Swimming is a popular, fun pastime in Melbourne, Florida. It also carries the risk of drowning, and depending on the situation, even seasoned swimmers can become victims. If you or someone close to you has suffered injuries from drowning, you may be entitled to compensation.

Common Causes of Drowning Accidents in Florida

Certain factors commonly cause drowning accidents in Florida. They include lack of supervision around pools and beaches, swimming alone without a lifeguard present, rip currents and undertows, boating accidents, alcohol impairment, swimming in restricted or undesignated areas, inclement weather conditions, lack of proper safety equipment and inadequate pool or beach safety measures.

Lack of Supervision Around Pools and Beaches

Lack of supervision around pools and beaches is one of the most common reasons for drowning accidents. Children are most susceptible when lifeguards or other responsible adults aren’t there to watch them. However, even strong adult swimmers can get into trouble and need assistance.

Children Left Unattended Near Water

Children can get into drowning accidents when left unattended near water. Someone must be there whenever a child is in the water.

Swimming Alone without a Lifeguard Present

Lifeguards must be present at public pools and beaches. When this is not the case, disaster is more likely to happen. People can have accidents in the water and drown, opening the door for personal injury or wrongful death lawsuits.

Rip Currents and Undertows

Sometimes, outside factors can cause drowning accidents. On the beach, rip currents and undertows can overwhelm even seasoned swimmers. The force and weight of the waves can cause people to lose control of their swimming and end in tragedy. It’s best to avoid going into the water when these conditions exist.

Boating Accidents

Boating accidents account for many drowning accidents in Florida. They can occur when a boat runs into mechanical failure, weather changes make being on the water dangerous or when people fail to wear life jackets or other protective devices.

Alcohol Impairment

Consuming alcohol to the point of impairment carries numerous risks, including increasing the chances of drowning accidents. Anyone who plans on going into the water must remain sober for their safety. Alcohol impairment diminishes your reflexes, reaction time, judgment and more.

Swimming in Restricted or Undesignated Areas

Certain areas around beaches are restricted from public use for safety. If someone disregards signs or fenced-off undesignated areas and goes into the water, an accident can happen, and in the worst cases, they can drown.

Inclement Weather Conditions

Inclement weather conditions can make going into a pool or the water at a beach dangerous. Heavy rain, lightning and hurricane weather can create hazards that cause a person to be pulled under or struck by lightning. Whatever the condition, inclement weather can cause drowning when people are in the water.

Lack of Proper Safety Equipment (Life Jackets, Etc.)

Drowning sometimes occurs because of a lack of proper safety equipment. Those on boats need gear like life jackets handy in case of a boating accident or man overboard situation. Inexperienced swimmers and those who can’t swim also need safety equipment such as kickboards to keep them afloat.

Inadequate Pool/Beach Safety Measures (Fencing, Signage, Etc.)

According to Florida Statute 515.27, residential swimming pools must be properly secured with fencing or other barriers and safety covers. Public pools and dangerous beach areas must also be enclosed to trespassers, and signs must be present to warn people. When these safety measures are lacking, drowning accidents can happen.

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Statistics on Drowning Incidents in Melbourne, Florida

Swimming, boating and other water activities regularly occur in Melbourne, Florida. Unfortunately, the area is no stranger to rip tide currents and various water accidents that lead to drowning. By the first quarter of 2023, eight people drowned in Melbourne Beach. Statistics have also shown that most fatal drownings occur in the area in the afternoon, after 3 PM. Oddly, many of these incidents happen during low tide. All also occurred on beaches without lifeguards present.

Liability in Drowning Accidents in Florida

When drowning accidents occur in Florida, someone is liable. You must understand premises liability for property owners and negligence by lifeguards or other parties.

Premises Liability for Property Owners

According to Florida Statute 768.0755, property owners must keep their premises reasonably safe to prevent accidents. This includes pools, and if a dangerous condition exists, they must fix the problem or block off the area and issue warnings. If the property owner fails to take proper measures to ensure safety and someone drowns, they can be held liable.

