A homicide investigation is a criminal matter. It can also give rise to a separate civil claim brought by the family of the person who died. Those two cases move on different tracks, under different rules, and with different burdens of proof.
What Investigators Have Reported
On the morning of August 16, deputies with the Indian River County Sheriff’s Office responded to a report of a woman lying in a roadway just outside the Vero Beach city limits. She was found with an apparent gunshot wound and taken to a trauma center, where she was pronounced dead. Detectives identified her as 52-year-old Dawn Kriskewic and are treating the case as a domestic violence homicide. A person of interest, 33-year-old Matthew Allen Waggle, was later arrested in West Virginia.
A Criminal Case and a Civil Claim Are Different
The State Attorney handles prosecution. A family’s civil claim is filed separately and seeks money damages, not a prison sentence. The outcome of one does not control the other. Prosecutors must prove guilt beyond a reasonable doubt. A civil claim is decided on the greater weight of the evidence, which is a lower standard.
Who Files the Case
Florida requires the personal representative of the estate to bring the action on behalf of the survivors. Survivors generally include a spouse, children, and parents, though eligibility depends on the family structure. Individual relatives do not file separate suits.
What Florida Law Allows Survivors to Recover
Section 768.21 of the Florida Statutes lists the damages available in a wrongful death action. Depending on who survives the decedent, those may include:
- Lost support and services, past and future
- A surviving spouse’s mental pain and suffering
- Lost parental companionship, instruction, and guidance for children
- Medical and funeral expenses paid by a survivor
- Lost earnings and net accumulations belonging to the estate
Not every survivor recovers under every category. Relationship and age both factor in.
Responsibility Is Not Always Limited to One Person
Depending on the facts, another party may share liability. A property owner who ignored a known security problem is one example. These questions get answered through investigation, not assumption. Records, scene evidence, and witness accounts become harder to gather as time passes, which is why families often speak with a Vero Beach, FL wrongful death lawyer while the criminal investigation is still active.
Moving Forward
Losing a family member to violence is not something a legal process can undo. What a claim can do is hold a responsible party accountable and address the financial harm left behind. The attorneys at Tuttle Larsen Injury Attorneys handle wrongful death matters throughout Indian River County. Reach out when you’re ready to talk with a wrongful death lawyer in Vero Beach about your options.
