GOLDLAW – West Palm Beach Personal Injury Lawyers, Car Accident, Slip & Fall – Law Offices of Craig Goldenfarb

Tag: Wrongful Death

  • Champlain Towers Collapse Update – Where We Go From Here

    [vc_row][vc_column][vc_column_text]On Thursday, June 24th, 2021, the unthinkable happened when the Champlain Towers South, a 40-year-old condo building located in Surfside, Florida, collapsed. The catastrophic failure has left at the time of publishing nearly a hundred dead with at least fifty residents still missing. Of course, there are many questions surrounding this horrific tragedy, but the most important one still lingers: could this collapse have been prevented, and where do surviving families and those affected go from here?

    Could the Champlain Towers Condo Collapse Have Been Prevented?

    While the cause of the collapse is unknown at this moment, in just two week’s time, several sources have come forward citing they alerted the building’s management of significant structure damage, standing water, and cracked concrete. Management companies must maintain a safe environment for residents and employees, including ensuring that dwellings are well-managed both aesthetically and structurally.

    Unfortunately, when procedures aren’t followed, tragedy can strike. In this case, the management’s failure to act could be a key factor in this horrific accident that has shaken Florida residents.

    Why Structural Integrity Concerns Went Largely Unaddressed

    The building itself was going through a “40-year safety certification process” which according to ACG Engineering Services Inc. is “required for buildings 40 years or older that are located in Broward and Miami-Dade Counties. An inspection and recertification are repeated every 10 years following the building’s 40th year anniversary.” Broward County created the program in 2005 and it became effective throughout Broward County in January 2006.

    “Modeled after Miami-Dade County’s program, which was established in the mid-1970s, Broward’s program calls for structural and electrical safety inspections for buildings 40 years old or older and every ten years thereafter. By having such a program in effect we are minimizing the possibilities of future building failure and will be better prepared for hurricane winds.” Source: broward.org

    The minimum guidelines require reporting on elements like walls, cracks, roof, framing systems, rebar corrosion and more. Yet a 2018 report shows there were concerns about the building’s structural integrity even three years ago. It identifies “major structural damage” to the concrete slab the building’s ground-floor pool deck rested on.

    The report also highlighted cracked columns and a parking garage that often flooded with corrosive saltwater. Worse, the report goes on to note that many efforts to fix problems like exposed rebar in the parking garage columns also failed. Under the pool deck, “where the slab had been epoxy-injected, new cracks were radiating from the originally repaired cracks,” the report said. The firm responsible for the report, Morabito Consultants, was later hired in 2020 to complete the 40-year safety certification and catalog repairs that needed to be done.

    “At the time of the building collapse, roof repairs were underway, but concrete restoration had not yet begun,” a statement from Morabito Consultants said.

    More concern remain.

    Why Were Residents Ignored?

    Additionally, residents have come forward with prior complaints they made about a neighboring construction site. They claimed the noise from the site was causing the building to shake constantly and they were worried about the integrity of their own building. When reviewed, the management company stated they were unable to pursue any action because the construction site in question was just outside of the city’s jurisdiction.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/2″][vc_video link=”https://www.youtube.com/watch?v=IPI3Zpn8rEE” align=”center” css=”.vc_custom_1626142269644{margin-top: 25px !important;margin-bottom: 25px !important;}”][/vc_column][vc_column width=”1/2″ css=”.vc_custom_1626142364495{margin-top: 25px !important;margin-bottom: 25px !important;}”][vc_column_text]As for concerned residents in similar building types, Mr. Craig M. Goldenfarb, Esq., founding partner of our law firm, was quoted by local CBS affiliate CBS12 on the morning of June 29th, 2021 urging residents to “go to your HOA and demand to review recent inspection reports or structural integrity certification analysis, reviews, or audits.”

    More Posts on the Topic: Surfside Towers Collapse – How Could It Have Happened?[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]While most HOAs regularly perform inspections of buildings, they do not necessarily release the results. HOA’s have an incentive to be secretive and less than forthcoming when it comes to these kinds of issues, as repairs are often costly and mean special assessments must be paid for by residents.

