03/07/2026
Florida State Sen. Erin Grall
Pass SB 164: Justice for Grieving Parents and a Long-Overdue Fix to Florida Law
Imagine a pregnant mother involved in a devastating car crash caused by a drunk driver. She survives, but her unborn child does not. Or picture a case of medical negligence—perhaps a preventable error during a routine procedure—that ends the life of the baby she was carrying.
Under current Florida law, parents in these heartbreaking situations have limited recourse. They cannot bring a full wrongful death claim for the loss of their unborn child. That gap leaves families without the ability to recover the full damages they deserve for medical expenses, funeral mental pain and suffering that follows.
Senate Bill 164, sponsored by Sen. Erin Grall (R-Fort Pierce) with co-introduction by Sen. Yarborough, closes this unjust loophole. It amends Florida’s Wrongful Death Act to give parents the explicit right to sue for the wrongful death of their unborn child when a third party’s negligence causes the loss.
The bill is straightforward, narrowly tailored, and long overdue. Frankly, we at...
Florida State Sen. Erin Grall Pass SB 164: Justice for Grieving Parents and a Long-Overdue Fix to Florida Law Imagine a pregnant mother involved in a devastating car crash caused by a drunk driver. She survives, but her unborn child does not. Or picture a case of medical negligence—perhaps a preve...