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The widow of a mesothelioma victim told the Florida Supreme Court on Wednesday that an appellate court erred when it shoehorned a requirement into the state’s Wrongful Death Act mandating that a surviving spouse be married to a victim before the victim’s injury.
In oral arguments in Tallahassee, Mathew Gutierrez, of The Ferraro Law Firm representing the plaintiff, said nothing in the statutory language of Florida’s Wrongful Death Act bars his client Jennifer Ripple from recovering damages for pain and suffering as a surviving spouse just because she married Richard Counter after his mesothelioma diagnosis.
Frequently Asked Questions
Frequently Asked Questions
01.
What is the timeframe for filing an appeal?
Deadlines vary by jurisdiction, but commonly range from 30 to 60 days post-judgment. Missing these strict limits can forfeit your right to challenge the ruling.
02.
Do I automatically get an oral argument in an appellate court?
Not necessarily. Certain appellate courts perform their review solely on the briefs; others permit oral hearings at their discretion.
03.
How long does the appellate process take?
Anywhere from a few months to over a year. Complex civil or criminal issues typically take longer, depending on the court’s docket.
04.
What happens if you lose on appeal?
You may petition for further review to a higher court, or the opinion might stand as final. We will advise you on the viability of pursuing further review.
05.
Can Ferraro Law handle my appellate case if I live outside of Florida?
Absolutely. Ferraro Law represents clients nationwide, providing skilled appellate advocacy to challenge or defend trial court decisions.
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When individuals and families face the challenges of mesothelioma and asbestos exposure—coping with complex treatments, escalating costs, and emotional strain—they turn to Ferraro Law for clarity, guidance, and steadfast support. Through meticulous case preparation, empathetic counsel, and strategic representation, our attorneys build compelling cases that secure meaningful settlements to cover medical expenses, provide financial relief, and offer a path toward stability during difficult times.
Ferraro Law is wonderful and I am forever grateful to them. My attorney Daniel Di Matteo fought like a tiger for me against a multibillion dollar corporation and obtained a substantial settlement for me. This settlement is life changing for me. If you need an attorney call Ferraro Law and if you’re lucky Daniel will take your case.
Florence T.
Not too long ago I picked up the phone and called the Ferraro Law Firm not quite knowing what to expect. From the moment I reached out, the team made me feel heard and taken care of — not just like another case walking through the door.
Nikki Hurtado was my first primary contact. After speaking with her I knew that I had picked the right firm. She walked me through the process in plain understandable language. Even after numerous calls, she never made me feel like I was asking too many questions, and I always felt confident that my case was in expert hands.
My litigator was Daniel Di Matteo. If there was ever anyone that you would want by your side in a court of law, it would be him. He was everything that you would want in an attorney—calm, cool, always prepared, communicative and most importantly–experienced. He knew everything that was going to happen before it occurred but was prepared for any contingency. He is a fantastic attorney.
What really set them apart was their communication. I was kept informed at every stage — no chasing down updates, no wondering what was happening with my case. Calls and emails were returned promptly, and they proactively reached out whenever there was a development.
The professionalism of the entire team — from the attorneys to the support staff — was exceptional. Everyone I interacted with was kind, compassionate, and genuinely invested in my well-being, not just the outcome of my case.
And the outcome? Better than I could have hoped for. They fought hard on my behalf and secured a result that truly reflected the impact this injury had on my life.
You could ask for no better firm or attorney.
Keeth K.
Working with my attorney, Daniel J. Di Matteo was an exceptional experience from start to finish. His level of professionalism, attention to detail, and strategic thinking set him apart immediately. Every step of the process was handled with precision and clarity, and I always felt informed and confident in the decisions being made.
What truly stood out was his ability to navigate complex situations with confidence and deliver results that exceeded my expectations. He was not only highly knowledgeable but also genuinely committed to protecting my best interests.
If you’re looking for an attorney who is sharp, responsive, and truly operates at a high level, I highly recommend him without any hesitation.
Ivan M.
My name is Page. I am putting a five star review of my experience with Ferraro law group and my attorney Daniel J. Di Matteo. His professionalism and compassion and diligence for my case was outstanding. I am very happy that I put my trust in their very capable hands.
Page P.
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