One of the most tragic events that can happen to you and your family is a drowning. A family member or loved one could pass away due to unforeseen circumstances from a drowning incident
, and you may not know how to proceed. It is important that you take the best path necessary for your loved ones. If you wish to file a lawsuit to pursue compensation to pay for the various expenses that racked up after the untimely passing of your family member, you can call our law firm, the Downtown LA Law Group, for more assistance. Our drowning accident attorneys are some of the best in town, and we will always help you through the ordeal as best as we can.
How do drowning accidents happen?
A drowning accident can occur in many ways. A family member or loved one should generally be aware of his own swimming abilities and of any dangers or hazards present in bodies of water. Unfortunately, accidents still happen regardless, sometimes due to the negligence of other parties. Drowning incidents can happen in the following ways and places:
- Pool accidents, often caused by diving into shallow water and getting knocked out, not knowing how to swim, seizing up or cramping, and more
- Beach accidents, such as those caused by riptides, falls off boats, inebriation, and more
- Facility accidents, such as falls into YMCA and competitive pools, reactions to chemicals, and more
- School pool incidents, which are often caused during practice runs
- Lifeguard negligence, due to the inability of the lifeguard to act in a dire situation, lack of proper training, lack of attention to the swimmers, unapproved breaks, an absent lifeguard post, and more
- Defective boats, which may have no protective railings, slippery surfaces, uneven floors and steps, and more that can cause you to fall from it into the ocean or into the lake
- Defective pool part, like a broken ladder, broken set of stairs, damaged diving board, broken slide, defective filter, and other items that can cause injuries and drowning
- Slip and fall accidents, which commonly happen when there are slippery tiles or slick floors next to pools, or when there is no railing or any safeguard against someone falling into the water
– Drowning is the 3rd leading cause of unintentional injury death worldwide, accounting for 7% of all injury-related deaths.
– There are an estimated 360 000 annual drowning deaths worldwide.
– Global estimates may significantly underestimate the actual public health problem related to drowning.
– Children, males and individuals with increased access to water are most at risk of drowning.
Personal Injury Lawsuits for Drowning and Pool Accidents
If a family member drowned because of any of the previously listed reasons, call our firm at (888) 649-7166
to sue for legal compensation.
What is the procedure to file a drowning claim?
To file a drowning lawsuit against a responsible party, you must establish that there was negligence involved. For example, if someone drowned at a private pool, you will have to show that the owner was guilty of premises liability. Premises liability has three potential points:
- The hazard at the pool was caused by the owner
- The owner of the pool knew about a hazard on his property but did not fix it or put any warning signs up
- The owner of the pool was not aware that there was a hazard, but he reasonably should have known it existed
Only one of these points must be shown to be true to file a premises liability claim. In some other cases, there could have been a defect with the pool or with equipment used to go out onto the water. If so, then you must be able to show one of these three points in a product liability lawsuit:
Swimming Pool Drowning Deaths and Kids
- There was a design flaw with the item
- There was a manufacturing error that caused the hard
- There were no warning signs or hazard signs on the item
It’s an unbelievable statistic: According to the CDC
, drowning is the number one cause of unintentional death for children between the ages of 1 and 4
. And according to the U.S. Consumer Product Safety Commission, 390 deaths a year on average are attributed to drowning in a swimming pool or at a spa
Either way, you should make sure that you get accurate legal representation to take the correct path for your claim. You should still follow these steps in the event that a loved one drowns in an accident:
- Get medical receipts and treatment notes, if any were provided or if any happened in the first place
- Get eyewitness and bystander information and testimonies to provide additional perspectives and support to your claim
- Take photos of the scene of the accident at the body of water or the pool, as well as any potential defects
- Get surveillance footage or security footage if it is available in the facility
- Make copies of any receipts or purchases if the drowning happened at a facility or on a trip
- File an incident report with the company if the accident happened on property owned by a business or during an outing
Find out more about how we can help you. Call (888) 649-7166 to speak with a representative now.
With all of this evidence at hand, you should go to an attorney who can help you with your drowning lawsuit. A drowning is a serious issue, and your loved one deserves justice in his or her name. We will take your evidence, evaluate it, organize it, write a demand letter based of it, and send the entire package to the insurance agency responsible for handling the claim. We will then work to negotiate a fairer deal from the agent and will not stop until we are satisfied with the results.
How much can I win from a drowning accident lawsuit?
A drowning accident can result in a wrongful death claim against the negligent party. This claim can net you different kinds of compensation that you otherwise would not be able to acquire. These specialized claims can result in you getting payment for the following:
- Burial and funeral fees to cover the casket, burial plot, cremation, services, wake, and more
- Pre-death medical bills if your family member went to the hospital and was treated or needed to be transported anywhere via ambulance or helicopter
- Pre-death pain and suffering costs for the emotional trauma, distress, fear, and other psychological issues that the individual suffered through prior to death
- Loss of consortium and relations in situations involving life partners and spouses
- Loss of expected savings, inheritance, income, benefits, and more
You may also be eligible for punitive damages for your case. Punitive damages are additional forms of monetary compensation that are handed out in times of gross negligence or when there was an intention to cause harm. These damages are often difficult to win, though, because they are often viewed as excessive or harsh. Only a skilled lawyer will be able to secure them for your case.
The value of your case will depend on the circumstances surrounding it. If the incident was fraught with comparative negligence, or both parties could be held dually responsible for the accident, then your compensation would likely be lowered by quite a lot. If the incident was completely the fault of another party, though, your case worth would probably be much more. Some drowning lawsuits have netted over $1,000,000 for surviving victims.
Learn more about your options for compensation by calling (888) 649-7166.
What is the statute of limitations to file a drowning accident claim?
In California, you have 2 years from the date of the drowning to file a lawsuit against the responsible party
. You will not be able to file a wrongful death claim if the statute of limitations runs out. This time limit is in place to ensure that both parties are given a fair chance to gather evidence.
The 2-year limit can be extended, though. In wrongful death cases, the most likely cause for an extension to the statute of limitations would be because a defendant has left the state. The statute would be suspended until he returns.
Many lawsuits are missed because the individual does not know about the statute of limitations or is unaware of how much time remains on his claim. You should speak with our lawyers to ensure that your case is filed on time and that you do not miss any important deadlines.
The Best Firm in Town
The Downtown LA Law Group
has a history of success with drowning lawsuits and claims. We have helped families of victims get the compensation they deserve for years, and our experienced attorneys know the best methods to win your claim. We are empathetic and caring for all of our clients, and we always place you on the top of our priority list. Our lawyers are willing to take your case to court if necessary to prove that you deserve a fair settlement from the responsible party.
To set up a free legal consultation
, call us at (888) 649-7166
today. We encourage you to ask us any questions you wish and we will tell you what we think your case is worth and how we will move forward. All consultations are totally confidential; none of your private information will be shared or distributed outside of our office. You can also reach us any time – we are available 24 hours a day, 7 days a week.
If you hire us to handle your case, we will hive you our zero fee guarantee. This states that you won’t pay any money out of your savings. We will get paid only if we win, and the money will come out of the settlement we bring you form the insurance company. If we lose, we do not get paid at all. Either way, your personal bank account will never be touché.
To file a drowning accident lawsuit
, be sure to reach out to the Downtown LA Law Group