Florida Wrongful Death Calculator
Florida §768.21 Wrongful Death Act — adult-child exclusion (§768.21(8)) 'free kill' for medical negligence. HB 6003 repeal PENDING 2026. HB 837 2-yr SOL
How much is a Florida wrongful death settlement worth? Varies widely. Major auto/trucking: $1M-$5M. Catastrophic negligence (Icon Park): hundreds of millions.
⚠ FL 'Free Kill' §768.21(8): adult children + parents of adult decedents CANNOT recover non-econ for medical negligence. HB 6003 repeal passed House Jan 2026 — Senate + DeSantis pending.
Su lesión
Su Acuerdo Estimado
$36,000 — $66,000
Dolor y sufrimiento = $15,000 en facturas médicas × multiplicador de gravedad de 3.0. Sus facturas ya están incluidas en esa cifra, por lo que no se suman de nuevo.
What you'd actually take home
- Estimated settlement
- $51,000
- Attorney fee (33–40%)
- −$17,000 to −$20,400
- Roughly yours
- $30,600 – $34,000
Not included: case costs (court filing, expert witnesses, medical records) and any medical liens or health-insurance reimbursement. Those come out of your share too, so treat the figure above as an upper bound.
Keep this estimate — it is gone when you close the tab.
Revisado Editorialmente — Contenido revisado en cuanto a exactitud utilizando investigación legal publicada, datos gubernamentales y registros judiciales verificados. Vea nuestra metodología
Reviewed by Leonard Goldberg, Editor · Last updated
Florida Wrongful Death — The 'Free Kill' Problem
Florida §768.21 Wrongful Death Act has a uniquely harsh feature: §768.21(8) bars adult children + parents of adult decedents from recovering non-economic damages (pain, suffering, loss of companionship) when a medical provider's negligence caused the death. Known as the 'free kill' provision — families of deceased adults cannot recover for grief/loss in medical malpractice cases.
HB 6003 (2026 session) would repeal §768.21(8). History: passed House + Senate 2025, VETOED by Gov. DeSantis May 2025. Re-introduced 2026. House passed January 2026. Senate outcome + gubernatorial signature uncertain as of April 2026. Status: PENDING — NOT YET LAW.
HB 837 (March 2023) reduced general negligence SOL from 4 to 2 years — wrongful death was already 2 years + unchanged. Damages: lost support/services, consortium (spouse), mental pain/suffering (spouse + minor children), net accumulations (estate). No cap for general negligence. Notable 2025: $779M Gadsden County (security guard), $310M Icon Park ride death (parents $155M each), $31.9M med-mal.
Florida Wrongful Death FAQs
Who can file wrongful death in Florida?
Personal representative of the estate files. Survivors: surviving spouse, minor children, parents (if no surviving spouse/child), dependent blood relatives + siblings. ADULT children are excluded from non-economic in medical malpractice under §768.21(8).
What is the 'free kill' law?
§768.21(8) bars adult children + parents of adult decedents from recovering non-economic damages (pain, suffering, loss of companionship) when medical provider's negligence caused death. Uniquely harsh — family of deceased adults gets NOTHING for grief in med-mal cases. Repeal pending 2026 via HB 6003.
What damages can I recover?
Spouse: lost support/services + consortium + mental pain/suffering. Minor children: parental companionship + instruction + guidance + mental pain. Adult children (non-medical): economic + mental pain. Adult children (medical): ECONOMIC ONLY unless HB 6003 passes. Parents: support/services; mental pain where applicable. Estate: net accumulations.
How long do I have to file?
2 years from date of death (§95.11(4)(d)). HB 837 reduced general negligence SOL to 2 years post-March 2023, wrongful death unchanged. Strict — courts rarely grant extensions.
How much is a Florida wrongful death settlement worth?
Varies widely. Major auto/trucking: $1M-$5M. Catastrophic negligence (Icon Park): hundreds of millions. $779M Gadsden 2025. $310M Icon Park 2024 (parents $155M each, gross negligence). Notable 2024-25 average: $2M-$25M for contested cases.
Will HB 6003 pass in 2026?
Uncertain as of April 2026. House passed January 2026. Senate outcome + DeSantis signature unknown. Previously vetoed 2025. Medical malpractice defendants + insurers oppose. If passes, would repeal §768.21(8) + abolish 'free kill' — massive expansion of med-mal wrongful death recoveries. Monitor Florida Senate for status.
Is there a damages cap in Florida wrongful death?
For general negligence (car accidents, product liability): NO statutory cap. Medical malpractice caps vary + contested post-Estate of McCall (2014) + Kalitan (2017). Gov entity caps under §768.28: $200K per person / $300K per incident.
What is 'net accumulations' that the estate can recover?
Deceased's projected future earnings MINUS personal living expenses — what would have accumulated in the estate. Recoverable under §768.21(6). Economist expert typically calculates via actuarial tables + career trajectory + personal consumption patterns.
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Wrongful Death Calculators by State
Wrongful-death damages, caps, and who can file vary by state:
Other Calculators for Florida
Each Florida calculator reflects state-specific laws (caps, statutes of limitations, comparative-negligence rules) and uses Florida verdict data where available.