The widow of a man shot and killed by a stranger over a parking spot in front of her eyes in Clearwater recently told a local news agency that in addition to showing up to every criminal court appearance of the alleged gunman, she planned to file a civil wrongful death lawsuit on behalf of her – and the child she is expecting.
The right to claim wrongful death damages following the death of a parent due to negligence or intentional misconduct is well-established – both in a 1988 Florida law, F.S. 768.0415, as well as the 1990 Florida 5th District Court of Appeal ruling in Ellis v. Humana of Fla., Inc..
There was already precedent prior to that in the 1942 Florida Supreme Court decision of C.F. Wheeler Co. v. Pullins., which stated a child could collect workers’ compensation death benefits for a parent killed prior to the baby’s birth – the primary caveat being whether the child was born. Continue reading