Maison Law represents drowning accident victims in Los Angeles. With access to the Pacific Ocean, beaches, and other sources of water, these accidents aren’t as far away as you might think. Unfortunately, these are some of the most challenging and devastating accidents you could find yourself in. Our Los Angeles personal injury lawyers will be there to help. Contact us today to set up a free consultation to talk about your options.
Do You Need a Lawyer?
While most drowning accidents are quite serious, there’s still no actual legal requirement that says you need a lawyer. Hopefully, your injuries are only minor in nature, meaning you probably don’t have to worry about the legal process.
That said, if your injuries are more in line with a typical drowning accident, having our experienced team on your side can definitely help. We’ll explain your legal options, investigate what happened, help you gather evidence, and generally just make things easier on you. Better yet, we work on a contingency-fee basis, which means there’s no upfront cost to work with us.
Damages in a Drowning Accident Claim
There’s two very important facets of any drowning accident claim: liability and damages. These two things aren’t directly related, but they are certainly involved. Basically, as an injury victim in Los Angeles, you have the legal right to file an injury claim for damages. Damages is the legal term for your losses from the accident, and liability is the legal concept that puts responsibility on paying for these damages.
The process begins with filing an insurance claim, which may lead to a lawsuit. You’ll navigate through the insurance process and then decide whether to pursue legal action based on the settlement offer.
Regardless of your choice, you can seek compensation for specific damages from the responsible parties, including:
- Medical expenses
- Lost wages
- Property damage
- Compensation for pain, suffering, and emotional distress
- Loss of enjoyment of life or companionship
- Wrongful death expenses
- Punitive damages in cases of gross or intentional negligence
Remember, you have two years from the accident date to file your claim. Missing this deadline means you can’t recover these damages.
Who Pays For These Damages?
Figuring out who pays for your damages depends heavily on the circumstances of your accident. Drowning or near-drowning incidents can occur in various places, such as:
- Pools
- Beaches
- Ponds
- Lakes
- Rivers or streams
- Private homes (in bathtubs or sinks)
- Water parks
Legally, a drowning accident falls under premises liability, similar to other accidents on someone else’s property. Establishing liability can be complex, but it primarily hinges on negligence. This means showing that:
- The individual or entity responsible for your safety failed in their duty, leading to the accident and your injuries.
Typically, liability falls on:
- Property owners or managers
- Local or state government agencies
- Private individuals
- Product or vehicle manufacturers
- Third-party contractors, like security or maintenance personnel
Identifying all liable parties is crucial for filing your claim against them. However, before reaching this stage, it’s essential to know how to respond effectively to a drowning accident.
What You Need to Do For a Strong Claim
There’s no denying that even a near-drowning accident is very scary. While it can make you feel helpless, there’s certain things you need to do for a strong claim, and it’s not all that different from any other accident:
- Get help – If you’re in danger, call for assistance. Let trained professionals or bystanders respond and provide aid.
- Get medical care – Make sure to get medical attention from EMTs at the scene and follow up with further care at an emergency room or urgent care to take care of any serious injuries, including those that may not be immediately apparent.
- Report the drowning – Concurrently, tell the appropriate authorities or individuals in charge about the accident. Make sure they take necessary actions to help you. Reporting the incident holds them accountable.
- Document what happened – Gather evidence at the scene, including details of your injuries and the events leading up to the accident. Take note of any issues and obtain statements from witnesses.
- Preserve evidence – Avoid repairing or altering any damaged property as it serves as evidence of your losses. Keep records of your expenses related to the incident.
Remember, always prioritize your health and safety first. Only then can you begin thinking about your legal options. But also, it’s important to understand how and when these things happen so you can be even better prepared.
How Do Drowning Accidents Happen?
Regardless of where they specifically happen, a drowning accident isn’t just about being in rough waters or not being able to swim well enough. What separates things is when the drowning accident was caused by someone or something. So, in that context, it makes these accidents a bit more clear. Here’s a few ways they usually happen:
- Not warning you about dangers – Sometimes, water can be risky because of things like strong currents or hidden dangers under the water. If the people in charge don’t put up enough warning signs, they might be responsible if someone gets hurt.
- Unsafe conditions – If conditions are safe for swimmers or boaters because things like buoys are in the wrong place or there aren’t enough lifeguards, the people who are supposed to keep it safe could be to blame if accidents happen.
- Poor supervision – It can sometimes be challenging to keep watch over everyone near water, but that’s nonetheless something that owners or managers need to do. Still, drownings can happen because of poor supervision.
- Not keeping things in good shape – Certain people or places are required to make sure safety gear, boats, and other equipment are working right. If something breaks and leads to a drowning, the people in charge could be responsible.
Injuries
Again, most drownings or even near-drownings lead to serious injuries. While every accident is different, some of the most common injuries that come out of these accidents include:
- Brain damage
- Breathing problems
- Lung injuries
- Heart issues
- Hypothermia
- Emotional trauma
- Secondary drowning
- Death
As you can tell, a drowning accident is likely to result in rather serious injuries that can leave you and your family facing a long road to recovery. Our Los Angeles drowning accident lawyers will be there to support you through this process.
Contact Maison Law After a Los Angeles Drowning Accident
Los Angeles has beautiful weather and access to some of the most popular water sources in the world. But any time you come in contact with water, a drowning can happen. When it does, Maison Law can help you hold those responsible accountable. If you or a loved one have been hurt in a Los Angeles drowning accident, contact us today for a free consultation.
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