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:
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.
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.
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.
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.
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.
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.
Your case will be handled by an experienced personal injury attorney who knows what it takes to get the results you deserve. The practitioners at our firm have over 70 years of collective trial experience. Our credentials and qualifications are extensive, including an “AV” Preeminent rating by Martindale-Hubbell and membership in the Multi-Million Dollar Advocates Forum. More importantly, we have a first-hand understanding of how insurance carriers operate because we represented clients insured with major insurance companies for nearly 20 years before we made a choice to change sides so that we could help the people who need us most – individuals just like you.
Awesome team of legal professionals!! I can't thank Mr. Brais and his team enough for helping me through the worst experience of my life. Had it not been for their dedication to seeing things through. I would be in a very bad place. I highly recommend Brais Law firm.
When you get injured offshore, it can be hard to know what to do next. Should you report the accident? Should you see the ship’s…
Yacht accidents are a regular occurrence. While they may rarely make headlines, lawsuits involving yacht accidents are common, and every day insurance companies settle claims…
While riding a jet ski can be fun, it can also be dangerous. Unfortunately, for many riders, the dangers are due to factors beyond their…
Florida has the most coastline out of any state in the contiguous United States, with nearly 8,500 miles of coastline on the Atlantic Ocean and…
On December 9th, 2019, the volcano on White Island, New Zealand, erupted while 47 tourists were visiting the Island at the time. Of those, 18…
A tragic boating accident in Biscayne Bay near Miami Beach took the life of Raul Menendez. Menendez of Hialeah, Florida and his friends chartered the…