At Ferraro Law, we understand that the loss of a loved one due to someone else’s negligence is an unimaginable tragedy. The grief, confusion, and financial strain that accompany a wrongful death can leave surviving family members feeling overwhelmed and unsure of where to turn.
Our firm’s mission is to stand with you, providing steady legal guidance, compassionate support, and a strategic approach to holding the party or parties responsible for your loved one’s death accountable. As an experienced wrongful death attorney team, we have years of experience navigating complex wrongful death cases, working to secure fair compensation so you can focus on healing and honoring your loved one’s memory.
Understanding Wrongful Death & The Legal Framework
Understanding Wrongful Death & The Legal Framework
Types of Wrongful Death Cases
Wrongful death lawsuits arise when a deceased person loses their life due to someone else’s negligence, misconduct, or intentional harm. This is a civil action distinct from criminal prosecution. While criminal charges may or may not be filed against the at-fault party, a wrongful death case allows surviving family members to seek financial compensation in civil court.
Wrongful death cases commonly address deaths caused by medical malpractice, car accidents, unsafe premises, or defective products. Each scenario requires an understanding of the state law that governs who can file a wrongful death action and what damages can be recovered.
Duty of Care & Breach
In wrongful death cases, the plaintiff must prove that the defendant owed a duty of care to the deceased person and that the defendant breached this duty. For example, a driver must follow traffic laws to prevent a fatal accident. When that duty is violated—due to reckless driving, lack of maintenance, or ignoring safety standards—this breach can result in a wrongful death. Similarly, a doctor must exercise reasonable medical care to prevent harm; failing to do so can lead to medical negligence and a wrongful death suit.
Who is at Risk?
Sadly, wrongful death lawsuits arise from many everyday scenarios. Surviving family members may lose a loved one due to a car accident, medical errors, workplace hazards, or a negligent property owner’s failure to keep their premises safe. In all of these cases, families are left to pick up the pieces—financial dependents may struggle to afford daily living expenses, minor children lose crucial support, and spouses face a future without their partner’s companionship and income.
40 Years of fierce representation
40 Years of fierce representation
For decades Ferraro Law has handled wrongful death cases arising from various types of negligence. Whether the death occurred due to a car accident caused by a negligent driver, medical malpractice by a careless healthcare provider, or unsafe conditions on someone’s property, we have the experience to manage these challenging cases. Our history of successful wrongful death lawsuits includes securing substantial wrongful death settlements and verdicts that ease the financial burdens families face. We understand the legal complexities and know how to prove wrongful death in a manner that reflects the full scope of the loss.
How We Can Help You
How We Can Help You
Free Consultation
In your first consultation, we carefully review the circumstances surrounding your loved one’s passing—whether the death occurred at work, during a motor vehicle accident, or because of medical negligence. Our goal is to provide clarity by outlining your legal options and identifying the wrongful death statute that applies to your case.
Tailored Legal Strategies
Every wrongful death case is different. We dig deep into the specifics of your case, considering where and when the death occurred, the potential liable parties, and the available avenues for compensation. By gathering evidence such as safety records and medical bills, we identify how negligence contributed to your loved one’s passing. This meticulous process allows us to develop a strategy that reflects your family’s priorities and seeks to maximize compensation.
Navigating Insurance Challenges
Dealing with insurance companies after losing a loved one can be overwhelming. Our team handles all communications with insurers, ensuring your rights are protected and working to secure the compensation you deserve without unnecessary delays.
Support for Financial Planning
The loss of a loved one often creates financial uncertainty. We work closely with you to identify the compensation available to cover funeral costs, lost income, and other financial burdens, helping you plan for the future while pursuing justice.
Ongoing Support & Communication
We believe in maintaining transparent communication and steady support. From the moment we begin, our team ensures you stay updated on every phase of your case, including filing the lawsuit, navigating the discovery process, and preparing for trial, if needed. Our compassionate legal support for families acknowledges the emotional challenges you face while providing the legal insight necessary to achieve a meaningful resolution.
What We Handle
What We Handle
Ferraro Law provides dedicated representation in wrongful death cases, addressing a wide range of circumstances where negligence or misconduct leads to the tragic loss of life:
Car Accidents
We handle wrongful death cases arising from car accidents, trucking collisions, or motorcycle crashes caused by negligent drivers who breached their duty of care, such as ignoring traffic rules or driving under the influence.
Medical Malpractice
Ferraro Law is dedicated to pursuing accountability for those at fault. This includes cases where a healthcare provider’s negligence—such as misdiagnosis, surgical mistakes, or failure to deliver adequate care—results in a preventable death.
