Maison Law can help you or a loved one whenever there’s a drowning accident. Whether you’re enjoying a nice day at the beach or in the backyard at your pool, drowning or near-drowning can have a huge impact on your life. When you find yourself in this situation, our Modesto personal injury lawyers can help. Contact us today for a free consultation to discuss your options.
When Do You Need a Lawyer?
There’s no requirement in California that says you need to have a lawyer, even in a drowning accident. At the same time, most of these accidents result in serious injuries, requiring significant medical care and further attention. It’s here that having our experienced team on your side can help. Typically, we approach drowning accidents by:
- Launching an investigation into the accident to determine fault
- Helping you gather evidence and organizing your medical records to support your case.
- Handling communication with insurance companies on your behalf.
- Working with authorities and witnesses to piece together a recreation of what happened.
Like any accident or injury, we strive to make things easier for you. Our approach is important, but so too is what you do after the accident and how you respond.
What You Should Do After a Drowning Accident
No two drowning accidents are alike, yet the underlying causes and outcomes are usually the same: injuries and even death. It’s an unfortunate part of being around water, especially if you’re in a remote location of the area. No matter what caused the accident, it’s crucial to act fast to keep yourself safe and consider legal options. Here’s what to do:
- Call for help – If you’re in trouble, call for help right away. Whether it’s someone nearby or professionals, let them know so they can assist you.
- Get medical attention – Take care of your health by getting medical attention quickly. First, get help from emergency medical technicians (EMTs) at the scene, then go to the emergency room or urgent care if needed. This ensures all your injuries are treated properly.
- Report the accident – Tell the right person about what happened. Make sure they take action to help you. Reporting the accident is important because it makes them responsible for helping you. If they don’t help, it could affect your legal options later.
- Document the incident – Write down details about your injuries and how the accident occurred. Take notes about any problems and talk to witnesses if you can.
- Keep evidence – Don’t fix anything that got damaged. This shows what you lost because of the accident. Also, keep track of any money you spend because of the accident.
Other Things to Know
Drowning accidents are very dangerous and can cause serious harm right away and in the long term. They often lead to life-changing injuries, no matter where they happen. These injuries can affect any legal claims you make. Here are some common outcomes of drowning accidents:
- Fatalities
- Heart problems
- Hypothermia
- Brain injuries
- Lung problems
- Muscle, bone, or joint injuries
- Emotional issues
- Breathing problems even after being rescued
Understanding these injuries is important for legal reasons because how the accident happened affects your legal choices.
Legal Options After a Drowning Accident
Your legal options after a drowning accident in Modesto isn’t all that different from any other type of accident. The main difference is that the injuries you could be facing are serious, leading to problems recalling what happened or even in your ability to function. Regardless, you have rights as a victim, namely filing an injury claim against whoever was responsible.
Obviously, this depends on where the accident happens. But in general, property owners or managers have an overriding responsibility to both your safety and the safety of others. When they breach this duty and a drowning happens, they will be considered “negligent.”
Most of the time, this means they’ll be liable for your damages. Specifically, this could fall on one or multiple of the following:
- Property owner – If the drowning occurred on someone’s property, such as a private pool or a public facility like a pool or beach, the property owner or manager could be held liable if they failed to maintain a safe environment or provide adequate warnings and supervision.
- Lifeguards or supervisors – If the drowning occurred at a location where lifeguards or supervisors were supposed to be present, their negligence or failure to act could result in liability.
- Government agencies – If the drowning occurred in a public area such as a river, lake, or beach, the responsibility might fall on local government agencies responsible for maintaining safety measures and warning signs.
- Product liability – In some cases, if a defective product such as a faulty life jacket contributed to the drowning, the manufacturer or seller of the product could be held liable.
- Third parties – If the drowning resulted from the negligent actions of another individual, such as reckless behavior or failure to provide assistance, that person could be held liable.
Damages
Liability is usually only the starting point of the claims process. The other part of the equation is actually filing your injury claim. 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 usually begins with filing an insurance claim, which may then progress to a lawsuit. Basically, you’ll go through the insurance process and then decide whether to pursue legal action based on the settlement offer.
Regardless of your choice, you can seek financial support for specific damages from the responsible parties, including:
- Medical expenses
- Lost wages
- Property damage
- Support 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.
Dedicated Modesto Drowning Accident Lawyers
When you try to enjoy the outdoors in Modesto, especially around water, you shouldn’t have to worry about drowning. Unfortunately, this is one of the most common water-related accidents there are. At Maison Law, our team of Modesto personal injury lawyers understands the impact these accidents can have and are dedicated to making sure you and your family have what you need to recover. To learn more about your legal options, contact us today to set up your free, no-obligation consultation.
