Whenever you’re in a drowning accident in Santa Barbara, Maison Law can represent you in an injury claim. Of all the different places these accidents can happen, one of the most common is at the beach. Whether on public or private land, drowning at a beach can turn your life upside down. For legal guidance and support, contact us today for a free consultation.
Do You Need a Lawyer?
Technically, you don’t need a lawyer when involved in a drowning accident because it’s like any other injury claim. At the same time, the nature of a typical accident means serious injuries and questions about liability. Hopefully, your injuries aren’t serious, but if they are, our team can help you by investigating what happened, explaining your options, helping you gather evidence, and generally making things easier for you and your family.
You don’t go to the beach in Santa Barbara expecting to be in a drowning accident, yet this is something that can unfortunately happen. What sets these accidents apart–what raises them to the level of potential legal action–is when there’s negligence involved. This, obviously, can sometimes be difficult to suss out.
Liability in a Beach Drowning Accident
The first step in the legal process is figuring out who’s responsible for causing the accident and your injuries. In a drowning accident at a beach, it still hinges on negligence. This refers to the:
- Duty of care that the responsible party has to keep you and others safe.
In the context of a beach accident, it depends on whether the beach is public or private. If it’s on public land, the local government is likely liable for your injuries and damages. Conversely, if it’s a private beach, the responsibility is going to rest on the property owner. As with any type of accident, others could share some liability:
- Product manufacturers
- Lifeguards
- Individuals that either didn’t help or caused the accident
This is important, because Santa Barbara has numerous beaches throughout the city. Some of the most popular are:
- East Beach
- Arroyo Burro Beach
- Butterfly Beach
- Haskell’s Beach
- Leadbetter Beach
What can cause drowning on a beach?
Like any accident, there’s certain circumstances and underlying causes that can lead to a drowning or near-drowning. This is especially true on a beach, where there’s many different factors that can cause them:
- Overcrowding
- Not having enough supervision or safety equipment
- Alcohol or drug use
- Not installing or having proper barriers
- Lack of warning signs
Given these circumstances, it’s fairly clear how a drowning can happen. However, in a legal context, it’s important to figure out liability because it sets the course for how your claim will play out.
Damages in a Beach Drowning Injury Claim
A beach trip is supposed to be relaxing and enjoyable. This obviously changes when there’s a drowning or near-drowning accident. Regardless of the cause or who’s responsible, California law gives you the option of filing an injury claim to recover “damages” after you’re hurt. You do this either by filing:
- An insurance claim
- A personal injury lawsuit
The main goal of taking legal action is to get money to cover the costs of your injuries. In California, the law looks at things like medical bills and how the accident affected you emotionally when deciding how much financial support you can get.
So, in a successful claim, you can potential recover the following:
- Medical expenses and treatment costs
- Lost income or earning potential
- Repair/replacement costs for any property damaged
- Pain and suffering
- Emotional distress
- Loss of companionship or enjoyment of life
- Wrongful death expenses
- Punitive damages, in certain cases
It’s important to remember that in California, there’s a time limit for filing these claims. For drowning accidents, you have two years from when the accident happened to start your case.
How Can You Strengthen Your Drowning Accident Claim?
The aftermath of a beach accident or drowning is extremely challenging, not just physically but emotionally. In short, it’s an extremely traumatic incident to just witness, let alone be involved in. Still, there are important things you should do to make sure you can strengthen a claim if needed:
- Get medical help ASAP – Even if you don’t feel too hurt, it’s smart to see a doctor right away, especially after a drowning incident. This can help prevent any hidden problems from popping up later. It’s also a good idea to call an ambulance to get care at the scene.
- Report the accident – Tell the police or the beach committee about what happened, particularly if it involved a drowning. Also, let the people in charge of any boats or equipment involved know about the accident.
- Write down what happened – Take note of key details like when and where the accident occurred, what the weather was like, and what caused it, especially if it resulted in a drowning. If you can, snap some pictures or videos too.
- Exchange contact information – If others were involved, exchange phone numbers and insurance details with them, especially if they were present during the drowning.
- Talk to witnesses – Get the names and numbers of anyone who saw what happened, particularly if it involved a drowning. They might have important information for the investigation or any legal matters later on.
- Keep evidence – Hang onto any equipment or damaged items from the accident scene that could help figure out what went wrong or be useful for insurance claims, especially if it relates to a drowning.
- File an insurance claim – Tell your insurance company about the accident, especially if it involved a drowning. They can advise you on what steps to take next and help you with filing a claim.
Remember, your health comes first, but following these steps can also help protect your rights for making a claim, especially after a drowning incident. Aside from these steps, it’s important to have the right team for guidance and support, and we can give you that.
Contact Maison Law After a Santa Barbara Drowning Accident
When you’re on the beach in Santa Barbara, you shouldn’t have to worry about a drowning. But sometimes, this is exactly what happens. At Maison Law, we know how to hold those responsible accountable. We’ll guide you through the legal process and help you recover. Contact us today for a free consultation.
