Regardless of this outcome, Zimmerman may face a civil lawsuit. O.J. did.
While it may seem that a civil suit might be possible because it requires merely proof of negligent conduct as opposed to criminal intent, a civil action is not likely to happen. The State of Florida does not take kindly to lawsuits being filed when the injuries were caused by a person using self defenses against the injured party's illegal activity. Here is what the Florida law says:
776.085 Defense to civil action for damages; party convicted of forcible or attempted forcible felony.—
(1) It shall be a defense to any action for damages for personal injury or wrongful death, or for injury to property, that such action arose from injury sustained by a participant during the commission or attempted commission of a forcible felony. The defense authorized by this section shall be established by evidence that the participant has been convicted of such forcible felony or attempted forcible felony, or by proof of the
commission of such crime or attempted crime by a preponderance of the evidence.
(2) For the purposes of this section, the term “forcible felony” shall have the same meaning as in s. 776.08.....
(4) (c)
The court shall award a reasonable attorney’s fee to be paid to the prevailing party in equal amounts by the losing party and the losing party’s attorney; however, the losing party’s attorney is not personally responsible if he or she has acted in good faith, based on the representations of his or her client. If the losing party is incarcerated for the crime or attempted crime and has insufficient assets to cover payment of the costs of the action and the award of fees pursuant to this paragraph, the party shall, as determined by the court, be required to pay by deduction from any payments the prisoner receives while incarcerated.
776.085 - - 2012 Florida Statutes - The Florida Senate
(Note: Highlights are my own.)
Personally, I don't think Martin's family is going to find an attorney willing to file a suit against Zimmerman, especially not on a contingency fee basis. I believe Zimmerman is immune from civil suit because a criminal court has effectively determined he acted in self defense. At any rate, the Florida law is clear: If the injuries were sustained “during the commission” of a forcible felony there is no civil liability. There is no doubt that Martin's injury occurred while he was attacking Zimmerman and such an attack is defined as a felony.
I admit that Zimmerman did not handle the situation as he should have, but no matter how negligent he was, it appears the Statute quoted above relieves him of any civil liability.
Zimmerman, on the other hand, has a bunch of lawsuits against a lot of people, including a few news networks and even Trayvon Martin. If Trayvon Martin had a sizable estate, Zimmerman would have no problem finding an attorney willing to file a civil claim on his behalf.