Diver rights exist, despite what many people may think to the contrary. Though some well-intended people may tell an injured recreational, public safety or technical diver or student that they assumed the risk of injury by diving that does not mean that there are no diver rights under the law. Others may not be aware that a commercial diver’s rights are protected by federal law or longstanding maritime laws.
Anyone injured in a diving accident should consult with an experienced and knowledgeable diver rights attorney to find out if they have any legal recourse for their injuries. Often, divers and their loved ones are surprised to learn that they have diver rights and they can file a claim based on their injuries. Families who have lost loved ones also may fail to fully investigate the incident causing death and are thus unaware that the death was preventable. An experienced attorney familiar with diver rights understands that a full, thorough and expert investigation into the cause of a diver’s death may help establish that the diver’s rights have been violated.
Whether the injuries sustained are a result of equipment failure, human error, instructor oversight, employer fault, the diver’s error or some combination thereof, there are often diver rights that can offer some legal recourse for the diver and/or his or her family.
Very often an injured diver is faced with dire consequences from his or her injuries, including potentially the inability to work and sustain themselves and their family. It is not uncommon for an injured diver and/or his or her family to first inquire about diver rights after a bankruptcy attorney or other attorney referred them to an experienced diver rights attorney.
As a result of the lack of understanding of diver rights, many divers and their families never file a claim despite their legal rights to do so. Or, in some cases, the diver learns about diver rights after the statute of limitations has expired which means they will not be able to make a claim based on their injuries.
Though it is true that not every diver will have a claim under diver rights laws, many do have a claim. Since there are law firms with experienced diver rights attorneys on staff who do not charge for a consultation, it is always in the best interests of the injured diver and/or his or her family to consult with a knowledgeable and experienced diver rights attorney.
The attorneys at Delise & Hall consult with clients who often do not have any idea of what diver rights there are under the law. By listening to each client with compassion, empathy and the legal experience to know their rights, every diver rights attorney in the firm is able to offer sound legal counsel and practical advice to assist the injured diver and his or her family through a very difficult time.
Many injured divers assume they have no rights and never consult with an attorney. Unfortunately many of these divers will lose their ability to file a lawsuit despite the fact that they potentially were covered under diver rights laws. Consulting with an attorney as early on in the process as possible is the best way to ensure that all rights are protected with respect to diver rights.