The Perazzo Law Firm has learned, according to WESH, that a crash in Ocala early Tuesday, September 29, 2026, claimed the lives of a mother and her son. Under Florida’s Wrongful Death Act, the decedent’s personal representative brings the claim for the survivors and the estate, and any claim against a government agency follows separate rules. Families with questions can call 888-PERAZZO or request a free case review with a Florida wrongful death lawyer.
What WESH has reported so far
According to WESH, the crash happened around 2:45 a.m. at SE Maricamp Road and SE 36th Avenue. WESH reports that a woman, 50, and her son, 31, were killed.
WESH also reports that the brothers involved were ages 33 and 24. A second WESH report says body-camera video shows an Ocala officer speaking with the brothers for about five minutes near their van, which was parked in the middle of State Road 200, and then letting them go. Minutes later, their vehicle was in the fatal crash, per WESH. The driver was seriously injured and the other brother was not hurt, according to WESH.
Police Chief Mike Balken said, according to WESH, that there were indications both brothers “had been drinking earlier in the night and may have been impaired,” and that officers “failed to investigate a possible DUI.” The lead officer is on paid leave, per WESH, and WESH reports the investigation could take weeks. WESH says charges are pending. No court has made any finding about impairment or fault.
Attorney Mark NeJame, who is not involved in the case, told WESH a lawsuit could be possible down the line. Neither report describes any lawsuit filed.
Who can bring a wrongful death claim in Florida
Under Fla. Stat. 768.20, the action “shall be brought by the decedent’s personal representative” for the benefit of the decedent’s survivors and estate. That person is usually appointed by a probate court, so families often start there.
Claims against a driver and insurance
A wrongful death claim can be directed at the person legally responsible for a crash. Whether anyone is legally responsible here is for investigators and, if a case is filed, a court to decide.
Collectible insurance varies. Fla. Stat. 324.022 requires $10,000 in property damage coverage and does not, by itself, require bodily injury liability insurance. A family’s own uninsured motorist coverage, governed by Fla. Stat. 627.727, may help in some situations. It covers damages a person is legally entitled to recover from owners or operators of uninsured motor vehicles because of bodily injury, including death, and what applies depends on the specific policy. A car accident lawyer can review the policies involved.
Limits on claims against a government agency
This is general law, not a statement that any claim exists here. Whether a claim could be brought against a city over an officer’s decision is an open legal question, and doctrines such as public duty and discretionary function may apply.
Where a claim against the state or its agencies or subdivisions is allowed, Fla. Stat. 768.28(5) limits payment to $200,000 per person and $300,000 per incident unless the Legislature approves more, and liability does not include punitive damages. Under Fla. Stat. 768.28(6), written notice to the proper agency is a condition of filing suit, and for wrongful death the claim must be presented to the Department of Financial Services within two years.
Deadlines
The general wrongful death filing period is two years under Fla. Stat. 95.11(5)(e).
Frequently asked questions
Who files a wrongful death lawsuit in Florida?
The decedent’s personal representative, under Fla. Stat. 768.20, for the benefit of survivors and the estate.
Is there a cap on damages against a city or state agency?
Where such a claim is permitted, Fla. Stat. 768.28(5) sets $200,000 per person and $300,000 per incident, with more payable only by act of the Legislature.
How long do families have to act?
Two years for a wrongful death action under Fla. Stat. 95.11(5)(e), and a two-year written claim period for claims against the state or its subdivisions under Fla. Stat. 768.28(6).
Talk to us about your loss
If your family lost someone in a crash, call 888-PERAZZO or contact us online. No attorney’s fee unless we recover for you.
Miami Car Accident Attorney Advertising. The Perazzo Law Firm maintains bona fide offices in North Miami Beach, Florida, and Atlanta, Georgia. Jonathan Perazzo, Esq., is the attorney responsible for this content. This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.