My Ex-Husband Killed My Child in a Palm Beach Gardens DUI: Can I Sue?

There are few clearer examples of child endangerment than driving drunk with a minor. If your ex-husband crashed while driving intoxicated and your young child paid the ultimate price, you may be intent on taking legal action. Can you sue? This is a question you might want to ask a Palm Beach Gardens wrongful death attorney.

These Kinds of Incidents Are Far Too Common in Florida

Unfortunately, parents kill their own children in DUIs quite frequently in Florida. On July 20th, 2026, The Palm Beach Post reported that a former youth pastor was facing felony DUI charges for a traffic incident that claimed the life of his 8-year-old daughter. The father was driving down Military Trail back in January when he swerved to avoid another vehicle and smashed into a concrete pole.

Police say that he was traveling at 104 miles per hour in a 40-mph zone. Although first responders transported his injured daughter to a nearby hospital, she ultimately succumbed to her injuries within one hour of the collision. His two other daughters were also riding in the vehicle, and they suffered various injuries.

A police investigation later determined that the driver was above the legal limit. His defense attorney is pushing back against the allegations of speeding and intoxication, claiming that they are inaccurate. Another tragic detail of this story is the fact that the girls’ mother passed away one year before the crash from breast cancer.

You May Be Able to Sue Your Ex in This Scenario

Since your minor is gone, a family member must file a wrongful death lawsuit on their behalf. If you were the child’s parent, this responsibility may fall to you. The only thing to keep in mind is something called a “household exclusion.” Under this exclusion, the insurer may deny your claim if you, the child, and the other parent were part of the same household at the time of the crash. In other words, this type of claim may only be possible if you were divorced at the time of the collision.

In order to successfully recover compensation for funeral expenses and other damages, you may need to prove that your ex was intoxicated. This could be more challenging than it seems, especially if your ex fights their charges in court with help from an experienced criminal defense attorney. However, it is almost always easier to prove negligence in civil court than to prove guilt in criminal court because of a lowered “burden of proof.”

Can a Palm Beach Gardens Wrongful Death Attorney Help Me?

If you have lost your child and you believe your ex is to blame, you are fully entitled to consider your legal options. While no amount of money can bring your child back, a successful wrongful death lawsuit in Palm Beach Gardens may provide you with a sense of closure while ensuring accountability. Continue this discussion by contacting Steinberg Law at 561-630-0053.

Source:

palmbeachpost.com/story/news/crime/2026/07/20/florida-youth-pastor-joel-leiniz-faces-dui-manslaughter-charge-in-daughters-death/90979552007/