Drownings and near-drowning accidents can be devastating. Whether you are at the beach with your children or enjoying your own pool or a neighbor’s pool, nobody expects a serious drowning-related accident to occur. Yet these personal injuries in Florida occur with some frequency, and they often involve young children or intoxicated adults. In some cases, another party’s negligence may have led to the drowning-related accident, and it may be possible to file a claim for financial compensation. The following are five things to know about drowning accidents and personal injury lawsuits in Florida.
- Children Are at Greatest Risk of DrowningÂ
According to the U.S. Centers for Disease Control and Prevention (CDC), children are at greatest risk of suffering a serious or fatal injury in a drowning accident. Indeed, drowning is currently the second-leading cause of injury for kids between the ages of 1 and 14, and drowning is the leading cause of accidental death for children between the ages of 1 and 4.
- Anyone of Any Age Can DrownÂ
Although kids are most likely to get hurt in a drowning incident, it is critical to recognize that people of any age can drown, and alcohol is often a factor for drownings among adults.
- Nonfatal Drowning Accidents Often Result in Long-Term Health IssuesÂ
Nonfatal drownings are frequently debilitating, resulting in significant health problems and disabilities.
- Nonfatal Near Drownings Likely Have a Four-Year Statute of LimitationsÂ
Most nonfatal near drowning accidents will have a four-year statute of limitations under Florida law. What this means is that you will need to file a lawsuit against the responsible party within four years from the date of the near-drowning incident—whether it is the property owner of the pool where the accident occurred or the manufacturer of a pool or hot tub. If you wait more than four year, you will have a time-barred claim and will not be able to seek financial compensation through a civil lawsuit.
- Wrongful Death Cases Involving Drowning Fatalities Have a Two-Year Statute of LimitationsÂ
While the statute of limitations for a nonfatal drowning accident is likely four years from the date of the accident, it is essential to know that the statute of limitations is much shorter for a wrongful death claim. To be sure, a plaintiff only has two years from the date of death to file a wrongful death lawsuit. If more than two years pass from the date of death, the drowning wrongful death claim will be time-barred under Florida law.
Contact Our Personal Injury Attorneys in Boca RatonÂ
If you recently lost a loved one in a drowning accident, or if you or your child sustained serious injuries in a near-drowning accident, you may be eligible to file a claim for financial compensation. One of the experienced Boca Raton personal injury attorneys at our firm can discuss your case with you. Contact Lesser Lesser Landy & Smith PLLC to learn more about how we can assist you with a drowning accident claim in Florida.
Resource:
cdc.gov/drowning/facts/index.html#:~:text=While%20children%20are%20at%20highest,22%20nonfatal%20drownings%20per%20day
