Scuba Dive Accident Lawyer West Palm Beach, FL

A scuba diving accident in West Palm Beach, FL can leave the injured party wondering whether their situation could have been prevented or was it because of someone’s negligence. One error can result in a person losing a month’s wages or wrongful death. A Scuba dive accident lawyer in West Palm Beach, FL can determine if a dive operator, dive equipment supplier, boat operator or another party might be liable for the accident.

At Jacobson Injury Firm we defend those who have suffered injury as a result of someone else’s negligence in South Florida. Our founder Adam Jacobson also has personal interest in water activities like scuba diving and spearfishing, giving him the practical knowledge of why such incidents happen. 

What Are the Causes of a Diving Accident in West Palm Beach?

A diving accident in West Palm Beach, FL can start with poor rental equipment or instructions. Sometimes, diving instructors don’t account for the combined experience of their team which may lead to serious injuries. 

Some accidents may involve:

• Diving equipment that is malfunction
• Poor guidance of lack of attention 
• Failure to use proper entry and exit procedures
• Ineffective decision making on the weather and/or water conditions.
• Failure to operate a dive boat properly.

Facts in a West Palm Beach scuba accident must be considered as a whole to determine the at-fault party because what happened before the diver got in the water can be as critical as what occurred after they entered the water.

Who Can be Responsible for a Scuba Diving Accident?

The responsibility for the accident depends on how the accident happened and there are many moving parts to it. For instance, the equipment could have been provided by the dive shop but the boat may be rented from a charter company. 

Determining fault is not as simple as reading an accident report. A West Palm Beach scuba dive accident lawyer may review the maintenance records, dive plan, training documents, photographs, witness statements and available video. Dive Computer information can also be used to help reconstruct dive depth and dive time/ascent.

Simply filling out paperwork before diving doesn’t mean the injured party cannot file a claim. While the wording of the agreement may make it sound like the injury party has no option, the conditions of the dive can change the landscape. 

What Injuries Can Result from a Palm Beach Scuba Accident?

The injuries suffered by scuba accident victims in Palm Beach can be significantly different from any other incident. Some of the most common scuba diving injuries are decompression sickness and arterial gas embolus. Divers can also experience ear or lung barotrauma, traumatic brain injuries, fractures, spinal injuries, and complication of drowning.

According to Divers Alert Network, symptoms of decompression illness include, soft tissue injury, joint pain, numbness, dizziness, weakness and unusual fatigue. In more severe cases, the injured party may face catastrophic injuries such as brain or spinal cord may be damaged. Even if the symptoms of decompression sickness improve upon oxygen administration, a diver with possible decompression sickness should be medically evaluated.

The financial impact may continue months or years after the first hospital visit. Depending on the circumstances, a claim can seek compensation for damages such as medical costs, lost income, loss of earning capacity, pain and suffering and other losses.

What Should I Do After a Scuba Diving Accident in West Palm Beach, Florida?

After a serious diving accident the first line of defense is medical treatment. Symptoms of diving injuries do not always present immediately, and should not be discounted because the person was able to leave the boat or the dive site.

Evidence such as information from the dive computer, photos, booking data, rental paperwork and operator communications and waivers should be preserved to pursue compensation for the damages. 

Malfunctioning equipment should also be kept in their post accident condition. This is especially important because faulty equipment is immediately returned to rental inventory and charter boats may run their next trip. 

Talking to a Scuba diving accident lawyer in West Palm Beach, FL early gives the investigation a better chance to preserve evidence that may otherwise be lost.

How Long Does It Take to File a Scuba Diving Accident Claim in Florida?

Florida generally gives the injured party 2 years to file a personal injury claim based on negligence under Florida Statutes § 95.11. However, waiting that long will only make the investigation challenging for your scuba diving accident lawyer and in some cases, the hard evidence is lost along the way. 

A scuba diving accident in Florida may require a closer deadline analysis when the incident happens offshore or involves a vessel because additional legal rules can come into play.

Florida also has a modified comparative negligence for most negligence cases. When someone is found to be at 50% fault for the accident, they generally cannot recover damages in ordinary negligence cases. 

Why You Should Hire a Scuba Dive Accident Lawyer West Palm Beach, FL?

A scuba diving accident case may involve personal injury law, maritime issues and other technical evidence from the scene of the incident. Adam Jacobson handles maritime accident cases because his personal experience with scuba diving gives him genuine connection to the case rather than treating it as just another accident. 

He takes a litigation approach to injury cases. As Jacobson Injury Firm works to prepare their case with the potential for trial in mind, they also concentrate on comprehensive case preparation, strong advocacy, and clear communication with clients.

Key Documents You’ll Need for Your Scuba Dive Accident Case in West Palm Beach, FL

After a serious diving accident, it can be hard to determine what went wrong. For someone pursuing a scuba dive accident case in West Palm Beach, documents created before, during, and after the dive can help establish what went wrong. Here’s a list of every document you need to strengthen your scuba diving accident case in West Palm Beach.  

• 1. Medical Records and Bills
• 2. Dive Operator Paperwork and Liability Waivers
• 4. Photographs and videos from the trip 
• 5. Messages or phone records with the operator and platform 
• 6. Incident and Accident Reports
• 7. Certification and Training Records

Ask a Scuba Accident Lawyer in West Palm Beach, FL

Can I sue a dive operator after a scuba accident in Florida?

Yes, if the operator was negligent in causing the injury. The claim might depend on how the dive was organized, the instructions given, the condition of the equipment and the response of the operator when things went amiss.

Can I File a Personal Injury Claim After Signing a scuba diving waiver? 

Yes, you may still be able to file a personal injury claim after signing a scuba diving waiver. In Florida, liability waivers can be enforceable, including in scuba diving cases, but their effect depends on the specific language and circumstances. Courts generally require an enforceable waiver to clearly communicate the rights being released.

How long does a Florida scuba accident claim take?

There’s no one universal timeline. Injuries that occur in a claim and involve a number of parties, as well as the strength of the evidence gathered and the fact that the issue may be resolved without litigation will all affect the length of the claim.

Speak With a West Palm Beach Scuba Accident Lawyer

When there is a possible problem with the equipment or a decision made by another that may have caused the diving accident, a thorough investigation is warranted. The personal injury cases handled by Jacobson Injury Firm are free consultation cases and are handled on a contingency-fee basis.

If you were injured in a scuba accident in West Palm Beach, contact Jacobson Injury Firm to talk about the accident and your potential legal options. A scuba dive accident attorney West Palm Beach, FL can help determine the cause, hold on to critical evidence, and locate the possible liable parties.