Scuba Diving Accidents

Practice Areas Boating Accidents & Watersports Injury Scuba Diving Accidents

Scuba Diving Accidents & Injuries

Hundreds of people are injured in scuba diving accidents each year in Florida alone. Being a PADI certified Open Water Diver and a marine engineer, board-certified 

maritime attorney Keith Brais with the law firm of Brais Law Firm is in a unique position to help divers of all types, both recreational and professional, in the event of an accident causing injury, near drowning, or death. A scuba diving accident attorney at Brais Law Firm with offices in Miami, Florida, and Boston, Massachusetts is here to help nationwide.

Unfortunately, the nature of scuba diving is such that accidents lead to substantial injuries and many times death. These accidents are often preventable and are a result of poor judgment, faulty or poorly maintained equipment, improper signaling, inadequate training, or inadequate supervision. These types of shoreside excursions are particularly appealing to cruise ship passengers when visiting foreign ports.

To ensure the safety of their scuba divers, dive companies must follow standard policies, procedures, and U.S. Coast Guard regulations. All too often scuba diving and snorkeling companies fail to follow standard procedures and cut corners on safety. In such cases, the law places a heavy burden upon the dive companies by presuming them negligent unless they can prove that their failure to follow such safety procedures in no way contributed to the accident. Brais Law Firm’s scuba diving accident attorneys have the requisite knowledge to identify when dive companies fail to follow safety regulations and the experience to vigorously prosecute such claims.

Brais Law Firm has experienced attorneys familiar with handling numerous types of scuba diving injury/death cases including accidents resulting from:

• Out-of-air emergencies
• Dangerous water conditions
• Inadequate supervision
• Inadequate training
• Boat run over
• Faulty or improperly maintained equipment
• Improper Use of Decompression Tables
• Diver operator negligence
• “Dive buddy” negligence

If you are injured by a scuba diving accident, you may be entitled to payment for your medical bills, future medical expenses, lost income as well as pain and suffering.

Divers are Protected by Florida Statute from Dangerous Boat Operators 

Under Florida Statute Ch. 327, vessel operators are required to operate their vessels in a safe and prudent way that takes into account diving flags and other persons who are enjoying the water outside of vessels. Think of it like pedestrians out in a park. While some parks might allow cars and other motorized vehicles to drive around or within them, the motorists are still responsible for watching out for the safety of pedestrians all throughout them in the park. The same goes for boat and other watercraft vessel operators. When you are injured due to the negligent operation of a vessel operator, they will be liable for the damages associated with your injuries.

A Well-Versed Scuba Diving Accident Lawyer Collects Evidence to Prove Your Case 

Proving the liability of the party that caused the accident that led to your injuries is essential to recover the associated damages. This requires the collection of evidence to assess the circumstances of your injury to determine who might be at fault. A party is liable when they were negligent in the accident that caused the injury. This means that they owed you some duty or responsibility, that duty was not fulfilled, and as a result of the breach of that duty, you were injured. 

Was the boat operator driving safely, without being under the influence, and responsibly in the moments before they hit you? Do they have a record of boating infractions, or a history of boating while intoxicated? Were criminal charges brought against the vessel operator for your accident? This is information that your attorney will access and exploit in support of the best case possible. 

Do Not Accept a Settlement Without Speaking with an Attorney 

The insurance company makes a greater profit when they reduce the amount that they pay you or when they deny your claim altogether. If you have been offered a settlement without having first hired an attorney, that means that the insurance company is trying to get you to take an amount so that they can write off your case. A settlement prevents you from pursuing any further compensation than what you receive, and if you haven’t completely measured your damages, this can leave you and your family covering costs associated with your scuba diving injury out-of-pocket in the future. 

Brais Law Has a Proven Track Record of Winning Cases for Injured Clients 

Of the over $60 million we have recovered on behalf of our injured clients in the prior 10 years, one case was a recovery of $1.1 million in a recreational diver run-over propeller strike injury. Our attorneys know how to apply maritime laws and Florida statutes to achieve the best possible outcome in your case. We know how insurance companies operate, when to pursue a settlement through a claim, and when to file a lawsuit to make the most of your damages. 

Contact a Scuba Diving Accident Attorney Today 

Reach out for your initial case assessment which is free of charge so we can discuss options on your case today.

A scuba diving accident attorney at the law firm of Brais Law Firm has the experience to protect your rights, the compassion to serve your needs, and the skill to obtain the compensation you deserve. To reach our lawyers, you may click email the firm, call 800-499-0551 from within the U.S., Skype BraisLaw worldwide, or click Contact Us to select and complete a form for a free evaluation of your case.