Premises Liability
Our team is dedicated to pursuing accountability for those at fault. This includes cases where a healthcare provider’s negligence—such as misdiagnosis, surgical mistakes, or failure to deliver adequate care—results in a preventable death.
Defective Products
We represent families in cases where dangerous or defective products cause fatal injuries, which means that manufacturers, distributors, or retailers are held responsible for their role in the tragedy.
Workplace Accidents
We seek justice for families affected by preventable workplace accidents, such as falls, machinery malfunctions, or exposure to hazardous materials, that tragically result in wrongful death and profound loss.
Criminal Acts and Inadequate Security
Wrongful deaths caused by criminal acts, such as assaults or robberies, often stem from a property owner’s failure to provide adequate security measures. We hold negligent parties accountable to prevent similar tragedies.
At Ferraro Law, we use our experience to build strong cases that hold negligent parties responsible, helping families get the justice and compensation they deserve.
Deciding Whether to Hire a Wrongful Death Lawyer
Deciding Whether to Hire a Wrongful Death Lawyer
Facing a wrongful death case is an unimaginable and painful experience. The process involves navigating complex legal concepts, addressing challenges from insurance companies who try to limit payouts, and coping with the emotional strain of losing a loved one.
Working with a Florida wrongful death attorney can provide guidance in filing a case, showing liability, and pursuing compensation for lost wages, medical expenses, and other damages. This legal assistance helps alleviate some burdens, allowing you to go through the grieving process while the legal aspects are managed.
Wrongful Death: Compensation for
Surviving Family Members
Wrongful Death:
Compensation for Surviving Family Members
In wrongful death cases, no amount of money can ever make up for the loss of a loved one. However, it can help recognize the deep loss felt by the family and ease the financial strain that comes with a preventable death.
Potential damages include:
Medical and End-of-Life Expenses
Reimbursement for the final medical treatments, funeral, and burial costs.
Lost Wages and Future Support
This includes the decedent’s lost income, benefits, and financial contributions to the family’s long-term stability.
Loss of Companionship and Guidance
The emotional void left by a loved one’s passing and the absence of their support, advice, and care.
Pain and Suffering of Surviving Family Members
To recognize the distress, anxiety, and emotional trauma that accompany an untimely and preventable loss.
What to Look for in a Wrongful Death Attorney
What to Look for in a Wrongful Death Attorney
Choosing the right lawyer for your wrongful death case is an important and personal decision. As you consider your options, look for:
Relevant Experience
Seek a wrongful death lawyer with a proven track record. At Ferraro Law, our background in many wrongful death cases means that we know how to navigate complex issues, from establishing liability to working with expert witnesses.
Compassion & Communication
Losing a loved one due to someone’s death caused by negligence is emotionally devastating. Your attorney should not only have legal experience but also show empathy, patience, and an understanding of your unique situation.
Resources & Reach
Experienced wrongful death attorneys have the resources to conduct a thorough investigation, gather evidence from the discovery process, consult with financial experts to calculate damages, and handle negotiations with the insurance company or at fault party. If needed, they can even take your civil lawsuit to trial.
No Upfront Costs
A contingency fee arrangement means that you pay nothing upfront, easing the financial burden during an already difficult time. This approach allows you to seek justice and pursue rightful compensation in a wrongful death lawsuit without worrying about added financial strain.
What to Expect When You Partner with Ferraro Law
What to Expect When You Partner with Ferraro Law
Partnering with Ferraro Law means you’ll have an experienced legal team on your side, one that provides personalized guidance, clear communication, and strategic advocacy to help you pursue the best potential outcome for your case.
We believe in providing compassionate and individualized legal representation. We take the time to listen to your story, gaining a deep understanding of the relationship you shared with the deceased and the impact their loss has had on your life. By focusing on these personal details, we tailor our legal strategies to address your unique needs and ensure that every step we take aligns with your goals and circumstances.
Our team stays updated and well-informed about state laws, including updates to wrongful death statutes. This allows us to navigate the legal process effectively and advocate for outcomes that align with your needs.
Many wrongful death cases are resolved through settlements. If an agreement can’t be reached, we’ll be ready to take your case to court, working for a verdict that fully reflects your losses.
With no upfront costs to worry about, you can concentrate fully on your health and well-being, rather than being burdened by concerns over legal expenses.
At Ferraro Law, we offer clear and easy-to-understand legal guidance to help you navigate the wrongful death process. We explain complex legal terms and requirements and make sure you feel informed and confident at every step.
Although we are based in Florida, Ferraro Law can handle wrongful death claims from anywhere in the country. We combine broad resources with the personalized attention you deserve.
Our experience and compassionate approach is what sets us apart. We never want you to feel lost in a massive bureaucracy—our goal is to maintain the support and fierce representation you need during this challenging time.
