The Miami personal injury accident lawyer, Jonathan Perazzo, knows that when a Florida pedestrian is killed in a hit-and-run, the criminal case — even a decades-long prison sentence — is only one half of the story. A conviction punishes the driver, but it puts no money in the family’s hands. To recover for the loss, surviving family members must pursue a separate civil wrongful-death claim under Florida law, often using uninsured/underinsured motorist coverage when the at-fault driver fled or has no insurance.
Criminal Case vs. Civil Claim: Two Completely Separate Tracks
This distinction became painfully clear in a recent South Florida case. According to Local 10 News, a Broward County judge on June 26, 2026 sentenced the driver in a 2021 Wilton Manors hit-and-run that killed three children walking on a sidewalk, and injured three more, to 73 years in prison. That sentence closes the criminal track. It does not compensate the family for their devastating loss.
The criminal and civil systems exist for different reasons and answer different questions:
- The criminal case is the State of Florida versus the driver. It exists to punish and protect the public. The standard of proof is the highest in our system — guilt “beyond a reasonable doubt.” A guilty verdict can mean prison, but the family is not a party and is not paid.
- The civil claim is the family (through the estate) versus the driver and any available insurance. It exists to compensate. The standard of proof is lower — the “greater weight of the evidence,” meaning more likely than not. The remedy is money damages, not jail.
Because the burdens differ, a civil case can succeed even where a criminal case is difficult to prove — and a closed criminal matter does not bar the family from seeking compensation.
The Florida Wrongful Death Act: Who Can Recover, and for What
Florida’s Wrongful Death Act (Fla. Stat. §768.16–768.26) governs claims when negligence causes a death. The lawsuit is filed by the personal representative of the deceased person’s estate, but it is brought for the benefit of the surviving family members the statute defines as “survivors” — typically a spouse, children, and parents.
The damages the law allows are meant to reflect the real human and financial cost of the loss, and can include:
- Lost support and services the deceased would have provided to survivors.
- Loss of companionship, guidance, and protection — for a spouse, and for children who lose a parent.
- Mental pain and suffering of certain survivors, including parents who lose a minor child.
- Medical and funeral expenses paid by a survivor or the estate.
- The estate’s losses, such as lost earnings and net accumulations.
No amount of money replaces a child or a loved one. The purpose of the claim is to hold the responsible party accountable and to provide the financial stability a family needs to move forward.
The Hit-and-Run Insurance Problem — and the Safety Net
Hit-and-run cases carry a hard practical reality: a driver who flees the scene, or who has no insurance, often means there is no liability coverage to collect from. Even a long prison sentence does not change that. This is where many grieving families assume there is nothing to recover — and they are frequently wrong.
How Uninsured/Underinsured Motorist (UM/UIM) Coverage Can Help
Under Fla. Stat. §627.727, uninsured/underinsured motorist (UM/UIM) coverage is the recovery safety net built for exactly this situation. Two features make it especially important for pedestrian families:
- UM follows the person, not just the car. A household member who is struck and killed while walking — as a pedestrian — can often be covered by UM coverage on the family’s own auto policy, even though they were not in a vehicle.
- A hit-and-run “phantom driver” qualifies as uninsured. When the at-fault driver flees and cannot be identified or has no coverage, UM coverage can step into the shoes of that missing insurance.
Identifying every applicable policy — and the order in which they apply — is detailed work. Our Florida pedestrian accident attorneys investigate all available coverage so a fleeing driver does not leave a family with nothing.
Why Pedestrian Crashes Are So Often Catastrophic
Drivers in Florida owe pedestrians a duty of reasonable care — to watch for people in crosswalks and along roadways, to obey speed limits, and to stay alert. When that duty is breached, pedestrians have no airbags, seatbelts, or steel frame to protect them. The result is that pedestrian crashes are disproportionately fatal or catastrophic compared with vehicle-to-vehicle collisions, which is why these cases demand careful, compassionate handling.
Two Florida Deadlines and Rules Families Must Know
- The two-year statute of limitations. Under Fla. Stat. §95.11, a wrongful-death or negligence claim in Florida generally must be filed within two years. Miss the deadline and the right to recover can be lost permanently — which is why acting early matters.
- Modified comparative negligence (51% bar). Under Fla. Stat. §768.81, as amended by HB 837, a person found more than 50% at fault for their own injury cannot recover damages. Even where a pedestrian is alleged to share some blame, an accurate reconstruction of the crash is essential.
Evidence and Next Steps After a Pedestrian Crash
In hit-and-run cases especially, evidence disappears quickly. Protecting a potential claim means preserving proof early:
- Obtain the police/traffic-crash report and case number.
- Locate surveillance, doorbell, business, or dashcam video near the scene before it is overwritten.
- Identify and contact witnesses while memories are fresh.
- Preserve the deceased’s property, medical records, and any photos from the scene.
- Act before the two-year clock runs and before insurers close out the file.
An experienced legal team can subpoena footage, work with crash reconstruction experts, and pursue the available insurance while the family focuses on grieving.
Talk to a Florida Pedestrian Accident Lawyer
If your family lost a loved one in a hit-and-run or other pedestrian crash in Miami or South Florida, you do not have to navigate the civil claim alone — and there is no fee unless we recover for you. The Perazzo Law Firm offers a free, confidential consultation with attorney Jonathan Perazzo, who gives every case personal attention. Our pedestrian accident attorneys in Miami are available 24/7. Call 888-PERAZZO or contact us here to speak with our team.
Frequently Asked Questions
Can I still get compensation if the hit-and-run driver was never caught or has no insurance?
Often, yes. Under Fla. Stat. §627.727, uninsured/underinsured motorist (UM/UIM) coverage can apply when the at-fault driver flees, cannot be identified, or has no insurance. Because UM follows the person, it may cover a household member killed as a pedestrian. A lawyer can review every policy that might apply.
Does a driver’s criminal conviction mean my family automatically gets paid?
No. A criminal sentence punishes the driver but does not award money to the family. Compensation comes only through a separate civil wrongful-death claim against the responsible party and any available insurance, which the family must pursue on its own.
Who is allowed to file a Florida wrongful-death claim?
Under the Florida Wrongful Death Act (Fla. Stat. §768.16–768.26), the claim is filed by the personal representative of the deceased’s estate, for the benefit of survivors the statute defines — generally a surviving spouse, children, and in some cases parents.
How long do I have to file a wrongful-death claim in Florida?
Florida generally allows two years from the date of death to file a wrongful-death or negligence claim, under Fla. Stat. §95.11. Because evidence in hit-and-run cases disappears fast, it is wise to speak with an attorney as soon as possible.
What if the pedestrian may have been partly at fault?
Florida follows modified comparative negligence under Fla. Stat. §768.81 (as amended by HB 837). A person found more than 50% at fault cannot recover. If a pedestrian is alleged to share some lesser blame, recovery may be reduced but not eliminated — making an accurate investigation of the crash critical.
This material is Miami personal injury attorney advertising and is provided for general informational purposes only. It is not legal advice and does not create an attorney-client relationship. Every case is different; past results do not guarantee a similar outcome. For advice about your specific situation, consult a licensed Florida attorney.