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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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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Jimi

I recently spoke with Andrew about a legal matter I was unsure of. He took the time to explain not only what the correct legal course was but WHY it was the correct legal course, so that I could feel confident in the decision we settled on. 100% would use his services again, and cannot recommend him highly enough.

Response from the owner: Thank you so much for your kind words and for taking the time to share your experience! I'm glad I could provide clarity and help you feel confident in your decision. It's always my goal to ensure clients understand not just the "what," but the "why" behind the legal process, so they feel empowered. If you ever have any questions or need assistance in the future, please don’t hesitate to reach out. Your recommendation means a lot to me, and I truly appreciate your trust!

Pat Gaffney

From the start everyone I have spoken of spoken or worked with have treated me as a valued client. They have quickly responded to any questions and/or concerns I have had. I look forward to working with them with great confidence

Response from the owner: Thank you so much for your kind words, Pat! We are thrilled to hear that you feel valued and supported by our team. Providing responsive and compassionate service is always our goal, and it's wonderful to know that we’ve met your expectations. We look forward to continuing to assist you with great confidence! If you ever have additional questions or concerns, don’t hesitate to reach out.

Amanda Baggett

As a fellow personal injury lawyer in Florida, we enjoy working with this firm on cases.

Response from the owner: Thank you for your kind words and for taking the time to leave a review! We truly value the collaborative relationships we’ve built with fellow personal injury attorneys across Florida. Working together allows us to better serve our clients and uphold the standards of our profession. We look forward to continuing to partner with you on cases in the future!

Margaret Wagner

I have been a lawyer in this community for almost 20 years now. I have had the pleasure of working with all of the attorneys in this firm for years during my career. Andrew Pickett Law has always been a trusted firm when it comes to who I refer auto negligence cases to but, I can tell you without a doubt that this firm has grown exponentially with the addition of stellar attorneys such as Ms. Jessica Hicks and Ms. Tiffany Whitehouse. Over the years I have referred numerous cases with confidence to Pickett Law because of Andrew Pickett’s experience and his reliable team and will continue to do so in the future because of the time, attention, compassion, and experience the entire firm brings to bear when handling each case.

Response from the owner: Thank you so much for your kind and thoughtful words! We are honored to have earned your trust and confidence over the years. It’s been a privilege to collaborate with such a respected member of our legal community. Your referrals mean the world to us, and we remain committed to providing the time, attention, compassion, and experience that each client deserves. Thank you for your continued support—we deeply value our professional relationship and look forward to many more years of working together!

Maria Slate

I’m very appreciative of the help and guidance Kim gave me during my time with the firm. Highly recommend!

Response from the owner: Great review, Maria!

Lani L

I recently had the pleasure of working with Andrew Pickett Law and I must say, they exceeded my expectations. From the moment I walked through the door, the staff was incredibly friendly and welcoming. They made me feel at ease and were always ready to answer any questions I had. Jessie Hicks and Tiffany Whitehouse were not only knowledgeable but also extremely approachable. They took the time to understand my case and provided clear, concise advice. I never felt rushed or overlooked; they genuinely cared about my situation. They are a team of true professionals who treat their clients with respect and compassion. Thank you!

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

Shannon M

I cannot recommend Andrew Pickett Law enough for anyone in need of personal injury representation. Jessica Hicks and Tiffany Whitehouse are absolutely phenomenal attorneys who go above and beyond to ensure their clients feel supported and confident throughout the entire process. Jessica is incredibly compassionate and detail-oriented, always taking the time to thoroughly explain everything and answer questions with patience. Tiffany is equally impressive, bringing unmatched expertise and determination to the table. Together, they form an incredible team that is not only professional but also genuinely caring. If you’re looking for attorneys who will fight tirelessly for your case while treating you like family, look no further. Jessica, Tiffany, and the entire team at Andrew Pickett Law are truly exceptional!

Response from the owner: Wow! What a great review, Shannon. Thank you!

Jeanine Marchica

It has been more than reassuring working with Jessica Hicks and Tiffany Whitehouse. They are very knowledgeable and can answer any of my questions or concerns in a way that I can understand. They make me feel comfortable about any concerns or questions I might have. They are prompt at returning and answering phone calls. I really recommend this law firm. If anyone would ask me who to recommend I would recommend this law firm, instead of those gimmicky commercials you see on T.V. They are truly the best and get the job done. They are a pleasure to work with.

