Miami Wrongful Death Lawyer

Your Legal Advocate for Wrongful Death Claims

Attorney Thomas Scolaro has over 25 years of experience representing families who have lost loved ones due to negligence. As a dedicated wrongful death attorney, we provide compassionate legal guidance while fighting for the justice and compensation your family deserves.

Choose Scolaro Law To Represent Your Wrongful Death Lawsuit

The sudden loss of a loved one is shattering on its own, but when someone else’s negligence or recklessness causes that loss, it only compounds the tragedy with a profound sense of injustice, helplessness, and anger. While no amount of money can ever replace what was lost, pursuing a wrongful death claim is a crucial step toward restoring a sense of justice and providing financial security for those left behind.

At Scolaro Law, our commitment is as deep as your loss. We fight for justice, accountability, and the financial security you deserve while standing by your side every step of the way. Whether you are a grieving family seeking answers or a referral attorney looking for a trusted partner for your grieving client, we are all in from start to finish.

At Scolaro Law, Hustle and Heart are the core values that Set Us Apart.

What is a Wrongful Death Claim?

Top Florida Wrongful Death Attorney

A wrongful death occurs when the negligence, recklessness, or intentional misconduct of another causes a person’s death. These tragic events can result from a variety of incidents—from fatal car accidents and boating mishaps to medical malpractice and unsafe work environments. In a wrongful death lawsuit, the surviving family members recover tangible and intangible losses they have suffered as a result of their loved one’s passing.

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Common Causes of Wrongful Death

Wrongful death claims in Florida arise from incidents including, but not limited to:

Motor Vehicle Accidents

Fatal collisions involving cars, trucks, motorcycles, bicycles, or pedestrians.

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Boating and Maritime Accidents

Tragic incidents on the water—especially common in Florida’s coastal communities—including boating, jet skis, parasailing, paddle-boarding, snorkeling, and swimming.

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Cruise Ship Incidents

Cases involving falls, drownings, medical negligence, shore-excursion incidents, and failure to evacuate a gravely ill passenger or crew from a cruise ship.

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Medical Malpractice

Delays or errors in diagnosis, surgical mistakes, or medication errors that lead to fatal outcomes.

Construction Sites

Accidents on construction sites, industrial settings, or other hazardous work environments.

Defective Products

Faulty consumer goods or unsafe products that cause fatal injuries.

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Unsafe Premises

Incidents where property owners breach their duty of care by failing to maintain a safe environment.

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Negligent Security and Violent Crimes

Situations where a lack of security or negligence by a property owner results in deadly outcomes at the hands of a criminal.

If a loved one has been a victim of any of these situations, our experienced legal team is here to help. Contact us today for a free consultation.

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Notable Wrongful Death Verdicts & Settlements

Highlight Cases

Scolaro Law’s results speak for themselves. With relentless dedication, we have secured groundbreaking verdicts and settlements that honor the memory of lost loved ones and provide vital support for families moving forward. Our team handles each case with the determination and heart that sets us apart. Here are a few notable outcomes.

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Motor Vehicle Accident

$95.5 Million

Tom Scolaro secured a historic verdict for a Miami family after their 23-year-old daughter was killed and their 21-year-old son was left permanently disabled. The case involved a drunk driver—overserved at a local bar—who crashed into their car while speeding and going the wrong way on I-95.

Furniture Tip-over / Product Liability

$17.5 Million

A 2-year-old lost his life when a defective dresser was tipped over in the home. Tom Scolaro and his team of experts prompted the manufacturer to settle. As a result, the manufacturer reformed its entire dresser catalog to emphasize anchoring and tip-over risks.

Multiple Defective Products

$10.677 Million

Following a devastating house fire in Monroe County that claimed the life of a mother and her two children, Tom Scolaro’s thorough investigation uncovered multiple defective products that contributed to the tragedy. This complex and emotionally challenging case, drawn from over 100

Parasailing Accident

$32 Million

A young couple lost their lives in a parasailing accident caused by the boat captain’s failure to monitor severe weather conditions, leading to the parasail crashing into the water.

Carbon Monoxide Poisoning

$11.75 Million

In a case where negligence led to carbon monoxide poisoning—resulting in a husband’s death and a wife’s traumatic brain injuries—our diligent work underscored the facility’s failure to maintain safe conditions, including the failure to inspect and perform repairs by professionals.

Fatal Electrocution

$10 Million

A young child tragically lost her life when she retrieved a golf ball from an energized water pond at a miniature golf course. Tom Scolaro’s investigation revealed that improper in-house repairs, rather than professional electrical work, had led to the dangerous electrification of the water.

