The pregnant widow of a man shot and killed in South Florida over a puzzling parking lot altercation that resulted in her husband’s death – which she witnessed – has vowed that in addition to pressing for justice from the criminal courts, she will file a civil lawsuit for wrongful death. Would her baby have a claim too?
The right of survivors to claim damages is one of two kinds of wrongful death lawsuits in Florida. The other is an estate claim that seeks recovery of damages on the decedent’s behalf.
The Fort Lauderdale wrongful death attorneys at The Ansara Law Firm can help you determine the right of each survivor affected following the death of a loved one due to another’s negligence, recklessness and/or violence. We can also help you determine which kind of wrongful death lawsuit makes the most sense to pursue.
Florida law regarding the civil rights of fetuses can be a touchy subject, but statute does make it clear that a child who was not yet born when a parent died still has the right to pursue wrongful death damages – as long as they are eventually born. Continue reading