The car accident lawyer in Miami, Jonathan Perazzo, understands that when a drunk driver kills someone in Florida, the criminal case and the family’s civil claim run on separate tracks with separate burdens of proof — and one of the biggest obstacles families face isn’t proving fault, it’s finding insurance coverage, because Florida does not require most drivers to carry any bodily injury liability insurance at all until after a DUI conviction. That gap shapes almost everything about how a wrongful-death recovery actually works.
What Happened in the Southwest Miami-Dade Crash
The Perazzo Law Firm has learned, according to WSVN, that Miami-Dade authorities announced the arrest of Allen Matis, 67, on charges of DUI manslaughter and vehicular homicide. The crash happened on June 24, 2026, when Matis failed to stop at a stop sign near Southwest 57th Avenue and 29th Street in Miami-Dade County and crashed through the exterior wall of a home.
An 82-year-old man was asleep inside the home at the time, according to WSVN, and was struck by the vehicle, trapped underneath it, and pronounced dead at the scene. Investigators reported Matis’s blood alcohol content was measured at 0.290, 0.262, and 0.245 — each more than three times Florida’s .08 legal limit, per WSVN. Police say the vehicle’s accelerator reached 99% and that Matis never applied the brakes, and that he was held without bond following a Thursday bond hearing, according to WSVN. He faces charges, not a conviction, and is presumed innocent unless and until a court finds otherwise.
The Criminal Case Doesn’t Compensate the Family
A DUI manslaughter conviction — if one happens — punishes the driver. It does not put money toward funeral costs, lost income, or anything else the family now has to absorb. Compensation only comes through a separate civil wrongful death claim, and that claim can move forward on its own schedule regardless of how the criminal case resolves.
The standards are different, too. A criminal conviction requires proof beyond a reasonable doubt. A civil wrongful death claim only requires a preponderance of the evidence — more likely than not. That lower bar means a family’s civil case can succeed even if the criminal case moves slowly, ends in a plea, or takes years to reach trial.
The Insurance Gap Most Families Don’t See Coming
Florida does not require an ordinary driver to carry bodily injury liability insurance at all. Under Fla. Stat. § 324.022, the state’s baseline requirement is $10,000 in property damage liability coverage — or, alternatively, a combined $30,000 policy covering both property damage and bodily injury together. There is no standalone mandate that a first-time driver carry bodily injury coverage to protect someone he might kill or injure on the road.
The “Enhanced” Coverage Requirement Comes Too Late
Florida does require higher bodily injury coverage — $100,000 per person and $300,000 per crash — but under Fla. Stat. § 324.023, that requirement only attaches after a DUI conviction, as a condition of getting a driver’s license reinstated, and it has to be maintained for three years following reinstatement. That higher coverage exists to let a convicted driver back on the road later — it was never in place to protect anyone at the moment of the crash itself. A driver facing his first DUI manslaughter charge may have been carrying little or no bodily injury liability coverage at all when the crash happened, because the law simply didn’t require it yet. Regardless, accident victims and loved-ones, should contact an experienced car accident lawyer in Miami for a FREE consultation.
What Recovery Paths Actually Remain
Without a guaranteed insurance policy standing behind the claim, a family’s realistic recovery sources typically narrow to two things: whatever liability insurance the driver happens to carry, up to his policy limits, and the driver’s personal assets. Neither is guaranteed, and no specific coverage amount is known in this case. This is one of the reasons an early, thorough investigation into a driver’s actual insurance status and assets matters in a drunk driving car accident claim — the sooner it starts, the more options a family may have.
Comparative Fault Rarely Applies to a Victim Asleep in His Own Bed
Most Florida car crash injury claims turn heavily on comparative fault. Under Fla. Stat. § 768.81(6), a plaintiff found more than 50 percent at fault for causing his own injury is generally barred from recovery. That fight dominates a large share of Florida crash litigation, but a man asleep inside his own home has no plausible role in causing the crash that killed him — which doesn’t guarantee any particular outcome, but does take one of the most contested issues off the table.
Punitive Damages: A Real Category, Heavily Hedged
Florida law also allows punitive damages — a category separate from compensation for the family’s actual losses. Under Fla. Stat. § 768.72(2), a claim for punitive damages requires clear and convincing evidence of either intentional misconduct or gross negligence — a higher evidentiary bar than ordinary negligence claims. Whether punitive damages would be available, pursued, or awarded in any specific case depends on facts developed through the litigation process, and nothing here should be read as predicting that outcome. Past results do not guarantee a similar outcome.
How Florida’s Wrongful Death Act Works
Florida’s Wrongful Death Act, codified at Fla. Stat. §§ 768.16–768.26, sets the framework for these claims. The personal representative of the deceased person’s estate brings the lawsuit, and the statute identifies which survivors may be entitled to recover and for what categories of loss. The specifics depend on the family’s circumstances and are best worked through directly with counsel rather than assumed from a general description.
The Clock Is Running
Florida law sets a two-year deadline for filing a wrongful death action, under Fla. Stat. § 95.11(5)(e). That clock generally starts running from the date of death, not the date of the crash — an important distinction in cases where the two dates differ, and it doesn’t wait for the criminal case to conclude.
Frequently Asked Questions
Does the driver have to be convicted before a family can file a wrongful death claim?
No. The civil claim is independent of the criminal case and can proceed regardless of the criminal case’s timeline or outcome, because the two use different standards of proof.
What if the driver doesn’t have much insurance?
Recovery generally comes from whatever liability coverage the driver carries, up to his policy limits, and from the driver’s personal assets. Because Florida doesn’t mandate bodily injury coverage for first-time offenders under Fla. Stat. § 324.022, that coverage isn’t guaranteed to exist.
How long does a family have to file a wrongful death lawsuit in Florida?
Generally two years from the date of death, under Fla. Stat. § 95.11(5)(e).
Who is allowed to bring a wrongful death claim in Florida?
The personal representative of the deceased person’s estate files the lawsuit on behalf of the survivors identified under Florida’s Wrongful Death Act, Fla. Stat. §§ 768.16–768.26.
Will comparative fault reduce what the family can recover?
Comparative fault under Fla. Stat. § 768.81(6) is a major factor in most Florida crash claims, but it has little application when the person killed had no role in causing the crash — such as someone asleep inside his own home.
Talk to a Florida Wrongful Death Attorney in Miami
If you’ve lost a family member in a Florida DUI crash, the questions above need answers specific to your situation. The Perazzo Law Firm’s wrongful death attorneys offer a free case evaluation, with no attorney’s fee unless we recover for you. Call (888) 737-2996 or contact us online to discuss your case, 24/7 Free of Charge.
This is general information about Florida law, not legal advice, and does not create an attorney-client relationship. Allen Matis has been charged, not convicted, and is presumed innocent unless and until proven guilty in a court of law. Past results do not guarantee a similar outcome; the outcome of any case depends on its own facts. This is car accident lawyer in Miami advertising material. The Perazzo Law Firm maintains a bona fide office in North Miami Beach, Florida.