Understanding Wrongful Death Lawsuits After a Drowning Accident in Florida

We are sorry for your immense loss. After you lose someone, you’re undoubtedly going to be faced with significant expenses and losses. You shouldn’t have to handle these on your own.

This is a short primer on wrongful death lawsuits after a drowning accident in Florida.

What is wrongful death in Florida?

Wrongful death in Florida happens when someone dies because of another person’s negligence or intentional actions. If the person had survived, they would have the right to take legal action to recover damages from the responsible party. Because the person has died, their family or the person’s estate now steps in to bring the claim.

Who can file a wrongful death claim in Florida?

When someone dies as a result of the negligence of a company, driver, cruise line, or others, a representative, usually a spouse or close family member, can lead the charge to bring claims for yourself and all other “survivors”. Contact us now. We can help you through the process of bringing those claims even if no estate has been set up yet.

Damages that can be obtained through a Florida wrongful death lawsuit

The one wrongful death lawsuit requests and obtains damages for the estate of the deceased person AND for all of the survivors for their losses. Who are the survivors? In Florida, family members are entitled to certain types of damages if they are successful in their wrongful death suit. This most often includes some or all of the following:

Lost support and services

Survivors can recover the value of support and services they lost in the past and future. Support usually means financial assistance that the deceased would have provided, like how much money they would have brought home over their lifetime. Services refer to what the decedent might have done for the survivor, from child care or yard work to administrative tasks.

Courts look at a few things when determining a monetary amount for this loss, including:

• The survivor’s relationship to the deceased. A spouse, for example, relies more on a loved one’s salary or help with daily life than a parent does.
• The likely net income that would have come to the survivor.
• The replacement value of any service the decedent provided around the house or in your life.
• How long both decedent and survivor would have been alive together, which is known as “joint life expectancies.”

Loss of companionship, protection, and pain for the spouse

Spouses can claim damages that cover losses far beyond economic losses. The law recognizes loss of companionship, care, and emotional comfort that the deceased person did provide and would have provided for the remainder of their life to you the survivor.

Lost parental companionship and emotional pain for children

The law allows minor children, and grown children when there’s no surviving spouse, to seek damages tied to a parent-child bond. Children can recover damages for losing parental teaching, shared experiences, and comfort from the time of injury forward. The court will also hear claims of mental pain and emotional distress suffered by these children as a result.

Mental pain and suffering for parents

For parents, compensation changes with the age of their deceased child. If they lost a minor, parents are allowed to recover damages for their emotional anguish from the time of the injury. If an adult child dies, Florida law says emotional pain and suffering can only be recovered if there are no other survivors.

Medical and funeral expenses paid by survivors

Any survivor who pays medical bills or funeral expenses out-of-pocket is entitled to reimbursement.

Legal claims in a Florida wrongful death case are different for everyone. If you’re facing this kind of case, taking time to understand what you’re entitled to is important, and the best way to do this is to speak with a wrongful death lawyer as soon as possible.

Potentially liable parties in Florida drowning accidents

Who is responsible for the drowning?

Property owners, landlords, and HOAs

Florida law requires those who control property, like homeowners, landlords, or homeowners’ associations, to keep it safe. If a pool or water feature lacks proper barriers or warning signs, you may have a case against whoever is in charge of the property. For residential pools, it’s necessary to have at least one safety feature like an alarm. In the case of public pools additional rules apply, including pool‑rules signage.

There are laws, standards, statutes, and local ordinances for signage and other equipment for a pool.

Hotel, resort, and waterpark operators or management companies

Hotels, resorts, and waterparks must maintain pools in compliance with Department of Health rules and the Florida Building Code. Florida does not require lifeguards at every public pool. However, if no lifeguard is on duty, there must be signage (including specified warnings). If they fail to take these protective actions, they could face liability if someone is hurt or drowns.

School, camp, and daycare operators

Schools, camps, daycare facilities, and church groups are responsible for supervising kids, such as schools, daycares, and camps, and have a duty to look after them and keep them safe while the children are in their custody.

If the adults who are supposed to be responsible for them aren’t paying attention and a child drowns as a result, the staff member and these facilities could be held accountable. They must have enough trained staff and enforce clear safety procedures when children are around water.

If you’ve lost a loved one in a drowning accident, we understand what you’re going through and know that money can’t make up for your loss. Still, you should make sure you get what you’re entitled to and hold the responsible party accountable.

Our team has significant experience handling wrongful death claims in Florida, and we’re here to do everything we can to help your family get justice. Contact us today to schedule a free consultation with a Florida wrongful death lawyer from Hickey Law Firm.