Lawyers can assist families of those lost in Miami’s Surfside residential building collapse.

Miami – June 28, 2021

As residents of a 12-story oceanfront condo in Florida slept, part of their building suddenly crumbled to the ground around 1:30 a.m. on Thursday.  The disaster at the Champlain Towers South Condo in Surfside continues to leave families with concern for the over 150 people that are still missing.   The death toll continued to climb to 9 people over the weekend as Miami-Dade Fire Rescue and volunteers pulled individuals from the rubble, despite dangerous circumstances surrounding the collapse of about ½ the units in the northeast corridor of the 136-unit complex.  Families of the missing residents, who may be from different states and countries, were taking to the site and are trying to hold onto hope that their loved ones survived the collapse and will be found alive.  The  process has been slow and dangerous for rescue workers and about 100 family members were taken to tour the site on Sunday as they wait for some bit of good news.

Families of those lost in the disaster should contact legal counsel for guidance on next actions against negligence that may have caused the loss of individuals from other places, including South America, tourists, and retirees from the Northeast, actions may be varied in accordance with other laws.

Wrongful death.

In the State of Florida, if a person dies due to a wrongful act caused by negligence, breach of contract or default, a wrongful death attorney may assist a deceased person’s estate may file a civil suit for a legal remedy for the death and losses related to it.  Florida Statutes section 768.19 states that when a person’s death “is caused by the wrongful act, negligence, default, or breach of contract” of another person or some other entity, the estate of the deceased person may bring a civil lawsuit in Florida’s courts, seeking a legal remedy for that death and the losses stemming from it.

Statute of limitations.

A wrongful death lawsuit in Florida must be filed within two years of the date of death in most cases, according to Florida Statutes section 95.11(4)(d). The deadline may be postponed, under a few very specific circumstances making legal representation valuable.

Damages.

Monetary damages can only be sought after in a wrongful death civil action by a representative of the deceased’s estate, but if the death was a result of criminal activity, punitive damages may also be sought after. Florida Statutes section 768.21 sets out the state’s rules for awarding damages in a wrongful death lawsuit. Damages are based on:

• support and services the deceased person provided to the family,
• loss of companionship, guidance, and protection provided by the deceased,
• mental and emotional pain and suffering due to the loss of a family member,
• medical or funeral expenses paid for the deceased person.

The deceased person’s estate may also recover certain types of damages. These include:

• lost wages, benefits, and earnings, including the value of lost earnings the deceased could reasonably have been expected to make in their lifetime;
• lost earnings the estate could reasonably have been expected to collect if the deceased person had lived; and
• medical and funeral expenses that were paid by the estate directly.

Seek legal counsel.

Individuals who have lost a loved one due to the negligence of another person may be able to file a wrongful death action and receive compensation for their horrific loss.  Contact a professional attorney at Scanlon &Wojton for consultation and guidance with your legal claim.

Scanlon & Wojton, Attorneys at Law

The Mitchell Building
304 Ross Street, Suite 510
Pittsburgh, Pa 15219

Phone:  (412) 918-1241

Fax: (412) 235-7275

Sources.

https://news.yahoo.com/those-missing-miami-condo-collapse-011541363.html

https://news.yahoo.com/florida-building-collapse-rescue-teams-144911288.html

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.21.html

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html