    Moreover, insist your HOA is up to date on the latest training and qualifications for the building and residents’ safety. Ask that they properly communicate what they are actively doing to abide by the newest and more relevant guidelines. Associations should take every measure possible to adhere to all procedures and policies that keep communities safe.

    What Happens When a Building Collapses

    Unfortunately, the Champlain Towers disaster is not an isolated incident. The first recorded building collapse happened in Washington D.C. in 1922 as a result of a build-up of snow on the building’s roof which caused it to cave in on more than 1,000 people. Sadly, the event caused 133 injuries and 93 deaths. Luckily almost 50 years passed without incident – until a luxury condo building in Boston collapsed in 1971 due to cheap, low-quality concrete.

    After this event, these tragedies became more frequent with causes ranging from illegal construction, under-researched building techniques and improper foundations.

    • New York – Aug. 3, 1973: The University Hotel had a basement that had been illegally altered which was the key in its collapse that killed four.
    • Connecticut- April 23, 1987: L’Ambiance Plaza collapse killed 28 and at $41 million in compensation, was one of the largest settlements and sparked a federal investigation into the practice of lift-slab construction.
    • California – Jan. 17, 1994: The Northridge area experienced an earthquake which is certainly something unable to be controlled. However, when the Northridge Meadows apartment parking area collapsed onto the first-floor units, it crushed them completely and killed 16 people. What was avoidable is the “soft-story construction,” which is a large open area on the ground floor, are to seismic activity.
    • Pennsylvania – June 5, 2013: In a case of gross negligence, a Philadelphia building being demolished fell onto a Salvation Army located next to the site and resulted in six deaths and 14 injuries. Two workers involved were convicted of voluntary manslaughter. A civil case would have certainly followed as the demolition company was a private company.
    • Louisiana – Oct. 12, 2019: Unsafe building practices and insufficient structure support was the cause of collapse for The Hard Rock Hotel in New Orleans which killed three workers and injured dozens of others.

    Source: The Daily News

    Sadly, the deadliest incident occurred on July 17, 1981, in Kansas City, MO, when the second and fourth-story walkways inside a hotel collapsed onto the lobby, killing 114 and injuring 200. A deeply tragic story that upon further investigation showed an incredible amount of wrongdoing, mismanagement, and a long list of other issues which could have been easily avoided and saved countless lives.  Many engineering classes use this as a case study to examine the safest practices in building and provide training and guidelines to ensure something like this does not occur again.

    Florida is no stranger to these occurrences; just three decades ago in Cocoa Beach, The Harbour Cay Condominium building collapsed a mere hours before construction was completed, killing 11 workers and injuring more than 20 people.

    The common thread between all of these events is legal action to hold those responsible for injuries and loss of life when a multi-story building collapses. A catastrophic event due to negligence can have a devastating impact on countless lives and it is critical to have accountability through legal action for justice, compensation and peace of mind. Our team of critical injury and wrongful death lawyers at the Law Offices of Craig Goldenfarb, P.A. understand your legal rights and are not only committed to getting you the maximum amount of compensation possible but helping you recover, so your life can move forward as soon as possible.

    What is next for the families of the Miami condo tower collapse? Preparation. Due to the delicate recovery and investigative efforts to identify the fault of the collapse may not begin for weeks, months, or even years. It is critical for victims and the family members of victims to hire a lawyer with proven litigation experience. With upwards of 150 victims who lost their lives in this terrible tragedy, their family members will need a firm that has a combined 150 years of courtroom experience and hundreds of millions of dollars in gross settlements over the 20 years we have been representing clients.[/vc_column_text][vc_column_text][/vc_column_text][templatera id=”5675087″][vc_column_text]

    How Our Team is Prepared to Serve you in High-Profile Wrongful Death Cases

    At the Law Offices of Craig Goldenfarb, P.A., our Critical Case team handles our wrongful death claims and clients throughout Florida. Craig Goldenfarb, Esq. personally manages this team, along with his highly-experienced and qualified team of litigators.

    Our attorneys are incredibly accomplished, with hundreds of millions of dollars in combined settlements & verdicts, and a sterling reputation for being tough, fair, and thorough with every one of our clients.