Client Experiences
Client Experiences
When families face the heartbreak of a wrongful death, they turn to Ferraro Law for empathetic guidance and unwavering support. By attentively listening, honoring their loved one’s memory, and pursuing fair compensation, our attorneys provide a steady presence during a profoundly difficult time. While no legal outcome can replace a cherished life, the settlements or verdicts achieved often offer financial stability and a sense of justice. Ferraro Law helps grieving families navigate legal complexities with care, providing a path toward comfort and peace amid their loss.
“You not only told us it was going to be okay, you showed us that it’s going to be okay.”
SUZANNE
ASBESTOS & MESOTHELIOMA
Thank you so much for all your hard work. It was truly appreciated! My thanks to you for making us feel so very special.
M.S.
You have brought joy (to say nothing about funds) to our humble home. You continue to act on my behalf relentlessly and I thank you for that.
B.G.
I would like to personally thank you and your associates for your efforts on behalf of my husband, Ken. He enjoyed many conversations with you and your staff during his illness. Your help was very much appreciated.
D.R.
Thank you all for bringing justice for my dad and family. The folks @Ferraro law firm. Our Heroes.
The Steps Your Lawyer Will Take in a Wrongful Death Case
The Steps Your Lawyer Will Take in a Wrongful Death Case
When you hire a wrongful death lawyer, they will guide you through the steps to seek fair compensation with empathy and legal expertise.
1
Initial Consultation and Case Assessment
Your attorney begins by listening carefully to your account of the fatal accident, understanding the circumstances of your loved one’s passing, and identifying any potential defendants. They will explain the applicable state law, including the statute of limitations for wrongful death, and clarify your legal rights. At this stage, the attorney reviews your situation to see if there are grounds to file a wrongful death lawsuit and creates a plan that fits your case.
2
Evidence Gathering and Investigation
Building a wrongful death case involves conducting a thorough investigation. Your lawyer will collect medical records, accident reports, witness statements, surveillance footage, and other relevant evidence. They may work with experts in fields like accident reconstruction, medical analysis, or financial planning to establish the full scope of your losses and prove liability in fatal accident cases. This comprehensive approach helps the wrongful death attorney present a clear case.
3
Identifying Liable Parties and Determining Damages
Your lawyer identifies who is legally responsible by showing that they had a duty of care, failed to uphold it, and that failure caused the death. They’ll carefully evaluate whether the responsible party acted negligently, recklessly, or otherwise wrongfully. In addition, your attorney will calculate damages, including medical bills, funeral costs, lost wages, and the loss of companionship, so that the compensation reflects both the emotional and financial impact on the family and the estate.
4
Negotiating with Insurance Companies and Opposing Counsel
In many wrongful death cases, insurance companies represent the defendants. Your attorney will communicate with insurers, present evidence, and argue for a fair wrongful death settlement that recognizes your loved one’s contributions and the magnitude of your family’s losses.
5
Filing a Wrongful Death Lawsuit and Preparing for Trial
If settlement negotiations don’t result in an agreement, your wrongful death lawyer will file the lawsuit in civil court. They’ll manage all steps, deadlines, and handle the discovery process, which may include depositions, sharing evidence, and reviewing expert reports. As the case moves forward, your attorney will prepare for trial by building a strong argument, questioning witnesses, and presenting evidence that demonstrates the defendant’s negligence and the profound impact of the wrongful death.
6
Ongoing Support & Communication
At every step, your lawyer will keep you informed, answer your questions, and clarify your options. This constant communication means that you remain an active participant in your case, making decisions based on clear, reliable guidance.
Meet Your Wrongful Death Attorneys
Meet Your Wrongful Death Attorneys
Learn More About Our Team
In wrongful death cases, Ferraro Law’s attorneys understand that no legal outcome can replace a loved one’s presence. James L. Ferraro Jr., Marc P. Kunen, and Daniel J. Di Matteo approach each family with empathy and dedication, drawing on years of experience in handling wrongful death lawsuits. Their goal is to secure fair compensation, honor your loved one’s memory, and help you find stability and peace of mind as you move forward.
James L. Ferraro Jr.
James handles high-stakes injury and environmental cases, focusing on toxic torts, product liability, and public impact litigation. He leads the firm’s national MDL work and has helped recover tens of millions of dollars for cities, families, and individuals harmed by corporate negligence.
Marc p. Kunen
Marc focuses on complex injury and product liability cases, including asbestos, toxic torts, and wrongful death. He’s secured some of Florida’s largest verdicts—like a $70 million award in 2019—and plays a key role in the firm’s national trial strategy.
