7 Jul

The Surfside Building Collapse & Wrongful Death Claims: What Florida Residents Need To Know About How To Recover Damages After Tragedy

Just after 1am on June 24th, 2021, a 12-story condominium just north of Miami Beach – the Champlain Towers South condo building in Surfside, FL – collapsed. It has been the focus of much of the news in Florida for the past two weeks.

At the time this blog article was published (July 7, 2021), search and rescue efforts are still underway, although the hope of finding victims alive is dwindling. So far, 46 people are confirmed dead and 109 others remain unaccounted for. Recovery efforts have been complicated by the structural instability of the building (the rest of which was collapsed in a controlled demolition Sunday, July 4th, to allow easier access for rescue crews) and by the weather (as Florida braced for Hurricane Elsa this week).

A disaster of this magnitude is incredibly tragic for the families of the missing and the victims. So many lives cut short or severely interrupted….so many grieving loved ones whose lives will never be the same. In this situation and in others like it, where people have been killed in an accident, finding justice and closure is the only thing that the victims’ families can do now.

Filing a wrongful death lawsuit can’t bring loved ones back, but it can give the families – both the ones affected by the Surfside tragedy and those who are affected by other building accidents – that justice and closure they seek. It can be a way to hold the guilty parties publicly accountable and provide the financial relief necessary to cover funeral costs, etc.

At least one lawsuit has already been filed against the condo association, and as the investigation continues and concludes, there are sure to be more. Potentially millions of dollars may be able to be recovered. The Florida Law Group has offices in Miami, and we are standing by ready to advocate for the families who have been forever changed by this tragedy. We are also prepared to handle any wrongful death case that stems from any Florida accident. If you lost a loved one in the Surfside collapse or have lost a loved one in an accident caused by someone else’s negligence, call today to schedule a free consultation and learn about how we can help you recover a settlement!

What damages can be sought in a wrongful death claim?

The first Surfside lawsuit is seeking damages for “equitable relief, restitution, disgorgement, reasonable costs and attorney fees, and all other remedies”. While not privy to all the details of that lawsuit, our attorneys have over 100 years of collective experience litigating wrongful death claims. We know that a plaintiff filing a wrongful death claim could theoretically pursue monetary compensation for every cost that they incurred related to the accident and loss of their loved one. This could include, but are not limited to:

Any medical expenses from the accident to the time of death. This could include ambulatory or air transport, emergency room care, surgeries, hospitalization, medication, imaging tests, etc. Unfortunately, the Surfside collapse happened too quickly for most of the deceased victims to receive medical care, although there were several survivors rescued who suffered major injuries (and who may also have claims), including one teenager who fell several stories.
Any death-related expenses, specifically.This could include funeral/memorial and burial expenses – the average cost of a funeral in the United States is around $8,000, but can go as high as $15-$20,000 depending on the area and amount of attendees, etc.
Lost wages. This is the amount that the deceased person would have earned and used to provide for their family until their anticipated retirement.
Loss of consortium This is a non-economic (intangible) cost of the love, affection, companionship, comfort, parental guidance, or spousal sexual relations that were provided by the deceased to the plaintiff(s).
Punitive damages. This is an amount designed to punish the negligent party and discourage similar acts of negligence in the future. We see this commonly with drunk driving cases where someone was killed, but could be awarded in any case where an example needs to be set going forward.
Disgorgement This amount is remedial rather than punitive, but still serves as a warning. Disgorgement is where the profits that the defendant illegally or unethically obtained are included in a settlement. In this Surfside collapse case, the money that the condo association made from rent and mortgage payments may be sought in the claim because an investigation may find that they knew structural repairs were needed, but had not taken action to protect residents.

Who are wrongful death claims filed against, and who can recover damages?

In the case of the Surfside condo collapse, we won’t know who all of the liable parties are until the investigations are complete. The aforementioned lawsuit was filed against the condo association, but other lawsuits could be brought against the construction company who built the building, the contractors who worked on the first build or subsequent restorations, the architectural firm that designed the building, or the building owners who procrastinated maintenance. In other cases, wrongful death lawsuits can be filed against any negligent party that contributed to the death of the victim.

The list of people who can bring this lawsuit against those defendants is shorter – they must be related to the victim. Parents of a deceased minor child, parents of an adult child when there are no other survivors, adult children, minor children, surviving spouses, and any other blood relatives or adopted relatives who were either partially or wholly dependent on the deceased for support are the only ones who can recover damages in a wrongful death claim.

If you believe you may have a case, call The Florida Law Group.

Lost a loved one in the Surfside collapse or in another accident caused by negligence? Call us today for a free consultation to learn more about your legal options. The Florida Law Group has recovered over $1 billion dollars for injured accident victims in our state. We are ranked in the top 1% of firms in the nation, and we have over 100 years of collective experience on our team. You never have to pay our fees unless we win your case. Call now!

What damages can be sought in a wrongful death claim?

Any medical expenses from the accident to the time of death. This could include ambulatory or air transport, emergency room care, surgeries, hospitalization, medication, imaging tests, etc. Unfortunately, the Surfside collapse happened too quickly for most of the deceased victims to receive medical care, although there were several survivors rescued who suffered major injuries (and who may also have claims), including one teenager who fell several stories.
Any death-related expenses, specifically.This could include funeral/memorial and burial expenses – the average cost of a funeral in the United States is around $8,000, but can go as high as $15-$20,000 depending on the area and amount of attendees, etc.
Lost wages. This is the amount that the deceased person would have earned and used to provide for their family until their anticipated retirement.
Loss of consortium This is a non-economic (intangible) cost of the love, affection, companionship, comfort, parental guidance, or spousal sexual relations that were provided by the deceased to the plaintiff(s).
Punitive damages. This is an amount designed to punish the negligent party and discourage similar acts of negligence in the future. We see this commonly with drunk driving cases where someone was killed, but could be awarded in any case where an example needs to be set going forward.
Disgorgement This amount is remedial rather than punitive, but still serves as a warning. Disgorgement is where the profits that the defendant illegally or unethically obtained are included in a settlement. In this Surfside collapse case, the money that the condo association made from rent and mortgage payments may be sought in the claim because an investigation may find that they knew structural repairs were needed, but had not taken action to protect residents.