A wrongful death claim and a criminal boating charge are two separate legal processes that can happen at the same time after a fatal boating accident. The criminal case punishes the operator through the state, while the wrongful death claim lets the victim’s family recover compensation directly. At Lusko Law, we help Pensacola families pursue both accountability and compensation.
Who Brings Each Case, the State or the Family
These two cases can proceed at the same time, since they answer to different courts and serve different purposes.
The Criminal Case Belongs to the State
The State Attorney’s Office prosecutes criminal boating charges, such as boating under the influence or reckless operation of a vessel, and any penalties imposed belong to the state, not the victim’s family.
The Civil Claim Belongs to the Family
A wrongful death claim is filed by the personal representative of the deceased’s estate on behalf of surviving family members, and it moves through the civil court system on its own timeline. A wrongful death attorney in Pensacola can guide the family through filing a civil claim regardless of the criminal outcome, and Lusko Law focuses only on the civil side, working to secure compensation for the family. Our firm’s personal injury and wrongful death practice areas cover exactly this kind of dual situation.
How the Burden of Proof Differs Between the Two Cases
Criminal charges require the prosecutor to prove guilt beyond a reasonable doubt, the highest standard in the legal system. A wrongful death claim only requires a preponderance of the evidence, meaning it is more likely than not that negligence caused the death. A family can sometimes recover compensation even after a criminal case ends in acquittal. According to CDC accidental injury data, unintentional injuries remain the third causes of death nationwide.
What Each Case Can Recover for the Family
Only one of these two processes puts money in the family’s hands.
Criminal Penalties Go to the State, Not the Family
A criminal conviction can result in jail time, fines, or license revocation for the boat operator in Pensacola, but none of those penalties go to the victim’s family.
Civil Damages Compensate the Survivors Directly
Only a wrongful death claim can recover compensation for funeral costs, lost income the deceased would have earned, and the loss of a loved one’s companionship and support. Surviving parents of a minor child may also recover damages for their own mental pain and suffering. Our team at Lusko Law regularly monitors both the criminal case and the civil claim, and families can learn more through our Pensacola wrongful death lawyer resources.
Talk to a Pensacola Attorney About Both Cases
If your family is facing both a criminal case and the possibility of a civil claim after a fatal boating accident, you do not have to navigate it alone. Lusko Law can review the details of your case and explain how each legal process affects your right to compensation. Contact our lawyers for wrongful death claims today at (850) 308-4011 or info@luskolaw.com for a free, confidential consultation.