Understanding Florida’s Wrongful Death Act

Start Your Journey Towards Justice

Florida’s Wrongful Death Act (Fla. Stat. §768.21) allows a designated personal representative of the deceased’s estate to file a civil action on behalf of the survivors. Unlike a criminal case—where the focus is on punishment—a wrongful death suit is a civil case aimed at obtaining compensation for losses such as lost wages, funeral expenses, and the deep emotional pain caused by the sudden loss.

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Who Can File a Wrongful Death Claim in Florida?

Florida law specifies that only certain family members and dependents are eligible to recover compensation through a wrongful death claim. This ensures that the award is directed to those who have been most deeply affected by the loss.

Eligible Beneficiaries – Statutory Survivors

  • Spouse: The surviving spouse may recover damages for the loss of companionship, emotional support, and future financial contributions.
  • Children: Minor children can claim damages for the loss of parental guidance, nurturing, and financial support. In some cases, even adult children may qualify.
  • Parents: If the deceased was a minor or if there was no surviving spouse or children, parents may be eligible to receive compensation.
  • Other Dependent Relatives: Blood relatives or adoptive siblings who were financially or emotionally dependent on the deceased may also have standing.

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What Compensation Can Families Recover?

A wrongful death claim is designed to address both the economic and non-economic losses incurred by surviving family members.

Economic Damages

These damages are intended to cover quantifiable financial losses:

  • Medical Expenses: Costs incurred before death, such as hospital bills, surgeries, and emergency care.
  • Funeral and Burial Costs: The funeral, burial, or cremation expenses.
  • Lost Income and Benefits: The projected wages, bonuses, and benefits the deceased would have earned over their lifetime.

Non-Economic Damages

Non-economic damages compensate for more subjective losses that impact quality of life:

  • Loss of Companionship: Particularly for spouses, the absence of a life partner who provided love and support.
  • Loss of Parental Guidance: Children may suffer from the loss of direction, mentorship, and care a parent provides.
  • Emotional Distress: The deep emotional trauma, sorrow, and mental anguish that families experience after an untimely loss.

Punitive Damages

In circumstances where the responsible party’s conduct was especially egregious—such as cases of gross negligence, reckless disregard, or intentional harm—courts may award punitive damages. These are intended not only to punish the wrongdoer but also to deter similar behavior in the future.

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Decades of Wrongful Death Litigation in the State of Florida

Why Families Choose Scolaro Law

When you are facing the unimaginable loss of a loved one, you deserve a legal team that cares as deeply as you do. At Scolaro Law, we are your relentless advocates. Our promise is simple: Hustle and Heart set us apart. When you choose Scolaro Law, you choose a team that treats your case as if it were our own.

Compassionate Representation

We know that every family’s journey is unique. From your very first call, we provide empathetic support and personalized guidance.

Aggressive Litigation Strategy

We are committed to fighting for the maximum compensation you deserve, whether through vigorous settlement negotiations or by taking your case to trial.

Communication & Transparency

Our clients do not need to fight for our ears. We communicate with our clients every step of the way and explain our strategies openly and transparently. There are no surprises.

Proven Success

Our record of success in wrongful death cases reinforces our commitment to justice. We work tirelessly to honor the memory of your loved one while maximizing our client’s recovery.

What Our Clients Are Saying

“My family and I are extremely blessed to have had Tom and his team represent us during the most difficult time of our lives.”

Tom’s tireless work ethic was evident, revealed to us through constant communication and updates throughout the lengthy process. Tom handled our case as I would have handled it, if I had his legal expertise, with relentless determination, ferociousness, professionalism and integrity. That being said, his kindness, compassion and transparent genuine dedication to me and my family showed in every interaction. For whomever is reading this, and is considering being represented by him and his team, I will leave you with this, making this decision can and will alter the trajectory of your life. It has for me and my family, I wish you well, choose wisely.

