Cowen Edwards Trial Lawyers represents families after tragic drowning incidents in local creeks in the Fort Lauderdale area. Families need to know about the support that’s available if a property owner or the City of Fort Lauderdale fails to protect those who may wander into unsafe creeks. Our wrongful death lawyers offer free consultations to grieving families. Please contact our offices to talk about your options in a confidential case review.
Drowning Dangers in Fort Lauderdale Creeks
With storms rolling in daily, local creeks and canals quickly fill with water and become much deeper than most would expect. They can swell into rivers and without supervision, children may not be able to resist the urge to splash around and take a dip. But unstable creek beds and unexpected depths can quickly put a child or any adult at risk of drowning.
People paddle and float Osceola Creek and Whiskey Creek and have a great time. However, swimming and wading into these waters at certain times can be extremely dangerous. A fast-moving current can form just below the calm surface. Deep holes form and inexperienced swimmers may quickly be in over their heads and struggling.
Swimmers must take care when choosing where and when to enter a body of water. Parents must also monitor their children around any creek or river. But property owners and city departments must also accept responsibility for keeping paddlers and swimmers safe.
Who is Responsible for Creek Drownings?
The legal responsibility property owners are held to will mean providing safety measures in case people enjoying the water get into trouble. It could mean posting warning signs about deep water and strong currents. Fort Lauderdale officials may even have to restrict access along creek beds where swimmers are at extra risk. But often, these responsibilities are ignored.
These and other local owners and operators are often fully liable when a drowning occurs along their creek banks.
- Property owners
- Property management companies
- Housing Associations
- Business owners
- The City of Fort Lauderdale
- Resort and Golf Course Owners
When tragic drownings occur, property owners and local government officials will fight to avoid having to accept fault in accidents. But grieving families count on help in holding these negligent parties liable. They can speak with a Fort Lauderdale Drowning Accident Lawyer in a free consultation to learn how to protect their rights at such a vulnerable time.
What Is a Wrongful Death Lawsuit?
Fort Lauderdale families are empowered to file wrongful death lawsuits any time a tragic death was caused in part or in full by someone else’s negligence. Property owners, business owners, and the City of Fort Lauderdale owe visitors to the locations they own and operate a legal “duty of care.” When they fail to keep people safe, these parties can be held accountable for every hardship the family left behind endures.
After a drowning incident, close relatives are permitted to seek support from an at-fault party for their immediate costs, like funeral costs, and for the damages they’ll face in the future when they won’t be able to count on the deceased loved one’s support and guidance.
At-fault individuals and entities may refuse to accept responsibility and their insurance providers could refuse to provide families with a fair settlement. That’s when your Cowen Edwards drowning accident attorney turns up the pressure and files a lawsuit backed with strong evidence showing their mistakes that led to a tragedy. Your lawyer will be ready to take liable parties to court and secure a judgment on behalf of the family.
Who Can File a Wrongful Death Drowning Claim?
Florida requires an executor, also known as a “personal representative,” who represents the estate of the victim to file a wrongful death claim. The executor is usually named in the drowning victim’s will. If an executor is not named, the court will usually name a close family member as a representative.
The executor represents the rest of the family. This person is usually the spouse of the victim or a child of the victim. Those who have the first right to seek support are:
- Spouse of the victim
- Children of the victim
- Parents of the victim
Others who can show they were financially reliant on the victim could also seek compensation, but only after the primary beneficiaries had filed a claim.
A wrongful death lawyer can also represent the family to make sure their needs are met and that an at-fault party is held fully accountable for their careless actions.
Support Available for Families After a Drowning
No amount of money can replace the care and guidance of a loved one after a tragic drowning. However, grieving families must seek justice and see to their financial security after a drowning incident. Those left behind could face financial turmoil that may affect their lives for many years to come. The support the deceased had always provided loved ones will suddenly be unavailable.
Your wrongful death attorney will be demanding full support to protect the family now and in the future:
- Leftover medical bills and ambulance fees.
- Funeral and burial expenses.
- The lost income the victim can no longer provide for a spouse and children to support them in the future.
- Support for the loss of care and guidance the deceased would have provided to family members in the years to come.
- The loss of parental companionship and instruction for the children of the victim.
- All emotional trauma suffered by family members.
- The “loss of consortium”, intimacy, for a spouse.
Contact a Fort Lauderdale Creek Drowning Lawyer
Losing a loved one in a drowning will leave you and your family devastated and very vulnerable. At a time when you should be allowed to grieve a loved one, you may have to take action to hold an at-fault party responsible to protect the future of the family.
When individuals or businesses contribute to the factors that lead to a drowning at a public or private creek, a wrongful death claim may be necessary. To find out the level of support your family should seek, contact the Fort Lauderdale Drowning Accident Lawyers at Cowen Edwards Trial Lawyers. We offer a free, confidential case review for all families who have lost a loved one. There’s no obligation for this initial consultation.
Your family has up to two years to file a drowning wrongful death claim, but you should act quickly. When you wait, important evidence can disappear and witnesses can become harder to locate. Allow a skilled lawyer to investigate the circumstances surrounding a drowning as soon as possible. The deadline may be even shorter if your case involves negligence on the part of a government agency. Talk to an attorney so you don’t miss important deadlines.
If you think our lawyers can secure more in support for your family, you won’t need to have any money to hire us. We don’t get paid unless we win your case for your family. Then our fee comes out of the settlement an at-fault party provides to your family.