Fight For Justice With A Florida Drowning Accident Lawyer

According to the CDC, 11 people drown on average per day in the United States. Sadly, a third of these fatalities are children. It goes without saying that the financial and emotional toll on the victim's loved ones is usually close to impossible to bear.

Even if the drowning was nonfatal, the survivors have to deal with the life-long health consequences of this traumatic event.

Regardless of your circumstances, if your loved one had a drowning accident, you may have the grounds to file a lawsuit against the owner of the property where the incident occurred. To pursue justice and ensure the liable parties are held accountable, you can contact a drowning accident lawyer who can help clarify the details of your case.

Different Types Of Drowning Accidents

Not every drowning incident is the same. Here are the most common types of drowning:

1. Wet drowning

This typically occurs when a person’s lungs fill up with water, rendering them unable to breathe. Wet drowning is sometimes fatal.

2. Dry drowning

Deaths don’t only occur when water fills up the lungs, they can also happen when someone takes a breath in the water. This may cause the larynx to spasm, thus preventing air from reaching the lungs. 

3. Secondary drowning

When the water reaches the lungs it may stay there and irritate the lining of the lungs. This usually leads to liquid buildup or edema. Secondary drowning is dangerous as the person may be fine for hours with symptoms ranging from chest pain to difficulty in breathing.

4. Near drowning

Even though the drowning may not be fatal, individuals who survive it need medical attention. Since the person was unable to breathe for an extended period of time, their brain may not have received enough oxygen. Because of this, victims of near drowning incidents may be left with severe health consequences such as brain damage, permanent vegetative state, pneumonia, or acute respiratory distress syndrome.

What Are The Usual Legal Claims For Drowning Lawsuits?

Generally, family members of the victim have legal grounds to sue the liable individuals if the drowning took place on the property belonging to another party. Common causes for filing a lawsuit include:

1. Premises liability

According to premises liability laws, property owners or tenants are obligated to maintain the premise in a condition that’s free of hazards. They also owe lawful visitors protection from preventable or unreasonable harm. 

2. Negligence

If the death of the victim occurred due to a breach of a legal obligation by the other party, the surviving loved ones can sue on grounds of negligence.

For instance, a public pool not having a lifeguard on duty is a clear case of negligence.

Still, the legal obligations of the other party towards the victim depend on the context in which the incident occurred, as well as the ownership of the property. This is why a drowning accident lawyer is important to have on board as they can determine if there are elements of negligence in your particular situation.

3. Wrongful death

If the incident resulted in death, the family of the deceased individual may file a wrongful death lawsuit by proving the following:

1. The death was the result of another party’s negligence or harmful intent

2. The surviving family members are experiencing financial consequences or pain and suffering as a result of the wrongful death

Proving Liability In The Drowning Incident

The most difficult part of a drowning case is determining and proving liability. You may strongly believe a particular party is responsible but you need to have strong evidence to back up your claim. 

This is why an experienced drowning accident lawyer is crucial during this time. They’ll be able to identify the parties who are at fault and even discover evidence that proves the liability of these parties.

Again, the liability depends on where the drowning took place. For example, if a person drowns on private property, the owner can be held liable. There are additional factors to consider, such as if the victim was trespassing or if there were any barriers present.

In Florida, residential pools have to meet enclosure requirements.

If your loved one drowned in a public/community pool, waterpark, fitness center, or a pool on school premises, it’s usually the owner or the operator who has liability. Depending on the circumstances, staff members may be held liable as well. 

You can also file a lawsuit for wrongful death if your loved one was killed in a boating accident. Boating is a popular activity in coastal parts of Florida and drowning is quite common. Depending on the type and the cause of the accident, different parties may be held liable. 

For example, if the victim has fallen overboard, the operator or the owner of the watercraft may be responsible for the death. The same applies to circumstances in which the operator was under the influence of illegal substances or alcohol when the accident occurred. Additional factors for liability may include the lack of lifejackets and proper security equipment on board.

Benefits Of Working With A Drowning Accident Lawyer

If your loved one died in a drowning accident, you owe it to them to pursue justice on their behalf. The best way to achieve a favorable outcome is to hire a drowning accident lawyer that possesses a deep knowledge of wrongful death claims.

This process is usually complex, time-consuming, and the circumstances may not always be as clear cut. An experienced lawyer can clarify the fact of the case, find the liable parties, and uncover evidence that supports your wrongful death claim.

It’s important to note that filing a lawsuit is usually emotionally exhausting. Hence, having someone on your side who will help you navigate the difficult path of filing a wrongful death lawsuit will put your mind at ease. 

Why Are The Law Offices Of Rite The Right Choice?

No one should ever lose a family member due to someone else's negligence. We believe that a drowning accident deserves the maximum amount of compensation, and we can make it happen.

Lawyers at Law Offices of RITE have the experience, resources, and willpower to represent your family's interests and fight for justice on behalf of you and your deceased loved one. 

We work on a contingency basis and we won’t give up until we receive the maximum amount of compensation. Call us at (904) 500-RITE (7483) or send us a message at info@rite4justice.com for a free consultation. Our team will take a good look at the facts of your case and determine how much damages you can recover.