Many individuals enjoy going to the river to swim and participate in activities. There are more rivers in less urban areas, and as a result, there are usually fewer people, too. This means that there should be even more scrutiny and attention paid to anyone in the water, but sadly, this is not always the case. If a loved one or family member is in a river and ends up drowning in an accident
, you could sue the responsible party for restitution. The Downtown LA Law Group
can provide you with a professional drowning accident lawyer who can handle your case for you.
How do drowning incidents in river happen?
There are many ways that an individual can drown in a river
. It is possible that a drowning can happen due to a company that has provided services on the river. For example, a company may provide canoes, kayaks, boats, rafts, and more to be taken on a river ride
. White water rafting is an especially common hobby, but it is not for those who are not seasoned swimmers. The workers who are meant to stay nearby or on the vessels must be responsible, and if they are negligent, any passenger can fall in and sustain injuries and drown.
The company must ensure that it hires individuals with ample experience who know how to swim and who know how to properly distribute the equipment. The company should also provide adequate safety gear, like life vests and floaties. There is the possibility that this gear will be defective, though, and someone can easily drown if he falls in.
Additionally, the boats and other vessels should be well-designed and not have any defects
. If an accident in the river occurs and the vessel breaks or sinks, the manufacturing company may be able to be held responsible. A kayak that suddenly cracks or takes on excess water can be very dangerous, for instance, as can a canoe that is not properly crafted. Some of these vessels hold numerous people, and multiple drownings can occur.
There is also the possibility that the area around the river is unsafe, or the river itself is dangerous. It is widely recommended to not swim in rivers that can easily sweep you away with the current, but some are less powerful and conducive to swimming
. However, there may be troubles with the rivers, such as excess garbage dumping, large depths, wild animals, and hard areas ridden with rocks and stones that can cause concussions when someone dives in. It is important that the government agency, like the Parks and Recreation Department, discloses these hazards and posts warning signs for individuals to adhere to. Further, there may be bridges spanning rivers, walkways nearby, and more that should have ample protections, like sturdy rails and fences.
If a loved one drowned because of the negligent action of someone at a river, you could take legal action. Our law firm will gladly help you.
How do I file a claim for a river drowning?
Filing a claim for a river drowning can be tricky
. You will need to establish that a party was negligent in some way. Doing so is hard without legal representation. There are four points that must be true in order to file a personal injury claim based on negligence:
- There was a duty of care owed to the victim
- The duty of care was breached in some manner
- The breach of duty led to an incident
- The incident resulted in physical harm
If even one of these points is false, the entire claim will fall apart. For river drowning claims, you must be able to prove that your loved one drowned due to the error of someone else. For example, if a rafting company did not provide your loved one with proper equipment or gear
, or if a kayak was shown to have a defect
, you could sue either company. There is also the chance that you could hold a government entity responsible. The government must uphold the safety of areas near rivers and the bodies of water themselves. If a bridge collapses or if there are hazards in the river that make it extremely dangerous to swim in and there are no posted signs or warnings, you could hold the government accountable.
– Private pool accidentsHere is what you should do to file a lawsuit for a river drowning:
– Jet ski accidents lawyer
– Hotel Liability Swimming Pool Accidental Drowning
– Swimming Pool Drowning Lawyer
– How do drowning accidents occur?
– Virginia Graeme Baker Pool & Spa Safety Act
– Lifeguard Negligence
– Boating accidents
– Hotel Liability for Accidents and Injuries
– River drowning lawyers
– Hotel drowning accidents
– Who can be held responsible for a beach accident?
– Amusement Park Sexual Assault Attorney
– Amusement Park Accident lawsuit
- Collect any medical receipts or notes from an EMT if emergency action was taken for your loved one
- Take photos of the scene of the incident at the river, including any potentially broken railings and fences, steep unprotected slopes, a lack of protective features, and more
- Take photos of any broken water vessels, like a defective kayak or canoe
- Interview eyewitnesses or bystanders who saw incident happen or who witnessed the drowning
- File an incident report with the company if a business was overseeing the safety of your loved one
Learn more about your options for compensation by calling (855) 339-8879.
Once you have gathered as much evidence as possible, you should contact one of our river drowning accident lawyers in Los Angeles
. We will look over your case, organize your evidence, hire expert witnesses, and submit a claim to the insurance agency for consideration.
In the aftermath of a river drowning incident, your life and the lives of your family members will undergo a drastic change. It is important to us that you spend a lot of time with them and handle the grief and situation. We will be there for you if we need, and we will handle the entirety of the case for you. You won’t have to worry about not having enough time, experience, knowledge, or anything else – we have you covered.
— Hotel Drowning Accidents
What can I win from a river drowning lawsuit?
It is important to understand what you could potentially earn if you choose to sue because a loved one or family member drowned in a river. As a survivor, your wrongful death claim could cover the expenses that resulted from the incident. We will see to it that you and your family receive the following forms of compensation:
Wrongful death claims
- Burial and funeral fees to cover the cost of the casket, burial plot, wake, cremation, interment, and more
- Pre-death medical expenses if any were required, such as air ambulance transportation, EMT payment, hospitalization, and more
- Pre-death pain and suffering to cover the trauma and terror that was experienced prior to the passing
- Loss of expected savings, income, and inheritance due to no more benefits, job, and other reasons
- Loss of relations or consortium if the loved one was a spouse or partner
occasionally can result in punitive damages. Punitive damages are additional types of compensation that are handed out in times of gross negligence or when a party intentionally harmed the victim. These damages are hard to win, though, because they are viewed as harsh or excessive, and they are seldom handed out. Only a skilled lawyer with experience in river drowning claims will be able to secure them for your lawsuit.
Find out more about how we can help you. Call (855) 339-8879 to speak with a representative now.
What is the deadline to file a lawsuit for a river drowning?
California has a 2-year limit on personal injury claims, which extends to wrongful death lawsuits. The statute of limitations must be adhered to or you risk receiving no compensation at all for your damages. The statute is in effect to ensure that the cases are filed within a reasonable time frame. If you were to wait for years after the incident, you could be taking advantage of a situation and receive no compensation or there would be little to no evidence left for either side.
There is the chance that your statute of limitations can be extended beyond the 2-year limit. This is most often the case when the defendant leaves the state; he may think that he can outlast the statute or that he cannot be sued. The deadline will simply extended and the time limit will not count down while he is out of the state. Once he returns, it will continue, and he will be able to get sued.
A large number of claims wind up with no resolution because the statute of limitations runs out. You should not let this happen to your case. It is wiser for you to reach out to an attorney to learn the total amount of time left for you to take legal action and who can help you submit your claim without missing a deadline.
The Best Law Firm in Town
The Downtown LA Law Group
has years of experience handling personal injury claims and wrongful death lawsuits. We have helped many families of recently passed victims win the compensation they need. We are no stranger to river drowning incidents and we will be sure to help you every step of the way. Our lawyers now the best strategies for success and we will employ them throughout your case.
Call our firm today at (855) 339-8879
for a free legal consultation. We will discuss your case and help you understand its value and what the legal process looks like. If you want to hire us for your claim, we will grant you our zero fee guarantee. You will not be forced to pay us any compensation throughout the process, and we will get paid by the insurance agency if we win. We do not get paid anything if we lose. You will never touch your savings.
For the most experienced attorneys in river drowning lawsuits
, contact the Downtown LA Law Group
in Los Angeles.