Maison Law’s Madera personal injury lawyers can represent you or someone you care about if they have been hurt in a drowning or near-drowning accident. Whether this occurred at a pool, pond, lake, or some other body of water, we can explain your rights and what you need to do to make a recovery. Contact us today to set up your free, no-obligation consultation.
Should You Hire Our Lawyers?
When you consider that a drowning or near-drowning accident can happen anywhere there’s water, it makes a potential incident all the more real. More to the point, these incidents are frequently serious in terms of injuries and the trauma they can cause you and your family.
Even still, if your injuries are minor, you might not need legal help. But if you’re seriously hurt, in your drowning accident, our experienced team can help you by:
- Investigating the accident to find out who’s at fault.
- Helping you gather your medical records and other important evidence.
- Handling communication with any insurance companies.
- Talking to witnesses or authorities to understand what happened better.
Who is Responsible?
The starting point of any claim is figuring out who is responsible for the accident itself. Now, it’s here that the circumstances are extremely important.
In legal terms, a drowning incident is considered a type of personal injury claim, specifically falling under “premises liability.” This means that property owners or managers are legally required to:
- Ensure the safety of visitors and others on their property.
The law says that they must take “reasonable” steps to do this, like:
- Posting warning signs.
- Regularly inspecting the property for drowning hazards.
- Maintaining bodies of water.
- Having trained personnel available in case of emergencies.
When property owners breach this duty and a drowning occurs, they bear most of the legal responsibility for resulting injuries and damages. But depending on the circumstances and where the accident happens, local or state governments, vehicle or product manufacturers, and third party contractors could all share liability.
Where Do Drowning Accidents Happen?
Again, drowning can happen anywhere there’s a water source. The big difference between a tragic accident and one where you have legal options is whether someone was negligent in some way, causing the accident. But again, these can really only happen where there’s water. So, in Madera, drowning accidents can happen at:
- Swimming pools – Whether they’re in backyards or public places, pools can be risky for drowning if safety rules aren’t followed or if there’s no one watching over swimmers.
- Lakes and ponds – Places like Bass Lake or Hensley Lake where people go for fun can also be dangerous if swimmers aren’t careful, especially if they don’t know how to swim well or ignore safety rules.
- Rivers and streams – Big rivers like the San Joaquin River or Fresno River can be risky for drowning, especially when the water is moving fast or there are strong currents.
- Water parks – Fun places like Wild Water Adventure Park can be risky if safety rules aren’t followed or if something goes wrong with the equipment.
- Bathtubs and spas – Even at home, accidents can happen in bathtubs, hot tubs, or spas, especially if kids are left alone.
- Irrigation canals – In farming areas like Madera, the canals used for watering crops can be dangerous because the water moves quickly and there might be things under the water that can hurt swimmers.
- Flooded areas – When there’s a lot of rain or flooding, places with water standing around like flooded streets or low spots can be dangerous for drowning.
What you need to do
Like any accident, there’s a few things you’ll need to do in these situations to protect yourself or others you’re with. This takes on greater significance in a drowning or near-drowning, though, because they’re often dire:
- If you’re in danger, call for help from trained professionals or bystanders.
- Make sure you receive medical attention from EMTs and follow up with further care at an emergency room or urgent care, especially for serious injuries.
- Notify the appropriate authorities or individuals in charge about the accident to hold them accountable and prompt necessary actions.
- Collect evidence at the scene, including details of your injuries and the events leading up to the accident. Obtain witness statements if possible.
- Preserve any damaged property as it serves as evidence of your losses. Keep records of related expenses.
Remember, prioritize your health and safety first. Everything else will progress from there, including your legal options.
Injuries and Damages in Drowning Accidents
There’s two very closely related things about your particular drowning accident: the injuries you experience and the damages you can recover in your injury claim. Generally speaking, the extent of your injuries is going to go a long way in determining the “damages” you can recover in a claim. So, first off, it’s helpful to look at the potential injuries that happen in drowning accidents:
- Secondary drowning
- Breathing problems
- Brain damage
- Oxygen deprivation
- Ligament tears
- Organ damage
- Lung injuries
- Heart issues
- Hypothermia
- Emotional trauma
- Death
The more severe these injuries are, the more substantial your losses will be. This could mean extensive medical bills and treatment or even permanent disability and job loss. The law tries to take this into account when figuring up your damages, but it’s here that our team can be a huge help. We can gather documentation, get testimony from experts, and fully flesh out what the accident has cost you.
Damages
Legally speaking, you have to file an injury claim against whoever is responsible for the accident. The process starts with filing an insurance claim, which might lead to a lawsuit. You’ll progress through the insurance process and then decide whether to file a lawsuit depending on the settlement offer.
Regardless of your decision, you can seek damages in your claim 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
It’s crucial to remember that you have two years from the date of the accident to file your claim. Missing this deadline means forfeiting your right to recover these damages–no matter how strong your case is.
Legal Support After a Madera Drowning Accident
Being around water in Madera usually means fun and excitement, but it can turn quickly into something more when there’s a drowning or near-drowning accident. At Maison Law, we understand how devastating these accidents can be and will work hard to make sure you and your family have the support you need to recover. For more information, contact us today to set up a free, no-obligation consultation.