Negligence by Lifeguards or Other Parties

Lifeguards must be alert at all times while on duty. If someone appears to be drowning or has difficulty in the water, they must act immediately to rescue the person. Taking too long to react or not doing anything can lead to a tragedy.

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"I am so very grateful to have had this firm represent me. I was in a car accident a few years ago, but the car insurance company of the person who totaled my car would not replace my car, nor pay for my medical bills. We ended up going to court and because of Mr. Pickett, we won the case. Thank you so much for all you did for us!!!!"

Types of Damages Recoverable

Certain damages are recoverable in a drowning accident lawsuit. They include medical expenses, lost wages and pain and suffering.

Medical Expenses

Even victims who survive drowning accidents can have hefty medical expenses. This includes ambulance rides, hospital stays, medication, diagnostic testing, rehabilitation and other treatment.

Lost Wages

Drowning accidents can cause surviving victims to lose time from work. A letter from the employer and proof of income can show how much money a person has lost while recovering from their injuries.

Pain and Suffering

A drowning accident can cause pain and suffering to the victim. The person might have breathing problems after the incident or relive it mentally, experiencing anxiety or post-traumatic stress disorder. Some can also develop a crippling phobia of water.

Wrongful Death Claims in Drowning Accidents in Florida

Wrongful death actions are based on negligence. According to Florida Statute 768.21, if a person dies in a drowning accident, a wrongful death claim can be filed.

Who Can File a Wrongful Death Claim?

In Florida, the personal representative of the victim’s estate can file a wrongful death claim. This is done on behalf of the surviving family members.

Importance of Hiring a Drowning Accident Lawyer in Melbourne, Florida

There are good reasons to hire a drowning accident lawyer in Melbourne, Florida. An attorney understands the claims process and statute of limitations and knows how to deal with insurance companies in personal injury cases.

Understanding the Claims Process and Statute of Limitations

Drowning accident lawyers know how the claims process works and can ensure your lawsuit is filed within the two-year statute of limitations. Your attorney can advise you on what to expect with your case.

Dealing with Insurance Companies in Personal Injury Cases

Personal injury cases often involve insurance companies. If your drowning injury case is no exception, your lawyer can negotiate with an adjuster to ensure you get satisfactory compensation for your damages.

Andrew Pickett Law Can Help Drowning Accident Victims in Florida

If you or a loved one have been involved in a drowning accident in Florida, our experienced team is prepared to listen to your story and fight to secure the compensation you rightfully deserve. Whether the incident occurred at a pool or a beach, we’re here to help. Don’t hesitate to reach out to us by calling our office or submitting your details through our online contact form. We’ll promptly arrange a free, no-obligation consultation to discuss your case and explore your legal options regarding the accident.

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linda williams

I had the best experience working with Pickett Law. They are all very knowledgeable about the law. We personally worked with Atty Tiffany Whitehouse and her team of Tina Johnson and Vonda Vassar, they knew how to get us the most money that we were entitled to from a car accident. I don’t know what we would have done without their help. If you are ever looking for an atty, we highly recommend this office.

Response from the owner: Thank you for the great review, Linda! And thank you for your trust in our law firm. If we can ever assist you or any friends or family in the future, please let us know.

Shaun Peiffer

I had an excellent experience with Andrew Pickett Law firm. From start to finish, the team was incredibly responsive and attentive to my needs. Jessica was outstanding in patiently answering all my questions, making sure I fully understood each step of the process. I also want to thank Vonda for taking the time at the beginning of my case to walk me through everything, providing clarity and peace of mind. In the end, I was more than happy with the successful settlement outcome. I highly recommend Andrew Pickett Law firm for anyone seeking top-notch legal representation.

Response from the owner: Thank you so much for the wonderful review, Shaun! It was an honor to represent you. We are grateful for the trust you placed in us. If we can ever be of assistance to you or your friends or family in the future, please let us know.

