An arrest does not replace a Florida civil claim. A wrongful death action has its own two-year deadline under Fla. Stat. § 95.11(5)(e), and what a family can recover depends largely on the insurance available. A Florida wrongful death lawyer can explain those deadlines; call The Perazzo Law Firm at 888-PERAZZO, which serves families statewide.
The Perazzo Law Firm has learned, according to WESH, that the Florida Highway Patrol arrested a 19-year-old man on October 20, 2026, in connection with a hit-and-run crash that claimed the life of a 15-year-old boy riding an electric scooter in Viera, in Brevard County. WESH reports that FHP said the crash happened just before 4 a.m. on Father’s Day, June 21, 2026, and that the arrest was on a charge of leaving the scene of a crash involving death. A charge is an accusation, and the man is presumed innocent.
The criminal case and the civil claim are separate
Under Fla. Stat. § 316.027, a driver in a crash involving death must stop at the scene, and a willful violation is a first-degree felony. The State prosecutes that offense. Whether it ends in a conviction, a plea, or a dismissal, the outcome does not decide a civil claim, and a family is not a party to the prosecution.
A civil case asks different questions: who was legally responsible, what losses followed, and what insurance is available to pay them.
The wrongful death deadline is set by statute, not by the arrest
Florida’s wrongful death claim must be brought within two years under § 95.11(5)(e). The criminal case does not replace that civil deadline, so a family should not assume the prosecution will protect its claim.
Under § 768.20, the action is brought by the decedent’s personal representative, who recovers for the benefit of the survivors and the estate. Who qualifies as a survivor is defined in § 768.18, and which damages apply depends on the family’s facts and § 768.21.
Insurance still decides what is collectible
An arrest identifies a person. It does not show that the person had insurance, or how much. If a vehicle’s liability limits turn out to be low, or there is no coverage, the family’s own uninsured motorist (UM) coverage may matter. Under Fla. Stat. § 627.727, UM coverage can apply when the other vehicle is uninsured, including an insured vehicle whose liability limits fall below the total damages. The policy’s own terms and notice requirements control, so the policy should be pulled early. Our car accident lawyers review those policies as part of a crash claim.
FAQ
Does the criminal case have to end before a family files a civil claim?
No. The two cases run separately, and the civil deadline comes from the statute, not from the criminal case.
Does an arrest mean the driver’s insurance will pay?
No. An arrest identifies a person, not a policy. Coverage depends on the policy and its limits, and the family’s own UM coverage may also be a source.
Who files a wrongful death case in Florida?
The decedent’s personal representative files it for the survivors and the estate, under § 768.20.
If your family lost someone in a crash, contact The Perazzo Law Firm or call 888-PERAZZO for a free case review.
Car Accident Attorney in Miami Advertising. The Perazzo Law Firm, P.A. is headquartered in North Miami Beach, Florida, with an office in Atlanta, Georgia. This page is general information, not legal advice, and does not create an attorney-client relationship. Past results do not guarantee a similar outcome. Responsible attorney: Jonathan Perazzo, Esq.