Fran

What Our Clients Are Saying

“Highly Talented, Honest, Compassionate Lawyer”

My wife suffered a serious injury when we were visiting Miami. We hired an injury lawyer who failed to get us a satisfactory settlement after many months. We transferred our case to Tom and his team. Tom, Renaud and the rest of the team care deeply about their clients and go far beyond the client/attorney relationship. Our experience with Tom and Renaud was very satisfactory from the first moment we consulted with Tom. Tom and Renaud always responded quickly and effectively to all our questions. They did a brilliant work investigating and researching evidence, interviewing witnesses, and preparing for mediation. Tom hired a professional photographer to produce a short documentary video to highlight the amount of pain and suffering which my wife and every member of our family have suffered due to the injury. This video in addition to the many talents of Tom have ensured the satisfactory settlement which we got. Tom helped us to achieve a very satisfactory settlement, which was more than double what our first attorney managed to negotiate. The amount of investigation and research which Tom and Renaud put in our case was unbelievable. The way and strategy that Tom used to negotiated with the insurance company was amazing. Tom is an honest, compassionate, and extremely talented attorney, and above all he is a great negotiator. I would highly recommend him, and his amazing team, to anyone who needs a personal injury lawyer. 

O.R.

What Our Clients Are Saying

“I would highly recommend Scolaro Law to anyone that needs someone on their side.”

Tom and his whole team were great. My suit took a long time, and they explained and guided me through every step. They were patient and kind, and made sure it was as easy for me as they possibly could. They didn’t just care about how much of a settlement they could get; they cared about the bottom dollar for Me. They didn’t just work the case; they understood it. Their knowledge of the legal system, what works and what doesn’t, is hard to find. I would highly recommend Scolaro Law to anyone that needs someone on their side.

Maria

What Our Clients Are Saying

“It was truly a pleasure to work with all the team of Scolaro Law.”

From our very first consultation, Thomas Scolaro was knowledgeable, compassionate, and genuinely invested in my case. Tom and his legal assistant Barbie took the time to explain every step of the legal process, ensuring I fully understood my options and potential outcomes. They were always prompt in responding to any questions or concerns I had, making me feel supported and well-informed throughout. Thomas’s expertise and dedication truly showed in the handling of my case. He fought tirelessly to achieve the best possible result, and thanks to hard work of all Scolaro law team, the outcome exceeded my expectations. It was clear that the team not only knew the law inside and out but also genuinely cared about my well-being. If you’re looking for a professional, compassionate, and highly skilled attorney, I wholeheartedly recommend Thomas Scolaro and I am grateful to have had him by my side.

Nataliia

We are the firm Referral Attorneys Call with their Wrongful Death Cases

For referral attorneys handling wrongful death cases in Florida, Scolaro Law is a trusted partner known for our unwavering dedication and exceptional results. We treat every referred client with the same Hustle and Heart—that is our core value and promise.

What Makes Us the Preferred Choice?

  • Plaintiff’s Law Firm: We are a 100% plaintiff-driven practice. Our sole focus is personal injury, ensuring unparalleled handling of wrongful death cases.
  • Trial-Ready Attorneys: Every case is prepared with a trial-ready mindset, so you know your client is in the best hands at every step.
  • Seamless Co-Counsel Process: We maintain clear communication at every stage, ensuring you are fully informed and updated.
  • Track Record: With hundreds of millions recovered for our clients, our results speak for themselves.
  • Local Insight: Our deep knowledge of Florida’s legal landscape, from Miami to the Florida Panhandle, from Key West to Central Florida, ensures that your Florida cases benefit from experienced local attorneys.
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If you’ve been injured, let Scolaro Law help. Contact us today for a free consultation and take the first step toward justice.

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Frequently Asked Wrongful Death Questions

A wrongful death occurs when a person dies as a result of someone else’s negligence, recklessness, or intentional misconduct. Under Florida law, this can include fatal car accidents, medical malpractice, defective products, and other incidents where a duty of care was breached.

In Florida, only specific family members or dependents are eligible. This typically includes the surviving spouse, children, parents (if there is no spouse or children), and other relatives who were financially or emotionally dependent on the deceased.

The personal representative is the individual designated (either by the will or by the court) to manage the deceased’s estate. This person files the wrongful death lawsuit on behalf of the surviving beneficiaries, ensuring that all claims are pursued and that the compensation is distributed fairly.

Florida law imposes a strict two-year statute of limitations for filing a wrongful death lawsuit from the date of death. There are exceptions in certain circumstances, so it is critical to consult with an experienced attorney as soon as possible.

Damages in a wrongful death claim typically fall into three categories:

  • Economic Damages: Covering medical bills, funeral costs, and lost income.
  • Non-Economic Damages: Addressing the loss of companionship, parental guidance, and emotional suffering.
  • Punitive Damages: Awarded in cases of gross negligence or intentional harm to deter future misconduct.

Yes. In many instances, the lawsuit can be initiated even if the personal representative has not yet been formally appointed. Our team will guide you through this process to ensure that your claim is filed correctly and within the legal time limit.