A criminal sentence and a civil claim are separate tracks. The criminal case decides punishment; it does not decide compensation for a family. A civil claim over a death on Biscayne Bay can proceed on its own under Fla. Stat. § 768.19 and federal maritime law, each with its own deadlines. Questions? Call The Perazzo Law Firm’s boating accident team at 888-PERAZZO. This is general information, not legal advice.
What the sentencing established
The Perazzo Law Firm has learned, according to Local10, that a federal judge sentenced a tugboat captain to 18 months in prison on October 13 after a Biscayne Bay collision that killed three girls.
Local10 reports that the captain entered a plea to seaman’s manslaughter and that the collision involved a 25-foot tugboat pushing a 108-foot barge on July 28, 2025.
Local10 also reports that prosecutors had recommended 12 months and one day, and that the judge compared the conduct to driving on I-95 with a blindfold on.
According to Local10, the U.S. Attorney said in July that the captain failed to assign a lookout and engaged in cellphone activity.
Which law governs a civil claim for a death on the bay
Florida’s wrongful death statute covers deaths “including those occurring on navigable waters,” according to Fla. Stat. § 768.19. Under Fla. Stat. § 768.20, the action is brought by the decedent’s personal representative for the benefit of survivors and the estate. Federal maritime law can also apply to incidents on navigable waters, and which body of law controls depends on the facts. Our wrongful death practice reviews that question case by case.
Two deadlines families should know
- Two years in Florida. Fla. Stat. § 95.11(5)(e) lists an action for wrongful death among those that must be filed within two years.
- Three years in maritime tort cases. 46 U.S.C. § 30106 requires a civil action for personal injury or death arising from a maritime tort to be brought within three years.
Which one applies can turn on the court and the claim. Treating the shorter period as the working deadline is the cautious approach until a lawyer reviews it.
Vessel owners can ask a court to cap liability
Under 46 U.S.C. § 30529, a vessel owner may file a federal action to limit its liability, and must do so within six months after receiving written notice of a claim. Under 46 U.S.C. § 30523, an owner’s liability for covered claims is generally capped at the value of the vessel and pending freight, with exceptions. Those short windows make early legal review important.
Frequently asked questions
Does the criminal sentence settle the family’s civil claim?
No. The sentence addresses criminal punishment. Compensation for a death is pursued through a separate civil process.
Who files a wrongful death claim in Florida?
The decedent’s personal representative, on behalf of survivors and the estate, under Fla. Stat. § 768.20.
Is there a fee to talk with the firm?
The initial consultation is free, and there is no attorney’s fee unless we recover for you*.
* No fee if no recovery. Our attorney's fee is contingent on a recovery, but you may still be responsible for court costs and case expenses, as set out in your written contingency fee agreement. Contingent fees are not permitted in all types of cases.
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If your family lost someone in a boating or maritime incident in Miami waters, call 888-PERAZZO or request a free case evaluation. Past results do not guarantee a similar outcome.
Miami Personal Injury Attorney Advertising. Jonathan Perazzo, Esq. is the attorney responsible for this content. The Perazzo Law Firm, offices in North Miami Beach, FL and Atlanta, GA.