Ft. Lauderdale Drowning Death Attorney
Drowning incidents that seem entirely accidental may be due to someone else’s negligent or reckless conduct. If your loved one died while snorkeling, scuba diving, or engaging in another water activity, we can see if you have a claim. For example, the service running the scuba diving excursion may be liable for a drowning death, even if the victim signed a liability waiver.
Additionally, boaters not keeping the proper lookout might strike divers, making them drown. You may file a wrongful death lawsuit yourself if you are the victim’s personal representative, but may only recover damages if you qualify as their spouse, child, or parent. Both economic and non-economic damages are available in drowning death lawsuits, which our attorneys can calculate and prove for you.
Call our drowning death attorneys at Rivkind Margulies & Rivkind for a free case assessment at (305) 204-5369.
Who is Liable for a Snorkeling or Scuba Diving Drowning Death in Ft. Lauderdale?
If a victim’s death while swimming, snorkeling, or scuba diving was due to negligence, a wrongful death lawsuit may follow. We can determine if someone else is liable and hold them accountable in court.
When you are scuba diving, you rely heavily on your equipment and the people in charge of the dive. If equipment is defective, divers may not get the appropriate airflow and might drown.
Florida has regulations for snorkeling and scuba diving that apply to divers and vessel operators, and violating any could increase the risk of injury or death and create liability for fatal accidents.
Failing to give the proper instruction and taking divers out in dangerous areas or bad weather are other reasons why a scuba or snorkeling company might be liable for a drowning death in Ft. Lauderdale.
For drowning deaths in private pools, property owners may be liable. Ask our lawyers who are responsible for your loved one’s untimely death, and we can start investigating.
Even if drivers properly indicate their position in the water, boaters who fail to keep a proper lookout might hit and kill divers, making them liable for survivors’ damages.
Can You Sue for a Drowning Death if the Victim Signed a Liability Waiver in Ft. Lauderdale?
Before participants go scuba diving or snorkeling, the company offering the excursion may make them sign a liability waiver. Signing a liability waiver does not necessarily prevent personal injury or wrongful death lawsuits, so have our lawyers review it.
First, if the victim did not sign the liability waiver themselves, it would be unenforceable. This typically applies to cases where parents sign liability waivers for their children, which may not hold up in court.
Waivers that violate public policy, attempt to waive liability for gross negligence, or contain ambiguous language may also not be enforced after a drowning death in Ft. Lauderdale.
Who Can Sue for a Drowning Death in Ft. Lauderdale?
Only certain individuals may file wrongful death lawsuits for drowning accidents. Florida allows the decedent’s personal representative to sue. The victim may have named their personal representative in their will. If they did not, the court may appoint one.
A personal representative is often someone close to the victim, like their spouse, parent, or adult child, but does not have to be. The personal representative may not recover damages awarded in the case themselves unless they are a qualified beneficiary, like the victim’s spouse or child.
When Can I Sue for a Drowning Death in Ft. Lauderdale?
The statute of limitations for wrongful death lawsuits in Florida is two years under Fla. Stat. § 95.11(e). The clock starts counting down on the date of the victim’s death, which may be after their initial date of injury.
Not all drowning accidents are immediately fatal, and some victims may succumb to anoxic brain injuries in the coming days. That affects the filing deadline for your case, which our drowning death attorneys can pinpoint and adhere to.
Recoverable Damages from Drowning Wrongful Death Lawsuits
A victim’s shocking drowning death while scuba diving, snorkeling, or swimming is traumatic in many ways. Not only do survivors lose the companionship, comfort, care, and emotional support of the deceased victim, but they also lose any financial support. You may get economic and non-economic damages in your case, both of which we can prove. Damages are not capped in Florida wrongful lawsuits, and we can fight to hold the liable party fully accountable.
Lost Support and Services
Survivors may recover damages for lost financial support. If the victim is a main contributor to your household and losing their income causes additional distress, you can get compensation. We can estimate lost support and services to date, as well as future lost income, taking into account the decedent’s professional trajectory.
Lost Companionship and Protection
Surviving spouses may recover damages for lost companionship and protection, starting from the date of injury onward. If the wrongful death lawsuit goes to trial, we may have you testify. During your testimony, you can explain the anguish you have experienced since losing your spouse. Jurors may respond favorably to your testimony, awarding greater non-economic damages.
Lost Parental Companionship, Instruction, and Guidance
Minor children may recover for lost parental companionship, guidance, and instruction. Adult children may also recover these damages in a wrongful death claim if there is no surviving spouse.
Mental Pain and Suffering
Damages for mental pain and suffering are recoverable by the victim’s spouse and children. Parents of deceased minors may suffer mental pain and suffering damages, too, as do parents of adult children who leave no other survivors.
Medical and Funeral Expenses
Your lawsuit should also cover any medical and funeral expenses related to the victim’s drowning death, which our attorneys can calculate for you and other survivors.
Call Us to Discuss Your Ft. Lauderdale Lawsuit Today
Call our drowning death attorneys at Rivkind Margulies & Rivkind at (305) 204-5369 for a free case evaluation.
