How Diaco Law Can Help in a Drowning Case
As a lifelong Tampa, Florida resident, I understand that drowning incidents are among the most devastating accidents that can occur, often resulting in severe injuries or fatalities. When such an incident occurs due to negligence or misconduct, the victim or their family may have legal recourse to seek compensation and justice. In the state of Florida, personal injury attorneys play a crucial role in helping victims and their families navigate the complex legal process and pursue claims related to drowning cases.
At Diaco Law, our attorneys care for our clients in the wake of these devastating accidents and want to help others get the justice they deserve when they are victimized by another person’s negligent or reckless behavior.
If you or a loved one have lost someone in a drowning accident, contact Diaco Law’s drowning accident attorneys today by calling us at (813) 221-7978.
How Preventable Drowning Accidents Are Caused
Drowning accidents are horrifically common for an injury that is so preventable. Drowning accidents do not just happen; they are caused by the negligence of other people. Here are just a few ways that negligent actors cause drowing accidents:
- Leaving Children Unattended: At a public or private pool or waterpark, it is negligent to leave a child unattended in the water, and the pool’s management is liable for injuries caused by this negligence.
- Failure to Install Barriers: Barriers such—such as gates and fences—must be placed around private swimming pools to prevent injuries. Failing to erect such barriers is actionable negligence if another person is injured.
- Drinking While Boating: Do not drink alcohol or consume drugs while boating. Anyone who drives or operates a boat can be liable for the boat’s passengers, and consuming alcohol or drugs while driving the boat is irresponsible.
Florida Legal Expertise and Experience:
Personal injury attorneys in Florida have extensive experience in handling a wide range of cases, including those related to drowning incidents. They possess the legal knowledge and expertise necessary to evaluate the unique circumstances of each case and build a solid legal strategy.
Investigative Skills:
Drowning cases require a thorough investigation to determine liability and gather evidence. Experienced attorneys work with investigators, accident reconstruction experts, and other professionals to uncover the facts surrounding the incident.
Identifying Liability:
Determining who is responsible for a drowning can be complex. My team will evaluate factors such as property owner negligence, lifeguard negligence, inadequate safety measures, or defective equipment to establish liability.
Establishing Negligence:
The Diaco Law, personal injury attorneys help clients prove that negligence or misconduct led to the drowning incident. We show that the responsible party failed to take reasonable steps to prevent such accidents, whether in a residential pool, public facility, or natural water body.
There are many ways to establish negligence, but here are a few that are common in the context of drowning accidents:
- Premises Liability is a common lawsuit that can be filed against private or commercial pools, landlords, hotels, or amusement parks when they fail to cover or fence their pools, fail to maintain equipment, or do not put up proper signage.
- Negligent Supervision claims are commonly filed against daycare centers, schools, summer camps, and babysitters for failing to properly supervise children around water.
- Negligent Training claims can be filed against gyms, rec centers, resorts, and pools where lifeguards are not properly certified, there is an inadequate number of lifeguards, or the facility fails to respond to an emergency.
Communication with Insurance Companies:
We negotiate with insurance companies on behalf of clients to secure fair settlements. The Tampa lawyers on my team understand the tactics insurers may use to minimize payouts and are skilled in achieving just compensation.
Compensation Recovery:
We work to recover compensation for victims or their families. This compensation may cover medical expenses, rehabilitation costs, lost income, pain and suffering, and other damages resulting from the drowning incident.
Wrongful Death Court Claims:
In cases where a Florida drowning leads to a fatality, we assist surviving family members in pursuing wrongful death claims. These claims seek compensation for funeral and burial expenses, loss of financial support, and emotional distress.
Legal Guidance and Support:
Personal injury lawyers provide clients with guidance and support throughout the legal process, explaining their rights and options. We ensure that clients are well-informed and involved in critical decisions related to their cases.
Skillful Legal Negotiation and Litigation:
The Diaco Law attorneys are skilled negotiators, striving to reach settlements that meet their clients’ needs. If a fair settlement cannot be reached, they are prepared to take the case to court and litigate on behalf of the victim.
Compliance with Statutes of Limitations:
Florida, like other states, has statutes of limitations that determine the time frame within which legal actions can be initiated. We help clients comply with these deadlines to take advantage of the opportunity to seek compensation.
Emotional Support After a Drowning:
Dealing with the aftermath of a drowning incident is emotionally challenging. Personal injury attorneys provide empathetic support to clients, helping them navigate the legal process while coping with the emotional impact of their situation.
Protecting Your Rights:
We are dedicated to protecting the legal rights of our clients. The attorneys in our office ensure that victims and their families are not taken advantage of and that their best interests are represented at all times.
In Florida, personal injury attorneys are a vital resource for individuals and families dealing with the aftermath of drowning incidents. By leveraging our legal expertise, experience, and dedication, we help victims seek the compensation and justice they deserve. Whether through negotiation or litigation, we work tirelessly to hold responsible parties accountable and support those affected by these tragic events.
What Causes Drowning Accidents?
Drowning is one of the primary public health concerns in Florida. The state was fourth in the United States for unintentional drowning deaths in 2021 according to Florida’s Department of Health. Tragically, these figures are even worse among Florida’s children: Florida had the highest rate of unintentional drowning deaths among children under the age of ten according to the same Department of Health study.
These tragedies are commonly associated with the following factors:
- Unsupervised children in pools, rivers, lakes, or in the ocean are one of the leading causes of drowning in Florida.
- Inattentive adults further contribute to these issues.
- Unfenced pools or unlocked gates make it easy for young children to access pools without supervision.
- Ocean currents, rip tides, and sudden, unexpected drop-offs in lakes or rivers endanger swimmers.
- Many people cannot swim or overestimate their abilities to do so, and this is particularly true in open water.
- Boating or swimming while impaired by drugs or alcohol is incredibly dangerous due to their effects on a person’s judgement, balance, and coordination.
Call the Tampa Drowning Accident Lawyers at Diaco Law Today
Our drowning accident lawyers are here for our clients after they lose a loved one in a drowning accident. We recognize that our clients are grieving the loss of a loved one. Our lawyers cannot replace the loss of your loved one, but we will work diligently and compassionately with your interests in mind as we seek justice on your behalf.
Call us today at (813) 221-7978 to schedule your free consultation. At Diaco Law, you only pay us after we win so there is no reason to delay. If you prefer to contact us through our online portal you can do so at this link.