    Our attorneys are Board-Certified in Civil Trial Law by the Florida Bar, are AV-Rated Preeminent by Martindale-Hubbell, and have appeared in SuperLawyers, VerdictSearch, and Attorney at Law Magazine publications. Most of our attorneys have been litigating for 25 years or more.

    The Mistakes of Others Can Cost You Your Life

    Life is not accident-proof but through the exercise of regular care, basic safety measures, and proper oversite, catastrophes like the Champlain Towers South condo collapse could become more preventable. The incident has left condo-owners and residents with many questions and many more fears.

    What Should Occupants Expect from a Building Management?

    • Disclose information about safety measures for occupants
    • Release any critical information about the building’s structural soundness to residents immediately
    • Regular upkeep and repairs as well as cyclical maintenance

    How to Determine if a Premise Accident or Wrongful Death is Due to Negligence?

    Under Florida law, the property owner or the possessor of the property is liable for injuries that result from a dangerous condition on the property.  Owners and possessors owe a duty of care to maintain the property and to protect individuals who enter the property from the unreasonable risk of harm. A case must have four elements to be considered a premise accident of wrongful death:

    • Negligence: This includes the carelessness, recklessness or negligent actions exhibited by the defendant.
    • Causation: The Plaintiff must prove that damages occurred directly from the negligent action.
    • Damages: Quantifiable damages must be generated in order to prove the validity of the case.
    • Breach of Duty: Proof that a defendant owed duty to a plaintiff and that that duty was breached is critical. In the case of the Champlain Towers, the building’s management and maintenance crew had the duty to perform all necessary upkeep and repairs to keep the building safe for residents. Their negligence is what most likely caused the preventable collapse.

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    What Damages Can Be Recovered in a Wrongful Death Case?

    Some of the most common damages that occur around a Wrongful Death case include:

    • Funeral costs
    • Medical expenses prior to death
    • Lost consortium
    • Lost monetary support
    • Lost companionship
    • Pain and suffering

    Our Florida wrongful death attorneys have extensive experience helping the families of wrongful death victims throughout all the counties of Florida. We understand that the grieving period after a loved one passes away is an important time, and legal matters are nowhere near the top of your priority list. However, it is important to act swiftly in retaining legal representation when the decedent’s passing was caused by an act of negligence from someone or something else. That’s because the time period within which you have a right to file a lawsuit is limited.[/vc_column_text][/vc_column][/vc_row]

  • Why are Florida Medical Malpractice & Wrongful Death Cases So Difficult to Litigate?

    Why are Florida Medical Malpractice & Wrongful Death Cases So Difficult to Litigate?

    When a loved one dies following a preventable medical error, people often seek help from an attorney. Unfortunately, under the intersection between Florida’s Wrongful Death Act, and the medical malpractice act, cause potential problems that could destroy a case before it ever begins. Read on to understand why.

    What is the Florida Wrongful Death Act?

    The Wrongful Death Statute has guidelines for who can bring a defendant to court in the event of a suspected wrongful death. Ordinarily, when someone dies as a result of the negligence of another, the survivors can file suit for the death of their loved one. These survivors ordinarily include a spouse and children of the deceased (regardless of their age).

    Unfortunately, when dealing with medical negligence, things are drastically different. The medical malpractice act specifies that if an adult over the age of 25 dies without a spouse or minor children (defined as children under 25 years old), no other family member can recover damages for pain and suffering after a wrongful death in a medical setting. What this means is that if you suspect a loved one died due to medical negligence, you can only file a malpractice lawsuit if you are the spouse or child under 25 of the victim.

    Sadly many people don’t find this out until after a loved one has died, and they learn that they have no legal recourse under the current legislation. When Gerald Giannillo, 51, died following a heart operation, his mother and long-term girlfriend were shocked to find out that no attorney could take their case for this exact reason.

    His girlfriend Tracey noted that they had discussed marriage, and had they known about this legal “loophole,” they would have made a point to get married before he had the surgery. Giannillo’s mother, Shirley Giannillo, says she isn’t concerned about financial damages, she just wishes there was some way to get an independent investigation into what went wrong with her son’s surgery.

    It’s important to note that Florida is the only state in the country with such a law, which some say amounts to a “free kill exemption” for doctors. Many in the medical industry find this term offensive, but the fact remains that a deceased patient with no spouse or minor children poses no financial liability to the doctor or healthcare facility.