Daniel J. Di Matteo
Daniel leads major product liability and toxic exposure cases, including Ferraro Law’s Roundup litigation. A seasoned trial attorney, he’s secured multimillion-dollar settlements and helped drive some of the firm’s most high-stakes wins against corporate giants.
Frequently Asked Questions
Frequently Asked Questions
01.
Who can file a wrongful death case in Florida and beyond?
02.
How long do I have to file a wrongful death lawsuit?
The statute of limitations is the time limit for filing a wrongful death lawsuit, which varies by state. In most cases, surviving family members have two to four years from the date of death to file a case, though some jurisdictions may have different deadlines. In Florida, the statute of limitations for a wrongful death case is two years from the date of death. These timelines are strictly enforced, so it’s important to consult a wrongful death lawyer as soon as possible to protect your right to seek compensation.
03.
What types of damages can be recovered in a wrongful death suit?
Wrongful death damages typically cover the financial, emotional, and personal losses experienced by surviving family members. These may include medical bills incurred before death, funeral and burial costs, lost wages and benefits the deceased would have contributed, and non-economic damages for the loss of companionship, guidance, and emotional support. In cases of gross negligence or particularly harmful behavior, punitive damages may also be awarded to hold the defendant accountable.
04.
How do I prove wrongful death and establish liability?
To prove wrongful death, the plaintiff must show that the defendant owed a duty of care to the deceased person, that the defendant breached this duty through negligence or a negligent act, and that this breach directly caused the death that occurred. Evidence might include witness statements, expert testimony, safety reports, medical records, and documentation showing how the defendant’s actions deviated from a reasonable standard of care.
05.
Will my wrongful death action settle or go to trial?
Most wrongful death cases are settled out of court, giving families financial compensation faster and avoiding the stress of a trial. These settlements usually come from negotiations with the defendant’s insurance company. If a fair settlement isn’t reached, the case can go to trial in civil court.
06.
Can Ferraro Law handle my case if I live outside of Florida?
Absolutely. Our wrongful death attorneys have experience handling cases both in Florida and across the country. We carefully evaluate the relevant state laws to ensure the appropriate party files the case. This approach safeguards the rights of all eligible family members and beneficiaries, helping them pursue justice and financial compensation for their loved one’s preventable death.
have more questions?
glossary of key terms
glossary of key terms
Wrongful Death
A legal term referring to a death caused by another party’s negligence or misconduct. Surviving family members may file a wrongful death case or wrongful death lawsuit to seek compensation.
Wrongful Death Lawsuit
The formal legal process of filing a case or claim in civil court, requesting compensation for wrongful death. This lawsuit may result in a wrongful death settlement or go to trial.
Statute of Limitations Wrongful Death
The statute of limitations is the legal deadline for filing a wrongful death case, and it varies from state to state. Missing this deadline usually means losing the right to pursue compensation. This is why consulting an attorney as soon as possible can be so important.
Duty of Care
A legal responsibility to act in a way that avoids causing harm to others. In wrongful death cases, showing that the defendant owed a duty of care is a critical part of the case.
Breach of Duty
When the defendant fails to meet the required standard of care, resulting in harm or the death of a loved one.
Causation
The link between the defendant’s breach of duty and the fatal accident. Without establishing causation, a wrongful death case cannot succeed.
Damages
The losses or harm suffered by surviving family members due to the wrongful death. Damages may include medical expenses, lost wages, loss of companionship, funeral costs, and pain and suffering.
Compensation for Wrongful Death
The financial payment intended to address the family’s economic and non-economic losses, ensuring they have the means to rebuild and find stability after losing a loved one.
Wrongful Death Settlement
An agreement reached outside of court, where the defendant’s insurer or legal team agrees to pay a certain amount to the family in exchange for ending the lawsuit.
Verdict
A decision made by a judge or jury if a wrongful death case goes to trial. The verdict determines whether the defendant is liable and, if so, what damages should be awarded.
Personal Injury Attorney Florida
A lawyer who handles cases where victims are harmed by another’s negligence. In wrongful death cases, this attorney works on behalf of surviving family members and the deceased person’s estate. These attorneys can work on cases in Florida and across the US.
Proving Liability in Fatal Accident Cases
The process of proving that the defendant’s actions—or failure to act—directly caused the death. This requires evidence and, in many cases, expert testimony to connect the defendant’s negligence to the loss.
what’s next?
what’s next?
Attorney Referral
attorney referral program
Ferraro Law is nationally renowned for achieving significant results in complex personal injury cases. Firms across the country refer clients to Ferraro Law, recognizing our commitment to exceptional service, groundbreaking results, and readiness to tackle cases others find too risky or costly.