Belinda Darnell

I had the privilege of working with Attorney Jessica Hicks alongside Attorney Andrew Pickett during my personal injury case, and their exceptional representation made all the difference. From the very beginning, they were attentive, compassionate, and highly engaged with every detail of my case. Attorney Jessica Hicks, in particular, formed a great personal connection with me, truly understanding the pain and challenges I faced after my accident.Their communication was outstanding, keeping me informed at every step through phone calls, office visits, text messages, and their office app. Attorney Jessica Hicks’ dedication and persistence led to securing the full allowable settlement amount without the need to go to court, which was an immense relief.I cannot recommend Attorney Jessica Hicks and Attorney Andrew Pickett highly enough. Their knowledge, support, and commitment are of the highest caliber. Jessica, in particular, is a determined and relentless advocate, ensuring that I was fully supported and heard throughout the process. If you're looking for attorneys who will truly fight for you, Jessica Hicks and Andrew Pickett Law are the ones to choose.

Response from the owner: Thank you for the great and thoughtful review, Belinda! It was a pleasure to represent you, and we are happy that you are satisfied with our efforts.

Jen Gonzo

ANDREW PICKETT LAW represented me in my case and they were professional all the way through. I am so grateful for what they were able to do for me. Big kudos to my attorney Jessica Hicks. 👏

Response from the owner: Thank you, Jennifer! Great review. So happy that we were able to resolve your case favorably!

Ken Williams

Andrew Pickett and his staff worked extremely hard to resolve my case I am extremely happy that I went with them and will use them in the future most definitely they kept me well informed and The professionalism I experienced wasunmatched.

Response from the owner: Thank you, Ken! It was a pleasure to represent you and get to know you.

Valeta Cameron

Exceptional attorney! Highly recommended for any of your personal injury needs.

Response from the owner: Thank you, Valeta!

Rose Hudson

Andrew and his team were incredibly knowledgeable and showed empathy and compassion to me throughout the entire process. My questions were always answered, even after the case closed. I continue to follow Andrew Pickett on various social media outlets as he regularly creates relevant and informative content. I highly recommend Andrew Pickett.

Response from the owner: Thank you, Rose! We really appreciate your kind words and your friendship. Please let us know if we can ever be of assistance in the future.

Marquisha Mansfield

Very helpful great status wonderful work

Response from the owner: Thank you for trusting us to help you with your case, Marquisha.

jhayco

Great job and great service

Response from the owner: Thank you for your review.

Beatrice Maxime

I am so very grateful to have had this firm represent me. I was in a car accident a few years ago, but the car insurance company of the person who totaled my car would not replace my car, nor pay for my medical bills. So we hired a Law Firm who then brought in Andrew Pickett Law on the case. I am so happy Andrew agreed to come onboard. He worked really hard on my case. Even though things were moving slow because of Covid-19 pandemic, he never stop working on my behalf. He was very dedicated to the case. I'm grateful for his professionalism, his patience, and his devotion.We ended up going to court and because of Mr. Pickett, we won the case.Thank you so much for all you did for us!!!!

Response from the owner: Beatrice, thank you so much for your kind words! I really enjoyed getting to know you and your family. It was an honor to represent you and join you on this journey.

Marilyn Colpitts

Fantastic service and professionalism. The Pickett Law firm handle my case with care and understanding. I recommend this firm with your case that may be out of the ordinary. Extremely pleased with the outcome.

Response from the owner: Thank you, Marilyn!

Tamara Peterson

From mid 2023 to February 2024 I had the honor of having Andrew Pickett Law Firm join the team representing my car accident case from 2019 which resulted in PTSD, and injuries to my neck, back, and brain.His high energy, determination, and dedication to bring the best possible outcome for any case definitely exceeded all expectations I could have possibly had.Resulting in the highest possible outcome for my case.I would highly recommend him to anyone needing legal representation!Knowing the depth of passion he has for every case he represents speaks for itself. You’re in the hands of a positive and powerful force with Andrew Pickett as your lawyer.

Response from the owner: Thank you for the kind words, Tamara. We were honored to represent you in your case.