    Alternatively, if the same medical practitioner were to kill a person with their vehicle, an adult child could still recover for the loss of their loved one. This creates an inexplicable contradiction between a medical practitioner killing someone on the road, versus killing them on the operating table.

    Florida also has a large population of widowed seniors, unmarried college students, and middle-aged single and divorced individuals whose children are over 25. For this reason, it’s estimated that more than half the state’s population falls into the “free kill” category.

    Florida uses the legislature to protect doctors specifically from wrongful death lawsuits

    How did Florida become the only state with such a problematic loophole in its wrongful death statutes? In 1990, the legislature changed an existing statute to allow adult children and parents of an adult child to bring wrongful death lawsuits in non-medical negligence cases — a right they didn’t have before. But medical negligence was specifically excluded.

    At the time, proponents of this legislation argued it was necessary to reduce healthcare costs in the state by lowering insurance premiums for doctors and healthcare facilities. They thought this would bring more qualified physicians and other healthcare workers to the state.

    Unfortunately, this has had the opposite effect. While healthcare costs continue to rise in Florida, along with the rest of the country, many providers who are sued for malpractice in other states move to Florida where they will be at lower risk of future lawsuits. Meanwhile, the state’s Medicare and Medicaid systems are not paid back for treatment in situations where no one has been able to prove medical negligence.

    Meanwhile, many Florida residents who are aware of the loophole feel it is unfair and unconstitutional, and some say it amounts to ageism or outdated ideas about what a family unit looks like. Essentially, many people are angry that the state believes their lives have no value if they don’t have a spouse or young children.

    In 2000, a case was brought to the state Supreme Court alleging “unequal protection” under the law for the adult children of a deceased patient. However, the Supreme Court upheld the constitutionality of the law, claiming it was necessary to improve healthcare access in the state. In February of 2018 an amendment to change the statute was proposed in the Florida house, but ultimately, the proposal was shelved after the committee chair called for a voice vote.

    Melody Page, who formed the Florida Medical Rights Association to fight the Wrongful Death loophole, says that politicians are simply too afraid of powerful insurance companies to do anything about the law. She’s right. But, the public can fight back – by hiring personal injury law firms like ours.

    How Craig Goldenfarb, P.A. fights back against negligence loopholes

    Simply put, our attorneys are fierce litigators who aren’t afraid of taking on difficult cases. Attorney Spencer T. Kuvin, Esq. has won several medical malpractice cases in pre-suit, in mediation, at at trial. Most recently, Mr. Kuvin won a very large settlement for the family of a young boy who died from a severe and acute ailment after a doctor had failed multiple times to attempt to diagnose him.

    Medical negligence and error are all around us in Florida. The problem is, the doctors and hospitals who provide care in our state are shielded by laws that financially and legally protect them from most civil complaints or lawsuits. We fight back by not being intimidated by that protection. We work hard to identify and provide what a doctor or health care provider did wrong (or what they didn’t do that resulted in injury) and we litigate with research, case law, theories of liability, experts, and our thorough understanding of the facts, allegations, and circumstances surrounding the case.

    If you or someone you know was permanently injured or killed by the hands of a health care provider, do not hesitate to contact us. Statute of limitations in Florida are short, and you do not want to risk your rights under the law expiring.

  • One Adult and One Infant are Dead After a Dump Truck Driver Collides with Multiple Vehicles

    One Adult and One Infant are Dead After a Dump Truck Driver Collides with Multiple Vehicles

    On Monday, August 6, a multi-vehicle crash caused by a dump truck led to the tragic death of a 2-month-old baby, and a 46-year-old man.

    Florida Highway Patrol reports that a dump truck driven by 74-year-old Daniel Ragan of Spring Hill collided with two other vehicles around 2:30 in the afternoon. The dump truck then overturned onto a van driven by 46-year-old David Garcia, of Inverness. Sadly, Garcia died at the scene.

    Two-month-old Asher Gaspard was a passenger in another of the eight vehicles struck by the dump truck. Gaspard was rushed to a local hospital, but ultimately died of injuries suffered in the crash.

