Category: Civil Law · Statute: F.S. 768.16-768.26 · Source: Florida Legislature
Understanding Wrongful Death in Florida
Under the Florida Wrongful Death Act (Florida Statutes Section 768.16 through 768.26), a wrongful death action is a civil lawsuit filed when a person's death is caused by the "wrongful act, negligence, default, or breach of contract" of another party. Unlike criminal prosecution, which is brought by the state to punish a offender, a wrongful death claim is a civil action designed to provide financial compensation to the deceased person's surviving family members and estate. In Florida, this lawsuit must be filed by the personal representative of the decedent's estate, who lists all qualifying survivors—such as spouses, children, and parents—entitled to recover damages for lost support, services, and emotional companionship.
Because civil wrongful death claims are entirely separate from criminal proceedings, they operate under a different standard of proof. While a criminal homicide case requires the state to prove guilt "beyond a reasonable doubt," a civil wrongful death lawsuit only requires the plaintiff to establish liability by a "preponderance of the evidence" (meaning it is more likely than not that the defendant caused the death). This legal distinction explains why an individual can be acquitted of criminal charges in a Florida court but still be held civilly liable for wrongful death arising from the exact same incident, as seen in several high-profile national and state cases.
How Wrongful Death Civil Claims Impact Florida Bail
While wrongful death is a civil action and does not directly carry criminal penalties, the underlying conduct that triggers the lawsuit often involves serious criminal charges, such as DUI manslaughter, vehicular homicide, or murder. When a defendant faces these concurrent criminal charges, Florida judges frequently view the pending or threatened civil wrongful death lawsuit as a significant flight risk factor during bail hearings. The prospect of facing both a lengthy prison sentence and a devastating multi-million dollar civil judgment can incentivize a defendant to flee, prompting judges to set substantially higher bail amounts or impose strict pretrial release conditions, such as continuous GPS monitoring and passport surrender.