Lakes can be very secluded areas that are dangerous for people to go to. Others may be highly populated and hotspots for tourism and getaways. Either way, your family and loved ones should be careful when going in the water. There are many examples of individuals drowning due to one simple mistake, even from the mistake of another party. If a family member or loved one has passed away due to a drowning incident
, reach out to the Downtown LA Law Group
. We can provide you with an experienced lake drowning accident lawyer
for your case.
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.
Regardless of the cause of the drowning, you should take appropriate legal action to pursue a claim. A tragic passing of a family member or loved one should not be glossed over or ignored. You and your family deserve the fairest restitution.
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.
Call (855) 339-8879 or complete a Free Case Evaluation form today.
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
We can also recover other expenses related to the trip or lake excursion. If you were injured in the incident, you could receive personal compensation for the losses you suffered as well. These may include your pain and suffering, medical bills, and more. It is wise to speak with a lawyer o determine the cost of your case and what you should do moving forward.
What is the statute of limitations to file a lawsuit for a lake drowning?
In the State of California, you have 2 years from the date of the injury to file a personal injury lawsuit. If a drowning happened in a lake
to a family member or loved one, you should not wait too long to file a claim. The statute of limitations is in place so that claims will be filed on time and will not take an excessive duration. The evidence is more likely to be intact and all of the witnesses will have better and clearer memories.
In some situations, though, the statute of limitations can be extended this is most common when the defendant has left the state for a period of time. The time limit will be put on hold until he returns. Most of the time, though, the individuals who wish to sue do not know how much time is left on their claims. In order to accurately determine the remaining days or weeks on your time frame to sue, you should reach out to a lake drowning accident attorney today. We will submit your documents to the agency on time and ensure that nothing misses any potential deadlines with your case.
Our Firm and You
The DTLA Law Group
is comprised of a group of empathetic attorneys who know what it’s like to go through tragic situations. Our lawyers are carried by their commitment to bringing people the necessary restitution and closure they need. We believe that all individuals should get legal help when they require it, and our standards always place clients first. We will aggressively hunt your rightful compensation and won’t give up until we are satisfied with the result.
To set up a free legal consultation, call our firm today at (855) 339-8879
. We can give you more information and tell you what we feel your claim is worth. We can also help you understand our zero fee guarantee, which states that you won’t pay a dime throughout the case. We will get paid only if we win, and if we lose, we get no money whatsoever.
Call the Downtown LA Law Group
at (855) 339-8879
to be represented by a qualified lake drowning accident attorney
in Los Angeles.