    Charges are pending in the crash, although officials say alcohol was not a factor.

  • Motorcyclist Ryan Carter Killed After Being Repeatedly Run Over By Truck

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  • Father of 2 Teaching Son to Drive Killed After Another Car Crosses the Center Line, Causing a Collision

    A teenager in Winter Haven and his younger sister are now orphaned after a deadly collision on Sunday, July 7.

    Sandeep Beri, 57, was teaching his 15-year-old son to drive in their PT Cruiser. His 7-year-old daughter was riding in the backseat. Just before noon, a vehicle driven by 22-year-old Nanette Garcia crossed the center line and struck the PT Cruiser head-on, killing Beri and injuring his two children. The two minors are hospitalized and expected to recover, but sadly, they are now orphaned as their mother died of cancer in December.

    Authorities say the teenage driver was not at fault in the crash.

    “It wasn’t seconds. It was probably fractions of a second that she went from her lane of travel head-on into the vehicle. There was no time to react,” said Sheriff Judd of the Polk County Sheriff’s Office. “There is zero indication that he did anything but appropriately operate that motor vehicle. He was driving according to the rules.”

    Beri’s neighbor, Andrew Campbell, says Beri’s death has been a shock and loss to the neighborhood. “Every time I came out I would always get a wave and everything. When I first moved in here at the end of 2017, he was the first one who came over, and he offered us water and everything.”

    Campbell added that he hopes the children will be all right.

    “Sometimes these accidents and injuries carry on for a long time, emotionally or physically,” said Campbell. “I just hope they get better and come out the other side somehow.”

  • Dr. Jovan Rembert, Founder and Principal of West Park School, Struck and Killed by Car While Checking on Students in Bus Crash

    Dr. Jovan Rembert, founder and principal of West Park Preparatory School in West Park, died on Thursday, March 5, after being struck by a car following a bus crash.

    Authorities say the accident happened around 2:30 PM along West Hallandale Beach Boulevard and Southwest 40th Avenue. When Rembert heard one of his school buses had been involved in a fender-bender, he rushed to the scene to make sure his students were okay. While crossing a street, he was struck by a Dodge Charger which kept going around the block, before circling back. At that point, the driver remained on the scene.

    Rembert founded the West Park Preparatory School, and was remembered by students and community members as a caring person who would give the shirt off his back to someone in need.

    “This is a tremendous loss for West Park Preparatory School and our community,” West Park Preparatory School staff members said in a statement. “Dr. Rembert was an amazing family man, father, minister, principal, and friend. He treated all those who he met with compassion and love. As our hearts grieve his loss, we will pull together in prayer while comforting and supporting one another. We are sure his legacy of being a servant leader will live on in the lives of those he touched. #EMBRACEEQUIPEMPOWER.”

    By Friday morning, a memorial had appeared outside the school.

    Sadly, Florida leads the nation in pedestrian deaths. Two separate safety studies have found that nine of the top twenty unsafe areas for pedestrians are in the Sunshine State. Distracted drivers are a major cause of pedestrian-involved accidents. Drivers are encouraged to keep their eyes on the road and slow down when they see pedestrians.

  • Cocoa Motorcyclist Joshua Carver Killed After SUV Cuts In Front of Motorcycle

    On Friday, March 6, Joshua Carver, 20, died in a motorcycle accident after an SUV cut in front of his bike.

    Officials say the accident happened at Cox Road and Fisherman’s Place in Cocoa. Carver was riding northbound on Cox Rd. when a southbound Chevrolet SUV driven by 74-year-old Robert Jones tried to make a left turn across Cox Rd. and go east on Fisherman’s Place. Carver’s motorcycle crashed into the SUV, and he was later pronounced dead at the scene.

    Jones was not injured in the accident. Authorities say charges are pending.

    Unfortunately, motorcycle deaths are common across the US, and in Florida. In 2015 alone, there were 606 fatalities of motorcycle riders in the state. Motorcycles are involved in about 20 percent of auto accident deaths, even though there are far more larger vehicles on the road. The causes of these accidents range from distracted driving to speeding to impaired driving. It’s very common for motorists who pull out in front of a motorcycle to say they just didn’t see it. For this reason, drivers are encouraged to “look twice and save a life.”

