How can lake drowning happen?Lakes are generally small bodies of water that are landlocked. They are often the sites of resorts, camps, cabins, fishing spots, and more. In some cases, companies set up docks for boating, jet skiing, canoeing, and more. It can be very dangerous to go swimming in a lake if there are no lifeguards present or if there are no other people around. Populated lakes may also be troublesome, as it can be hard to notice when someone is in distress. Some causes of drowning include:
- Negligent boaters: Those who control boats may steer too close to swimmers or smaller vessels, causing them to go underwater. Further, those on the boat may slip and fall off due to defective floors, intoxication, slippery handrails, and more.
- Negligent counselors: Camps that have large groups of people go to the lake can have counselors who do not pay attention to the swimmers, which can lead to tragic situations.
- Government negligence: The government agency responsible for the upkeep and maintenance of the lake and park should make sure that there are no hazards present. It should also provide ample warning signs, make sure the area is safe from falls, and keep the wildlife in check. Failure to do so can result in accidents and drownings.
- Negligent lifeguard: A lifeguard may not always be present at a lake, especially if it is more secluded. Lifeguards should always take care to observe those in the water and act at the first sign of trouble. Some lifeguards, though, may be poorly trained or not suited for the job, which could easily result in individuals drowning.
- Boat defects: It is possible for a boat to break in some way while out on a lake. The motor may give out or the sail may break, leading to accidents. If someone gets knocked off the boat, it is possible that they can drown.
What are the legal aspects of a lake drowning lawsuit?To sue because someone you love or a family member drowned in a lake, you will need to establish that the incident was the result of negligence. Negligence can be established by showing that the victim was owed a duty of care that was breached in some way, and that the breach of duty led to an incident and subsequent physical injuries (in this case, death). If one of these points is proven false, then the entire claim will fall apart. For example, if a child were at a summer camp at a lake, there should be adequate supervision. If a child is left to wander and winds up drowning in a lake because the counselors were too busy or too unconcerned, the camp and the counselors can both be held negligent. The camp should have hired better or more capable workers, and the counselors themselves should have exerted more care. Further, you could hold a government entity negligent if the lake is public. There should be warning signs of the depth of the lake and the parks and recreation department should clean up any potential hazards or dangers, such as sharp objects in the lake, lack of fences, and more.
How can I file a lake drowning claim?In order to file a claim against an entity because a loved one or family member drowned in a lake, you will need to gather sufficient evidence. This evidence can be taken from the scene of the incident and any related details or occurrences. You should look for the following:
- Any proof of medical treatment, like an ambulance ride or emergency helicopter, to provide medical receipts and the like
- Eyewitness statements and testimonies detailing the incident, the status of the lake, the responsibility of anyone nearby, and more
- Photos and videos of the scene of the incident, and, if possible, photos from that day showing any potential boats, defects, storms, and more
- Any potential contracts, receipts, or signatures if the drowning happened at an event, camp, outing, or similar function
- An incident report if you filed one with a company responsible for the outing at the lake
Once you have gathered all of this evidence, you can submit it to a lawyer. We will organize it, pore over it, and write the demand letter based on what we have been given. We will then submit it to the necessary agency and wait to negotiate a fair deal. You should not have to worry about anything after you submit your claim. We will work around the clock to bring you and your family the restitution you deserve. A wrongful death claim can be extremely devastating and harrowing to go through, and your focus should be on spending time with the ones you love the most, not on the draining legal process. If you have no legal experience or if you do not have the time, money, or knowledge to proceed, it is highly recommended that you reach out to a skilled attorney who can sue because a loved one drowned in a lake.
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What can I receive in a lake drowning accident lawsuit?In the event a loved one passes away in a drowning at a lake, you should look into taking appropriate legal action against the proper entity. Another party may have been responsible in some way, and the ensuing compensation from the lawsuit could cover numerous expenses. It is unfair for you to have to pay for certain expenses if someone else were responsible. Our lawyers will seek out the following expenses for you:
- Pre-death pain and suffering and medical bills
- Loss of consortium or relations, which is relevant to relationships and those who lose spouses or life partners
- Loss of expected inheritance, income, and savings
- Property damage if items you owned on a boat that sunk were lost or sunk
- Funeral and burial fees for the deceased to cover a burial plot, cremation, and more
- Punitive damages if a party was grossly negligent or if he intended to cause harm or a drowning accident, but these damages are often viewed as excessive and are difficult to acquire