Over two million Americans enjoy exploring the world less traveled as certified scuba divers. These adventurous individuals know that diving opens up a world that most people never experience. However, there are inherent risks to accept and a great deal of training required to become a certified scuba diver. A large part of that training is to learn about the function of your essential scuba gear and how to react when you discover there is an issue. The mantra of scuba divers everywhere is never to let tiny problems pile up to create a life-threatening situation. However, no amount of training or care can eliminate every potential hazard.
According to recent studies, there are less than five fatalities per 100,000 divers in the United States. That number is very reasonable when compared to the two deaths per 100,000 swimmers in lakes, the ocean, and swimming pools across the country. However, it is a reminder that not all dives have a happy ending. If you or a loved one suffered an injury from a Catalina diving accident or a diving accident anywhere in California, you need to speak to the Normandie Law Firm’s expert diving accident attorneys.
These diving accident injury attorneys understand that even when a diver follows all the safety guidelines of the sport and regularly inspects gear, a diving accident injury can occur. Sadly, most diving injuries from the Catalina and the California coast are due to the negligence of someone other than the diver. And that means the diver has the legal right to seek compensation for their injuries and losses related to the diving accident. Please contact the Normandie Law Firm at your earliest convenience to discuss your injuries and the details surrounding the incident to determine if you can sue to recover your losses and damages. We are here 24/7 and offer a free consultation to each client.
The Common Hazards Of Diving In California
With over two million certified divers in the United States, it is easy to understand why many are flocking to California to dive the over a dozen sites around Catalina and hundreds more along the state’s coastline. But even when the conditions are ideal and gear has been checked and rechecked, things can go terribly wrong when a diver is underwater. In some cases, the training has provided the knowledge and skills needed to surface safely and avoid a severe injury. However, in other instances, the diver suffers serious, if not life-threatening, injuries. The most common severe diving injuries include:
- Decompression Sickness – most people know decompression sickness as the Bends. But they have no idea that the condition is life-threatening and immensely painful. It occurs when a diver ascends too rapidly, not allowing for time to off-gas. The gas bubbles form in the body’s tissue and can lead to fatality if they reach the heart or brain.
- Pulmonary Injuries – the first rule of diving is never to hold your breath. This vital guideline is because the air in your lungs can expand rapidly as you move toward the water’s surface. The increased atmospheric pressure in deep water is reduced as you move toward the surface. And if you are holding a full breath of air, the air volume will expand and destroy your lung tissue.
- Barotrauma – Divers are also taught the essential skill of equalizing pressure inside their sinuses and ears throughout their descent. Again, the change in atmospheric pressure as you dive needs to remain balanced with the pressure inside your ears and sinuses. If a diver does not equalize, the excessive pressure can rupture an eardrum or damage other soft tissue in the ears and sinuses, leaving permanent damage and loss of hearing.
These are examples of the most severe diving-specific injuries that might occur. However, there are also much more common injuries, such as broken or fractured bones, lacerations, puncture wounds, joint damage, soft tissue injuries, and many more. Regardless of the type of injury sustained while diving, it is crucial to seek emergency medical care immediately. Only after a complete medical evaluation will you understand the severity of a dive injury and the proper treatment for your diving injuries.
After you have gotten the medical care you need to treat your diving injuries, the next call should be you Normandie Law Firm to speak to the California diving accident attorneys on staff. These experts will be able to help you understand who could be responsible for your injuries and how to move forward to seek compensation for your damages.
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Who Is Genuinely Responsible For Your California Diving Injury?
To the untrained, a diving accident or injury could appear to be the diver’s fault. After all, they are the ones who got themselves into a hazardous situation. So they must be to blame. However, that is far from the truth. A skilled and well-trained diver relies on many other people and entities when preparing for and executing a dive. Some of the parties who could be responsible for a diving accident or diving injury include:
- The manufacturer of any defective gear
- The owner of the dive boat
- The captain of the dive boat or any crew members
- The dive shop where you rented equipment or air tanks
- The company that filled the air tanks for the dive shop or the dive boat
- The charter company that sold you a ticket to the dive boat
- The dive master or dive guides on the trip
- Other divers in the water with you on the dive
- Other boat operators in the area of your dive
The list of potential defendants in a diving accident or diving injury lawsuit can be lengthy. Divers trust others in the water, the operators of boats in the area, and every person or entity that services or maintains the dive gear for the dive. If any of them failed to act responsibly, they could be negligent in their duty to others and liable for the injuries you sustained. The diving accident attorneys at Normandie Law Firm will help you determine who is responsible for the negligence that caused the accident and your injuries to seek the compensation you deserve.
The Dollar Value Of A Diving Accident Lawsuit
Unfortunately, there is no way to accurately determine the value of your diving accident lawsuit without evaluating your expenses and other damages related to the incident. Your diving accident attorney at Normandie Law Firm will assist you in gathering all the information needed to assess the value of your settlement which can include:
- The severity of your injuries and the cost of the medical treatment, therapy, and rehabilitation for the injuries
- Diving injuries also often require medical airlift evacuation from the dive site when injuries are life-threatening. Your settlement should include the cost of any evacuation needed for medical care
- Pain and suffering
- Lost wages if you were unable to work as a result of the injuries
- Punitive damages in cases involving gross negligence
- Legal expenses
Your Normandie team will help you determine all the expenses and losses you have suffered from the diving accident and what you have a right to include in your request for compensation.
Do I Still Have Legal Rights After Signing A Waiver?
Most waivers are used by a gear rental company, dive shop, or dive op to ensure that you are a certified diver and know how to properly use the equipment to scuba dive safely. In addition, the waiver tells you that the dive shop, rental company, or dive boat operation has prepared all the gear in an industry-standard manner and will operate within the safe parameters of the equipment from the dive gear to the boat. However, if anyone has been negligent in their duty to act within industry standards, they are negligent and in breach of their duty. That gives you the right to sue for negligence and to recover your losses.
The Stature Of Limitations
While you have two years from the date of the diving accident to sue for damages under California law, the Normandie experts recommend acting quickly to retain legal services. The sooner you file your claim, the faster the case will move through the legal system and the faster you will get your settlement. Although there are no set time frames for completing a litigated case, filing rapidly will help get you the money you need as quickly as possible.
We Work For Free
At Normandie Law Firm, we never ask for any payment from our clients until we have won their case. So if we do not secure a settlement or verdict in your favor, you owe us nothing. This policy allows you to focus on healing while we work to defend your rights and get you the compensation you deserve.
Even if another law firm has told you you have no case, please contact our office. We are proud to offer a free second opinion to ensure you have the professional legal representation you need after a California diving accident.
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