  • Three People Killed, Two Injured in 7-Vehicle Pileup After One Driver Strikes a Parked Vehicle

    Three People Killed, Two Injured in 7-Vehicle Pileup After One Driver Strikes a Parked Vehicle

    Three people were killed and two more were injured in a 7-vehicle pileup on I-75 in Sarasota on Monday, March 9.

    Authorities say the massive accident happened near Exit 210 at Fruitville Road on Monday morning. Seven vehicles were involved, including a cement mixer.

    Florida Highway Patrol (FHP) are still working to determine exactly what happened, but this is what they know so far: Joseph Pontillo, 24, of Sarasota, was lawfully stopped within the paved shoulder of the road in his Dodge Dakota. Jose Leal, 56, and Mario Mendoza, 53, both of Cape Coral. were also on the side of the road, changing the tire on a vehicle. At some point, Pontillo’s vehicle was struck by another vehicle, killing him and sending the Dodge Dakota into Leal and Mendoza. Leal was pronounced dead, and Mendoza was taken to a local hospital, where he was listed in critical condition.

    Joseph Lydic, 50, of Sarasota, who was driving the cement truck, was also killed. Angela Blase, 55, of Venice, was also injured and taken to a hospital for treatment.

    According to the National Highway Traffic Safety Administration, I-95 is the second deadliest highway in the state of Florida, after I-10, with 204 deaths.

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  • Mellisa Hicks Nault of Callahan Killed After Being Struck by Car While Trying to Help Two Injured Horses

    Mellisa Hicks Nault of Callahan Killed After Being Struck by Car While Trying to Help Two Injured Horses

    Melissa Hicks Nault, 38, of Callahan, died on Thursday night, February 27, after being struck by a car on US 301.

    Florida Highway Patrol (FHP) officials say the accident happened near Janes Lane. Nault was driving behind a Toyota 4Runner that came upon two horses standing in the southbound lane. The 4Runner’s driver was unable to stop in time and hit the horses. Nault stopped her car and got out in an effort to help. She was then hit by a Kia Forte that was driving by, which then overturned, striking one of the horses and Nault’s car.

    Nault was later pronounced dead. Her 15-year-old daughter, a passenger in the car, was treated for minor injuries at a local hospital, and then released.

    Friends remember Nault as a kind person who would drop everything to help others.

    “When I read the story I was like, ‘Yeah, that’s Mellisa.’ It was just tragic that she’s helping somebody, and then an accident,” said Theresa Blair, a longtime friend.

    Accidents caused by wildlife, like deer or alligators, are estimated to cause between 725,000 and 1.5 million car accidents each year in the US. However, the situation is more complicated when large farm animals like horses and cows get loose and wander into a road. These animals don’t typically roam around in the wild, and when they cause an accident, it may be due to the negligence of a farm owner or worker. People who own or work with horses should be careful to keep them secured in a properly fenced area.

    Drivers also need to be careful when they see an accident scene of any kind, or simply a car stopped on the side of the road. Often motorists get out of their cars after an accident or breakdown, and it’s important for other drivers to proceed slowly to avoid accidentally hitting someone.

    Nault left behind a husband and two children. Her family has set up a GoFundMe to help pay for funeral expenses.

     

  • 17-Year-Old Bicyclist Dies After Being Struck by DUI BMW Driver

    [vc_row][vc_column width=”2/3″][vc_column_text]A DUI manslaughter charge has been filed after 17-year-old Sophie Delott was killed while riding her bicycle Friday night, June 29.

    The tragic accident happened on the Indian Rocks Causeway Bridge, around 10:30 PM. According to the Pinellas County Sheriff’s Office, 69-year-old Neil Singhal was headed west on the bridge when he suddenly veered into the bicycle lane, striking Delott. She was thrown from her bicycle and suffered life-threatening injuries. Emergency services personnel rushed her to a local hospital, where she later died.

    Singhal was uninjured, and troopers arrested him on DUI manslaughter charges.

    Delott was the only female football player at her high school, Seminole High School, and had recently enlisted in the Marine Corps.

    “Everything she did had nothing to do with wanting to be rewarded,” her football coach Chris Miller said. “It was always about everybody else with her.”

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