Response from the owner: Jeanine, we really appreciate your kind words!

Ginnie Poteet

Lindsey Pike was outstanding in assisting with all my needs, displaying impeccable attention to detail. She’ll be my go-to in the future. This firm is top-notch, and I highly recommend them to anyone in need of a personal injury lawyer.

Response from the owner: Thanks, Ginnie!

Michael Slate

Kim is awesome! Highly recommend.

Response from the owner: Thanks, Michael!

Monica Slate

Kim is extremely helpful and knowledgeable in her field. She helped me walk theoigh the legal process with ease.

Response from the owner: Monica, thank you for the 5-star review!

Tina Wyatt

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

Carol Mangone

A top rate law Firm. Working with Tiffany and she responds to every message within the day. Very professional, top notch and diligent. Excellent to work with.

Response from the owner: Thank you, Carol! We appreciate the nice review.

Amber Hartnett MSW, LCSW-QS, MCAP

Attorney Hicks was thorough realistic and very helpful. Her and her team made sure to help me understand the process every step of the way.

Response from the owner: Thanks, Amber!

Al boileau

I recently had an opportunity to have Lindsey Pike assist with a project and she was outstanding. Her attention to detail was always spot on and she will always be my go to person in the future.

Response from the owner: Al, we appreciate your confidence in our firm!

Alex B

I consider Andrew Pickett Law the go to personal injury firm in Brevard County. The lawyers, paralegals and entire staff are great to work with. Especially, paralegal, Lindsey Pike. Can't go wrong with entrusting this firm.

Response from the owner: Alex, we appreciate your kind words!

nicole

Incredible firm. Would recommend them to all of my family and friends should they ever be in need of a personal injury lawyer.Litigation paralegal, Lindsey Pike puts the personal in personal injury.

Response from the owner: Nicole, thank you!

Jean Florin

Lindsey Pike is our Niece, whom we love and are so proud of. She is honest, trustworthy, intelligent, and follows through on things she is assigned. She is a quick-thinker and a creative thinker, and is always volunteering to help those in need. We are so happy she is back in the law field that she has always been excited to work in and we are also sure she will meet every challenge head on annd accomplish all her goals!

Response from the owner: Jean, thanks for the great review! We are grateful to have Lindsey on our team.

Dara Lynn

Ashley Johnson isprofessional, efficient and kind recommend she and Pickett Law!

Response from the owner: Thanks, Dara!

Stacey Sprinkle

Jessie Hicks and Tiffany Whitehouse build strong relationships with their clients which is a cornerstone of a successful attorney. Their effective communication skills are paramount in this regard. They are responsive providing not only legal advice but also emotional support and guidance. Highly recommend the two for all personal injury claims. ⭐️⭐️⭐️⭐️⭐️

Response from the owner: What a great 5-star review, Stacey!

Jason Hicks

As a fellow attorney I send auto accident client referrals to Andrew Pickett Law and to no one else. They have great attorneys on staff who are knowledgeable, trustworthy, and have trial experience. Unlike massive firms that advertise a ton on tv, but may treat the client like a forgotten number, Andrew Pickett Law provides personal attention to each case. I highly recommend.

Response from the owner: What a great review, Jason! We greatly appreciate the trust you place in our firm.

Greg Guiles

I had an excellent experience with Andrew Pickett Law and especially with their paralegal, Lindsey Pike for my personal injury case. Lindsey was incredibly informative and took the time to thoroughly explain the litigation process to me, which made navigating everything so much easier. She was patient, responsive, and always made sure I felt supported throughout the case. I truly appreciated her guidance and professionalism. I would highly recommend Andrew Pickett Law anyone seeking legal assistance.

Response from the owner: Thank you, Greg! We appreciate the kind words.

Eric Edgerton

Lindsey Pike is AMAZING!!!

Response from the owner: Eric, thank you!

Susan Begley

I have know Linsey Pike for several years and she has been such a strong support. She listens, she is access quickly and accurately and she has has a strong knowledge base. When she doesn’t have an answer she finds one. With integrity, kindness, and vigor, she pursues justice. ,

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

Sherry Boswell

Response from the owner: Sherry, thank you for the 5-star review!

