Vero Beach Drowning Accident Lawyers

If a loved one has been in a drowning accident, you may be able to file a claim against the person or entity responsible. These cases are usually based on a theory of negligence or carelessness. For example, if a community pool did not hire enough lifeguards to properly scan and monitor swimmers, it might be held liable if someone drowns.

In some situations, drowning accidents occur because of intentional or reckless conduct. For example, if a boat owner operates it recklessly and causes an accident that leads to a drowning, they may also be held responsible for their actions. A civil case is separate from any criminal action that local prosecutors may bring for the same accident.

There are two potential types of personal injury claims that may be brought for a drowning accident. If the person dies as a result of the accident, then their surviving family members may file a wrongful death lawsuit. If they survive a near-drowning, they can pursue a standard personal injury lawsuit for their losses.

With a typical personal injury lawsuit, the victim (plaintiff) may seek financial compensation from the at-fault party (defendant) for their losses. If the victim has more serious injuries, a family member could bring the lawsuit on their behalf. In either case, the plaintiff will need to prove that the defendant’s negligent, reckless, or intentional conduct caused their injuries and that they suffered damages as a result. For example, if a child is permanently disabled from a non-fatal drowning at a neighbor’s pool that was not properly fenced, their parents could file a lawsuit to recover compensation for their child’s injuries.

A wrongful death claim is a different type of personal injury claim. This type of lawsuit can be filed in situations where the deceased person could have filed their own lawsuit if they had survived their injuries. If a person dies as a result of a drowning accident, then their surviving relatives can pursue a wrongful death action.

In Florida, the personal representative or executor of the estate brings the case. They are filing the lawsuit on behalf of the estate and any surviving family members. As with other types of personal injury claims, this type of lawsuit must be filed within 2 years of the date of the accident (with some limited exceptions).

The challenge in many of these cases is proving that the defendant was responsible for the drowning accident. Our Vero Beach drowning accident attorneys are adept at gathering the necessary evidence to prove your case. This may include interviewing witnesses, requesting photos and videos of the accident scene, requesting employment and training records, and consulting with expert witnesses.

Most personal injury claims are resolved outside of court. Our team of skilled litigators works hard to resolve your case quickly and for as much money as possible. If the defendant’s insurance company won’t offer you a fair settlement, we will take the case to trial and ask the jury to return a verdict in your favor.