Sylvester Hill

Response from the owner: Thanks for the 5-star review, Sylvester!

Brett Lindenberg

The best of the best! Andrew Pickett is the best personal injury / car accident attorney in Melbourne and possibly even the state of Florida. Most lawyers gloss over smaller clients, but Andrew demonstrated serious commitment, respect, and honesty throughout the process. Very thankful for Andrew Pickett Law and his knowledge to help resolve our situation quickly.

Response from the owner: Brett, we really appreciate the time you took to write such a nice review! It really means a lot to our firm.

Mary alice Mcconnell

Response from the owner: Thank you for the 5 star review, Mary.

Davis Legal Center Inc

Attorney Pickett and his staff are excellent. I have personally worked with and seen his care and compassion for his clients. Not to mention his ability to obtain favorable results for his clients inside and outside the courtroom. I recommend Attorney Pickett and his team without reservation!

Response from the owner: Thank you, Dameka! This means a lot. We appreciate you.

Des

I'm so grateful for this firm! They handled my case quickly and with ease.

Response from the owner: Thank you for the 5 star review, Destinee.

Ryan McCarville

Andrew is a great attorney and works really hard for his clients. He is incredibly active in the community and has a great reputation among his peers.

Response from the owner: Thank you for the 5-star review, Ryan! I appreciate the encouragement.

Matt Horwarth

Response from the owner: Thank you for the 5-star review, Matt!

Ethan Babb

Andrew is a tried and true trial attorney. I highly recommend him and his team of highly capable attorneys, paralegals and legal assistants. They truly care about their clients and go above and beyond to achieving the absolute best results.

Response from the owner: Thank you so much, Ethan! I have enjoyed getting to know you over the years and watching your career take off.

Betty Bobay

After being part of a unique preparation process Andrew uses to prepare his clients for presenting their story to a jury, I attended one of his trials to watch the process unfold. I was in awee as I observed how he left no stone uncovered with the depositions, visual aids, videos from relevant physicians, (who shared in lay terms with the jury...how the crash had impacted the client medically and changed the entire trajectory of their life). Andrew is laser focused on helping a jury understand how a client's life has been altered and the losses they have incurred as a result. If you need a Personal Injury Attorney, you could not ask for someone more compassionate and laser focused on helping you than Andrew Pickett.

Response from the owner: Thank you for the kind words, Betty

John Gozowsky

Thank Tina Johnson for a good job

Response from the owner: John, thank you so much for the kind words. It has been an honor helping you.

Alexander Roye

Andrew and his team as as good as they come. Their extensive knowledge matched with genuine care about you as a client makes this firm by far the best I have delt with. 100% recommend to anyone looking for their services.

Response from the owner: Thank you for your kind words, Alexander.

Steff Smith

Pickett Law is an outstanding firm!! Mr. Pickett is a well experienced personal injury attorney with an amazing staff. Both Attorney Hicks and Attorney Whitehouse have been a great addition to his office. Sometimes, as a firm grows you notice their attention to their clients lessen - that is definitely not the case with Pickett Law.

Response from the owner: Thanks, Steffanie! We appreciate the kind words. I’ll share your feedback with the other attorneys in my office.

Marta Kiss

I have had the pleasure of working with Andrew Pickett and his stellar team on two trials. The preparation, dedication and precision he puts into each client and case translates into the courtroom. Andrew is an excellent trial lawyer, and I look forward to working with him again in the future.

Response from the owner: Thank you for the great review, Marta! We enjoyed working with you and look forward to working with you on more cases in the future.

ScraggssFit

Andrew and his team are some of the most genuine and selfless people I’ve met. If you’re looking for a legal team that will fight for you, then they’re your team!

Response from the owner: Thank you, Amy! We appreciate the kind words. It means a lot.

Nathan Special

If you are looking for an attorney in Melbourne to help with your car accident case, call Andrew Pickett Law. He’s a wonderful attorney, and very easy to talk to. He was very understanding and patient when we were going through such stressful times. He got us the results we were looking for.