Debra Graham

Response from the owner: We really appreciate the 5-star review, Debra!

Brandon Delossantos

Response from the owner: Brandon, thank you for your review!

steve alukonis

Andrew Pickett Law firm is the best. He has a great group of attorneys and paralegals who go above and beyond for there clients. I have personally worked with Tiffany Whitehouse and she is what they call perfection! I like that she stays in contact with the client and answers every question to the best of her ability and if she doesn’t know, she finds out the answer and gets right back to you. She is definitely an asset to this law firm. All around, great law firm and would definitely recommend them.

Response from the owner: Steve, your kind words are very much appreciated!

Hailey Tongue

This law firm is the best! Tiffany Whitehouse is absolutely amazing!! My dad was involved in a very bad car accident and from the beginning of the process, Tiffany has been top notch! She has kept in contact the entire process keeping us informed of everything that she is doing along the way! She even went to visit my dad in the rehab facility! She is absolutely amazing and I can’t thank her and the entire team at Andy Pickett law!!

Response from the owner: Hailey, thank you for your trust in our firm!

amber rutgerson

My experience with Pickett’s Litigation Paralegal, Lindsey Pike was top notch!! She remained calm, organized and had all the answers to every question I had!! Thank you Lindsey!!!

Response from the owner: Thank you, Amber!

Lindsey Pike

Phenomenal law firm! They care about their clients and their results!

Response from the owner: Thank you, Lindsey!! We appreciate the kind words.

Alan Woolwich

My recent experiences with the Andrew Pickett Law firm where top flight in handling my automobile accident where I was hit from behind by a under-insured driver and received related injuries and vehicle damage. Attorney Jessica Hicks and the entire Pickett Law team in Melbourne, FL did an excellent job from the first consultation call to the final settlement results with very favorable outcomes in restoring my health, property and compensation. The team provided excellent and timely coordination, guidance, preparation and advice throughout legal process with a balanced application of phone calls, texts and emails and were always available, responsive, professional and friendly. The coordination and negotiations with my multiple medical providers and insurer by Attorney Jessica Hicks was impressive and impactful. If you are involved in an accident in Brevard County Andrew Pickett Law and team will deliver results and I would recommend they be your first consultation call.

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

Maria Mendelson

I highly recommend Andrew Pickett and his team. They handled my accident case with professionalism, knowledge, and care. They were always available to answer my questions and kept me informed throughout the entire process. Their dedication and expertise made a stressful situation much easier to navigate. I’m very grateful for their support and the positive outcome they achieved for me.

Response from the owner: It was a pleasure to represent you, Maria! Thanks for taking the time to write a nice 5-star review.

Meredith Sand

I had a great experience working with Jessica Hicks. Professional, efficient and very knowledgeable. Great results, would highly recommend.

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

Joshua Cason

I had an outstanding experience with Pickett Law. Attorney Jessica Hicks and the Pickett Law team did an incredible job on my trip and fall case. From the first phone call with Jessica and Andrew Picket, I knew I was in good hands. Jessica Hicks is an incredible advocate, she is prepared thorough, and will go the extra mile. The entire staff truly care about their clients, they are so knowledgable and answered any questions I had throughout the case. I am so blessed to have the best team represent me. Thank you: Jessica Hicks, Jeremie, Tina, Kimberly, Vonda, Jenny, Andrew, and the entire Pickett Law Team!!

Response from the owner: Josh, what a great review! Thanks for trusting us to assist you with your case. Please let us know if we can ever be of service in the future.

Victoria Wasinger

Jessica Hicks is an outstanding attorney. She is extremely knowledgeable, effective in the courtroom and made me feel at ease. You’re in good hands with Jessica and this law firm.

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

Matthew Wasinger

Jessica Hicks is my go to for anything Personal Injury related. She is organized, well prepared, attentive to her client's needs, and she is not afraid to take a case to trial. If you want an attorney that will fight for you and protect your legal rights, she is the best there is.

Response from the owner: Thank you, Matthew!

David Z

I’m not sure I’d still be here today without Jessica Hicks. Thank you Andrew Pickett Law!

Response from the owner: Thanks, David! We appreciate your kind words.

Malaina Brow

i highly recommend JESSICA HICKS she is and outstanding attorney and has done wonders for my case, i can't thank her enough for all her hard work and dedication. she has put in the time to help me, very caring and gets the job done million stars...

