DUI Manslaughter Charges in Ocala Crash That Killed a Mother and Son: How Florida Wrongful Death Law Works

Ocala, Marion County, Fla. · Published November 6, 2026 · By HOV Law

Empty multi-lane suburban intersection at night under red traffic signals, with a left-turn lane, crosswalk, streetlights and palm trees — Illustrative image generated with AI. Not the actual location or incident.

The Crash and the Charges

A 50-year-old woman and her 31-year-old son died on September 29 when the car they were in was struck at the intersection of Southeast Maricamp Road and Southeast 36th Avenue in Ocala, according to the Ocala Police Department as reported by News 6 (opens in a new tab). On October 30, police arrested the 33-year-old driver of the other vehicle on two counts of DUI manslaughter, according to WCJB (opens in a new tab) and WFTV.

On November 5, WFTV (opens in a new tab) reported on the newly released arrest affidavit, which says hospital records showed the driver's blood alcohol level was above Florida's 0.08 limit. The affidavit also describes speed and traffic-signal evidence that investigators gathered. Those are the police department's allegations. They have not been tested in court.

The case drew attention for another reason. Ocala Police Chief Mike Balken said officers had contact with the driver and his brother on State Road 200 minutes before the crash and did not investigate a possible DUI, News 6 and WFLA reported. The officer who led that encounter was placed on paid administrative leave during an internal affairs investigation, and News 6 reported that the State Attorney's Office found the officer's actions did not rise to a criminal offense.

DUI manslaughter is a charge, not a conviction. The driver is presumed innocent, and the case is pending.

A Felony Charge Does Not Replace a Civil Claim

Under Fla. Stat. § 316.193(3)(c)3. (opens in a new tab), a person who drives impaired and causes or contributes to causing a death commits DUI manslaughter, a felony. The State brings that case, and its outcome is punishment. It does not compensate the family.

Compensation comes from a separate wrongful death claim. Florida's Wrongful Death Act anticipates this situation directly. Its right-of-action section, § 768.19 (opens in a new tab), makes a person liable for a death caused by wrongful conduct or negligence "although death was caused under circumstances constituting a felony." Our explainer on the Florida Wrongful Death Act walks through the whole statute.

When a Parent and Child Die Together, There Are Two Claims

Families who lose two people in one crash are often surprised to learn the law treats each death on its own. Under § 768.20 (opens in a new tab), each claim is brought by the personal representative of that person's estate, for the benefit of that person's survivors and estate. Two deaths mean two estates, often two probate filings, and two sets of survivors.

Who counts as a survivor is set by § 768.18(1) (opens in a new tab): the decedent's spouse, children and parents, plus blood relatives and adoptive siblings who were partly or wholly dependent on the decedent for support or services. The same relative can stand in a different position in each claim. A parent is always a survivor of a child, for instance, but a brother or sister counts as a survivor only if the dependency test is met.

We do not know this family's circumstances, and nothing here describes them. Our wrongful death survivor checker shows how the categories apply to a given family.

What Each Survivor Can Recover

The damages section, § 768.21 (opens in a new tab), assigns different losses to different people:

Every survivor: the value of lost support and services, past and future.
A surviving spouse: loss of companionship and protection, and mental pain and suffering.
Children: minor children, and all children if there is no surviving spouse, may recover for lost parental companionship, instruction and guidance, and mental pain and suffering. "Minor" here means under 25.
Parents of an adult child: mental pain and suffering, but only if the adult child left no other survivors.
The estate: lost earnings between injury and death, medical and funeral expenses it paid, and in some cases the lost net accumulations the person would have saved.

One protection matters in multi-survivor cases. Under § 768.20, a defense that would bar or reduce one survivor's recovery can be raised against that survivor, but it does not affect any other survivor's recovery.

How the Criminal Case Can Affect the Civil One

The two tracks are separate, but Florida's restitution statute links them in two ways. Under § 775.089(8) (opens in a new tab), a conviction for an offense involving the act that gave rise to restitution prevents the defendant from denying the essential allegations of that offense in a later civil case. The same subsection says restitution does not bar a civil recovery, but the amount paid is set off against it.

Impairment also changes the punitive damages rules. Florida normally caps punitive damages and requires clear and convincing evidence, but § 768.736 (opens in a new tab) removes both for a defendant whose normal faculties were impaired by alcohol or drugs, or who had a blood or breath alcohol level of 0.08 or higher, at the time of the conduct.

For Families After a Fatal DUI Crash

Ask the investigating agency for the case number and its victim services contact, who can explain the criminal case schedule.
Plan for a personal representative. Without one, there is no one with authority to bring the wrongful death claim.
Keep funeral and medical bills and records of the person's income and household help. They support the support, services and estate claims.
Request the crash report and keep copies of anything the State releases, such as an arrest affidavit.
Check every insurance policy that might apply, including the family's own auto policies.

The deadline does not pause for the criminal case. Under § 95.11(5)(e) (opens in a new tab), an action for wrongful death generally must be filed within two years. Our statute of limitations calculator gives an estimate.

Wrongful Death After a DUI Crash: FAQ

Can a family bring a wrongful death claim while the DUI manslaughter case is still pending?

Yes. Florida's Wrongful Death Act makes a person liable for a death caused by a wrongful act or negligence even when the death happened under circumstances that are also a felony (Fla. Stat. § 768.19). The civil claim and the criminal case are separate proceedings, and the civil deadline does not wait for the criminal case to finish.

Who files a Florida wrongful death claim when two family members die in the same crash?

Each death is its own claim. Under § 768.20, the action is brought by the personal representative of each decedent's estate, for the benefit of that decedent's survivors and estate. When a parent and an adult child both die, there are two estates, and the survivors who can recover may be different people in each one.

Can parents recover in Florida when their adult child is killed?

Sometimes. Under § 768.21(4), each parent of an adult child may recover for mental pain and suffering only if the adult child left no other survivors, such as a spouse or children. Parents of a minor child (under 25 for this purpose, per § 768.18(2)) can recover for mental pain and suffering without that limit.

Does a DUI conviction help the family's civil case?

It can. Under § 775.089(8), a conviction for an offense involving the act that gave rise to restitution stops the defendant from denying the essential allegations of that offense in a later civil case. Any criminal restitution does not bar a civil recovery, but the amount is set off against it.

Are punitive damages limited when the driver was allegedly drunk?

Florida removes its usual limits. Section 768.736 says the punitive damages caps in § 768.73 and the clear-and-convincing evidence standard in § 768.725 do not apply to a defendant whose normal faculties were impaired by alcohol or drugs, or who had a blood or breath alcohol level of 0.08 or higher, at the time of the conduct.

How long does a family have to file a wrongful death lawsuit in Florida?

Generally two years. Fla. Stat. § 95.11(5)(e) sets a two-year limitations period for an action for wrongful death. Our statute of limitations calculator can help estimate the date, but a lawyer should confirm it, because exceptions can apply.

Sources

This post summarizes news reports and is general information about Florida law, not legal advice. Reading it does not create an attorney-client relationship. HOV Law does not represent anyone involved in this crash. Nothing here is a statement about fault, about anyone's liability, or about the pending criminal charges, and the person charged is presumed innocent.

Lost a Loved One to an Impaired Driver?

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