Response from the owner: Thank you for the 5-star review, Nathan!

Robert Frost

They were very good and hrlpful

Response from the owner: Thank you, Robert. It was an honor to represent you.

victor shallow

The staff at Andrew Pickett Law is excellent. They have been great at communicating with me. The attorney on my case has made herself available to answer my questions anytime I need. I highly recommend this team of professionals.

Response from the owner: Thank you for the kind words, I am glad we are able to help you with your case.

Elena Johnson

Vonda at Andrew Pickett law has gone above and beyond! I'm very grateful I've had her in my corner during this really stressful process of dealing with insurance companies. I've never been in an accident before and had no idea what to expect or what the process was. Vonda has helped me each step of the way, explaining everything to me. Everyone I've interacted with at the law office has been patient, thorough and knowledgeable. Highly, highly recommend!

Response from the owner: Thank you for the kind words, Elena. We are honored to be able to represent you and help you during this difficult time.

Alan Carlow

Thank you for your help.

Response from the owner: Thank you, Alan! It has been our honor.

Tonya Moreno

Jenny is well versed right down to the fine details I felt confident and happy with my decision. I would recommend her any time.

Response from the owner: Thank you for the great review!

Susan DiFilippantonio

I do not write many reviews but am compelled to share how wonderful it is working with Jenny in the Melbourne office! She goes thar extra mile and is a super star with this firm! So very very happy with my dealings with her! I would give her 100 stars if I could!!!

Response from the owner: Thank you, Susan! What a great review!

Tammy Trentham

Tina Johnson has been amazing to work with during this time of need. Thank you Tina.Vonda Vasser was very informative and understanding during my process. Thank you also, Vonda.

Response from the owner: Thank you for the kind review, Tammy!

John Thomas

Andrew Pickett of Andrew Pickett Law is a lawyer of unparalleled character and integrity. I have known Andrew for more than a decade, both personally and professionally. Andrew always demonstrates a level of professionalism and dedication that exceeds expectations.As a highly trained trial lawyer, Andrew brings a wealth of experience to every case he handles. His commitment to providing personalized service is evident in his meticulous approach and unwavering attention to detail. Andrew takes the time to understand his clients' needs and concerns, ensuring they feel supported and informed throughout the legal process.What truly sets Andrew apart is his genuine care for his clients. It is his goal to treat each individual with the utmost respect and compassion, speaking honestly and realistically about their options. Andrew approaches every case with integrity, always striving to achieve the best possible outcome for his clients.I wholeheartedly recommend Andrew Pickett to anyone in need of legal representation.Thank you, Andrew, for your exceptional service and for truly caring for your clients like family. Your dedication to the legal profession and commitment to integrity make you a standout in your field.

Response from the owner: Thank you for the wonderful review, John!

Danette Lauricia

Response from the owner: Thank you for the 5-star review, Danette!

menny salomon

Attorney Andrew Pickett went above and beyond to assist me with my case. His advice was top-notch, and he executed everything just as he promised. His communication was flawless, and he was punctual every time. I highly recommend Attorney Pickett and will only be seeking his services in the future.

Response from the owner: Thank you, Menny!

Colleen DeGraff

If you're looking for personalized, hands-on representation - look no further. The attention to detail and drive to get you the results you deserve are just a few reasons why the firm is successful.

Response from the owner: Thank you Colleen!

jessica bohlke

Absolutely shocked on how quickly I heard from this law firm. I reached out via chat on their website, which was very convenient, and within 2 hours I received a phone call directly from Andrew. He was so kind and so thorough with his intake for my auto injury accident. Highly recommend!Update: beyond satisfied with Andrew picketts law firm. His team was amazing! They were very communicative and organized throughout the whole process. I really felt like they had my best interests at heart. Definitely still recommend!

Response from the owner: Jessica, thank you so much! We look forward to working with you.

Hope Cremona

I was very happy with the service I received at Andrew Pickett Law and with the outcome of my claim. I had all my questions answered in a timely manner. Mr. Pickett made himself available to speak with me about the status of my case throughout the process and I found his legal support staff very helpful and responsive. I would highly recommend him.

