No, not necessarily. I am assuming from your question that your child fell overboard during a boat accident on Barren River Lake, Rough River Lake or another Kentucky waterway. If she did not fall overboard then her swimming skills are irrelevant to any potential wrongful death claim, and even if she did fall overboard her swimming skills may not prevent you from filing a successful wrongful death claim.
What Will Be Relevant
For purposes of this question, I will assume that your child was in the water. The question will be whether someone else’s negligence put her in the water or prevented her from getting out of the weather. For example, you will want to know:
- Why she ended up in the water. Was the boat operator negligent in the way he operated the boat?
- Whether she had a life jacket available to her.
- How long it took for someone to notice she was overboard and call for help.
In other words, it is the actions (or inactions) of the boat operator that are relevant to your recovery.
Is a Wrongful Death Case Right for Your Family?
Your child’s estate may have the right to bring a wrongful death claim if she died in a Kentucky boat accident. Such a claim can help you recover for medical expenses incurred prior to death, funeral expenses, pain, suffering, and other damages. To learn more, please fill out the contact us form on the side of this page so that we can schedule a free consultation with you.