Maison Law represents injury victims from drowning accidents at Mono Lake in California. Being involved in one of these serious accidents is something no one wants to face. At the same time, there’s any number of things that can lead to them. So, take advantage of our experience by contacting us for a free consultation to discuss your options.
How Can Our Lawyers Help You After These Accidents?
There’s no legal requirement that says you need to have a lawyer represent you in any injury claim, including ones that come from drowning accidents. And while these accidents aren’t unique in terms of the legal process, they are quite unique in the overwhelming circumstances that can happen to you.
On top of any injuries, there’s a number of ways that you’ll need help in these claims. With our experience, we have a proven track record of helping clients like you. Here’s how:
- Investigating the accident – We’ll look into the accident to understand exactly what happened and why it happened.
- Gathering evidence – We’ll help you gather important evidence and paperwork that can help your case.
- Determining liability – We’ll figure out who is at fault for the accident.
- Evaluating your damages – We’ll accurately calculate how much your claim is worth and what you’ve lost as a result of the accident.
- Dealing with insurance – We’ll help you deal with any problems you may have with your insurance company.
- Legal guidance – We’ll make sure you understand the legal steps involved and what to expect in the future.
- Easing your burden – We’ll do our best to lessen the stress on you and your loved ones during this difficult time.
In much the same way that every drowning accident is unique, we take a client-specific approach to your case. That means we only take the steps that will maximize your case’s value. Moreover, we value open communication and will keep you informed throughout the entire process.
How is Liability Determined in a Drowning Accident?
Determining who’s responsible for a drowning accident can be tricky. Ultimately, it usually comes down to whoever was careless. Legally, Mono Lake–as part of the California State Parks Department–itself has a duty to keep its visitors safe from potential dangers and accidents. While going out on the lake involves some risk, there are several ways Mono Lake and its staff could be held responsible for your drowning:
- Not warning you about potential hazards or unsafe conditions
- Neglecting maintenance on docks or other parts of the lake
- Failing to adequately supervise you or others that are out on the lake
- Not keeping safety equipment in good shape or working order
Besides Mono Lake and the California government, there are other parties who might be responsible too:
- Property owners – If someone drowns on private property by the lake, the owner might be at fault if they didn’t control access properly or allowed unsafe conditions.
- Watercraft operators – If a drowning involves a boat, the person driving it could be to blame if they were careless or didn’t follow safety rules.
- Contractors – Contractors who didn’t maintain safety equipment, for example, could also share responsibility.
It’s crucial to identify all responsible parties in a drowning accident because together, they’re responsible for covering your losses. But equally as crucial is what you do in the immediate aftermath of the accident.
What Should You Do After a Drowning Accident?
The aftermath of a drowning accident is likely going to be traumatic and scary. Whether you’re directly involved or have to witness it, it can be a very helpless feeling. At the same time, there’s certain things you’ll need to do to protect a potential claim:
- Get help from a doctor right away – If you’re able to get out of the lake, it’s important to get medical help right away, even if you don’t seem badly hurt. This helps avoid unforeseen issues.
- Tell the right people – Let the police or the Mono Lake Committee know about the accident. Also, tell the person who owns or runs any boats or equipment involved.
- Write down what happened – Note down important details about the accident, like when and where it happened, what the weather was like, and what caused it. If you can, take pictures or videos too.
- Share your contact information – If others are involved, swap phone numbers and insurance details with them.
- Talk to witnesses – Get the names and numbers of anyone who saw the accident. They might have helpful information for the investigation or any legal needs later on.
- Keep things from the accident – Hang onto any equipment or damaged property from the accident spot that might be needed for checking what happened or for insurance claims.
- Tell your insurance company – Inform your insurance provider about what happened. They can help you understand what to do next and guide you through making a claim. If someone else caused the accident and you have their details, think about making a claim against them too.
As with any accident, your health and well-being should be the top priority. But it’s also important to follow these steps to protect your potential claim. Under California’s injury laws, you have the right to file a claim against the responsible party, but how you claim plays out depends on the actions you take–or don’t take.
What is the Legal Process After a Drowning Accident?
In terms of your options, a drowning accident means that you will be filing an injury claim. Usually, this is done either by filing an insurance claim or a personal injury lawsuit. The process often commences with an insurance claim and may progress to litigation, depending on the particulars of your incident.
When deciding to take legal action, your ultimate goal is to seek financial support for the injuries you experienced. Injuries typically result in medical expenses and emotional strain, and California law takes these factors into account when deciding what your “damages” are.
While it’s up to you to show the extent of your damages, you can potentially recover the following in a successful claim:
- Medical expenses, including the money you spend on treatments, surgeries, and other costs.
- Income you didn’t earn because you couldn’t work because of your injury.
- Damage to your property
- Costs relating to the physical pain and mental and emotional anguish from the accident
- Costs related to a reduced quality of life or your personal relationships
- Funeral or burial expenses if the accident is fatal
It’s important to know that in California, there’s a specific time limit called the “statute of limitations” for filing injury claims, even for drowning accidents. Right now, in California, you have two years from the date of the accident to submit your claim.
Get Help from Experienced California Drowning Accident Lawyers
A fun and exciting time at Mono Lake can quickly turn into a very serious, grave situation when you or someone you care about begins drowning. While this can lead to a wide variety of different injuries, it’s always important to remember that you have legal rights. At Maison Law, we know how challenging this situation is and we can help you hold Mono Lake and anyone else involved accountable. To learn more about your options, contact us for a free consultation to discuss your case.