Response from the owner: Thank you for giving us the opportunity to represent you. I am pleased that you were satisfied with the outcome! Please let us know if you ever need any assistance on other matters in the future.

Ben Glover

Andrew Picket Law was extremely professional and responsive. He addressed my concerns and handled my matters with professionalism. I am very appreciative for him and his staff.

Response from the owner: Thank you for the kind words, Ben!

Devon Landman

Often, I get the privilege of working with Attorney Andrew Pickett, a distinguished personal injury attorney based in Florida, and I cannot speak highly enough of his exceptional legal skills and dedication to his clients.Navigating through the aftermath of a car accident can be overwhelming, but with Andrew, clients feel supported every step of the way. Additionally, he is exceptional at handling dog bite cases. His thorough understanding of personal injury law and diligent approach to building a strong case results in a successful outcomes for his client, time after time.Whether you're dealing with the aftermath of a car accident or a dog bite incident, I wholeheartedly recommend Andrew Pickett for expert legal representation and unwavering support.

Response from the owner: Thank you, Devon! I appreciate the kind words.

Daniel Hayes (Dcypherd)

Mr. Pickett and his team are OUTSTANDING! His attention to detail is amazing. He really understands his clients and puts his soul into building a case. He always kept me in the loop, valued my input, responded to any and all questions I had, and made me feel confident and comfortable throughout. His reputation preceded him and he lived up to, and beyond, my expectations. I cannot recommend him highly enough. Thank you Mr. Pickett for helping me through an incredibly tough time in my life!

Response from the owner: Danny, thank you for trusting me to represent you. It was an honor.

Chantel Hayes

I cannot thank Andrew Pickett & his team enough for the outstanding legal representation and support they provided throughout my husband’s injury lawsuit. From first meeting as a referral from another (great) attorney to the triumphant conclusion of the case, Mr. Pickett demonstrated an unparalleled level of expertise, professionalism, and dedication.His meticulous attention to detail and deep understanding of personal injury law were evident every step of the way, and his strategic approach to building and presenting the case was truly remarkable. Mr. Pickett kept us informed and involved throughout the entire process. He is so personable that it was easy to look to him as a friend and open up which is so important in this arena.Thanks to Andrew Pickett’s unwavering commitment and tireless advocacy, we achieved a successful outcome that exceeded our expectations. We really are incredibly grateful for the hard work, compassion, and the genuine care shown. I wholeheartedly recommend Andrew Pickett to anyone in need of legal representation for personal injury matters. His expertise and genuine dedication to clients makes him a standout in this field. Thank you, Mr. Pickett & team for making a positive difference in my husband’s future.

Response from the owner: Wow! What a great review. Thank you for the kind words, Chantel!

Amyra Emysa

Response from the owner: Thank you for the 5-star review!

Mackendy Augustin

Response from the owner: Thank you for the 5-star review!

Angel Urbina

I would recommend Mr. Pickett to everyone. They are a first class law firm!. Thank you Vonda and Tina for your outstanding work as well!

Response from the owner: Thank you for the kind words, Angel! It was an honor to represent you.

Rachael Shaffer

Vonda and Tina were amazing! They helped guide me entirely, making this process simple and easy! I would definitely highly recommend Andrew Pickett and his team! Thank you Vonda and Tina ❤️

Response from the owner: Thank you so much for the kind words, Rachel! It was an honor to represent you.

Thomas Curry

I enlisted the services of Pickett law firm to assist with a personal injury claim on behalf of a sibling. The service and response were exceptional provided by Vonda initially and later Mr. Pickett. In very short order, I had a several conversations and detailed email explaining all options available to me. Although my claim did not amount to a monetary award as of yet, I would not hesitate to recommend them to anyone who requires those services.

Response from the owner: Thank you for taking the time to write a wonderful review! Glad we could assist!

Chris Rose

Response from the owner: Thank you for the 5-star review, Chris!