes is the inclusion of parents of an unborn child in the definition of “survivors,” a move that expands the potential for certain damages to be recovered in wrongful death cases.

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Senator Grall was the sponsor of Florida’s 6-week abortion bill.

The bill reorders and revises the definition of “survivors” to encompass not just the decedent’s spouse, children, and dependent relatives but also the parents of an unborn child. This revision would allow parents who have lost an unborn child due to wrongful death to claim for mental pain and suffering, as well as medical and funeral expenses. The bill specifies that these provisions apply to each parent of a deceased minor child or an unborn child, and in certain circumstances, the parents of an adult child.

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Furthermore, the bill redefines other key terms, such as “minor children,” “support,” “services,” and “net accumulations,” which are vital in the calculation of damages and the determination of beneficiaries in wrongful death cases.

If passed, this legislation would mark a significant shift in the state’s approach to wrongful death claims, particularly concerning unborn children. The bill is set to take effect on July 1, 2024, if enacted. It reflects an ongoing debate in various legal jurisdictions over the rights of unborn children and their families in cases of wrongful death and injury.

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