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

Mandy Brown

I would highly recommend Jessica Hicks as a great attorney. She walked me through everything with a piece of mind and made me feel at ease. Very compassionate and excellent communication. Helping me understand step by step what was happening with my situation. Very grateful for her

Response from the owner: Glad we could help, Mandy! Thanks for trusting us.

Jason Bucci

"I cannot recommend Andrew Pickett Law highly enough! After my car accident, I was overwhelmed w/ medical bills, insurance calls, and tons of stress. From the moment I reached out to them; their team treated me with care, professionalism, and respect. They explained every step of the legal process in clear terms, kept me informed, and fought tirelessly to settle my case.Their expertise and attention to detail were apparent throughout the case, and they truly made me feel like a priority. Thanks to their hard work, I was able to focus on my recovery while they handled the legal issues. If you're looking for a knowledgeable, compassionate, and dedicated legal team I strongly recommend Andrew Pickett Law.

Response from the owner: Thank you, Jason!

Fallon Klenotich

I had an amazing experience with Andrew Pickett Law. I was always receiving calls, messages and emails with any updates to the case or questions they had for me. Their availability to answer my calls and questions was flexible and respectful. I would highly suggest this law firm for any person who has experienced injury from an automobile accident and is seeking further assistance legally. This office makes sure you are informed and well taken care of.

Response from the owner: Fallon, thank you! I am happy we were able to meet your expectations.

Dayna Rivera

Andrew Pickett Law and their team of attorneys are exceptional. Mr. Pickett is knowledgeable, courteous, and dedicated. A consummate professional. As an attorney, I’ve had the pleasure of working alongside Ms. Hicks and Ms. Whitehouse and their trial experience and negotiation skills are outstanding. What an amazing team!

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

Daniel Thillet

It's hands down one of the best personal injury firms I’ve ever seen! I referred my brother to this firm, and he continues to tell me how communicative and diligent Jessica Hicks and Tiffany Whitehouse are in getting him the best outcome!

Response from the owner: Thanks, Daniel! We appreciate you.

Taylor McDermid

Review for Jessica Hicks and Tiffany WhitehouseJessica Hicks and Tiffany Whitehouse are exceptional personal injury attorneys who truly stand out for their attention to detail and genuine care for their clients. From the very beginning, they go above and beyond to ensure every aspect of your case is meticulously handled. They take the time to understand your unique circumstances, patiently answer all your questions, and keep you informed throughout the process.What sets them apart is their heartfelt dedication to their clients. You can tell that they genuinely care—not just about winning cases, but about helping people rebuild their lives after difficult situations. Jessica and Tiffany are compassionate, responsive, and fiercely advocate for the best possible outcome.If you’re looking for attorneys who combine legal expertise with a personal touch, Jessica Hicks and Tiffany Whitehouse are the team you want on your side. Highly recommended!

Response from the owner: Thank you, Taylor!

Frankie Vitiello

I cannot say enough positive things about Andrew Pickett Law and their incredible team of attorneys. Jessica Hicks and Tiffany Whitehouse bring an exceptional level of professionalism, skill, and care to every case they handle. Jessica’s extensive trial experience is evident in her strategic approach and dedication to achieving justice, while Tiffany’s unique combination of legal expertise and medical knowledge provides invaluable insight for personal injury cases.What truly distinguishes this firm is its unwavering commitment to justice and client care. From the first consultation, you are met with clear communication, thoughtful strategy, and a team that treats your case with the gravity and diligence it deserves. If you are seeking tireless advocates who blend compassion with formidable expertise, Andrew Pickett Law is the firm to trust.

Response from the owner: Thanks, Frankie! We appreciate you!

Zak Kolo

Tiffany Whitehouse & Jessica Hicks are some of the most talented and driven individuals you will ever have the pleasure of working with. Their professionalism and kindness goes beyond and is a weight off your shoulders.

Response from the owner: Thanks, Zak!

Jordan Kolodziejczak

Tiffany Whitehouse and Jessica Hicks are AMAZING attorneys who have dedicated their careers to helping people in need. There work at Pickett is a shining example of this the way they fight for their clients (even getting better results than some of the bigger firms in the area)

Response from the owner: Thanks, Jordan! We appreciate your kind words and support!