Maison Law’s Tulare premises liability lawyers can help you if you’ve been injured on someone else’s property. We understand that drowning accidents can cause a lot of pain and suffering, especially for those who are directly affected. If you’ve been hurt in an accident or lost someone you care about, our team of lawyers is here to help you with the legal process. Contact us today for a free meeting to talk about what you can do next.
Should You Hire a Lawyer?
Being in a drowning or near-drowning accident is indeed very scary. But whether or not you need a lawyer depends on your circumstances. If the drowning accident you were in was minor, you might not need a lawyer. In California, it’s not required to have a lawyer to file an injury claim, but having our experienced team on your side can be beneficial in drowning or near-drowning cases.
We’ll investigate the accident to determine fault, help organize your medical records, gather evidence, and communicate with insurance companies on your behalf. Additionally, we’ll coordinate with authorities or witnesses for more information about the incident.
Our goal is to make this process easier for you and your family. There’s no upfront cost to working with us. Instead, our fee comes from the result we get for you.
Who’s Responsible For a Drowning Accident?
Once you decide to move forward with legal action, it becomes very important to figure out who is responsible for the accident itself–and by law, covering your injuries and other damages. Most of the time, this has a lot to do with where the accident happened.
Unfortunately, drowning or near-drowning can happen anywhere there’s water. But most of the time, it happens at Tulare areas like:
- Pools
- Ponds
- Lakes
- Rivers or streams
- Private homes in bathtubs or sinks
- Water parks
When it comes to the legal aspects, a drowning accident falls under premises liability, just like any other accident on someone else’s property. Determining liability, though, can sometimes be complex. Still, what ultimately establishes liability is negligence, which means showing:
- The person or entity responsible for your safety breached their duty, leading to the accident and your injuries.
With that in mind, liability usually falls on the following:
- Property owners or management
- Local or state governments
- Private individuals
- Product or vehicle manufacturers
- Third party contractors, like security or maintenance workers
Like any injury, it’s very important to figure out every liable party because that’s who you’ll file your claim against. Before you can get to that point, though, it’s important to know how to effectively respond to a drowning accident.
What Can You Do After a Drowning Accident?
Drowning or near-drowning accidents can make you feel very helpless, whether you’re directly involved or even watch it happen. Regardless of the cause, it’s important to take steps to both protect your health and potential legal options. Here’s what you should do:
- Call for help – If you feel like you’re in danger, call for help. Hopefully, someone can save you or there’s trained professionals on the scene. Let them respond and do what they need to do.
- Get medical care – This is important. Get medical care both at the scene from EMTs and then further care at an emergency room or urgent care. This will take care of any immediate injuries, as well as some that may not be apparent.
- Report the incident – Report the accident to whoever is in charge, and make sure they take steps to help you. This not only alerts them to the problem, but puts the responsibility on them to take action. If they don’t, this may be the most important step for your legal options.
- Document what happened – Gather evidence at the scene of your injuries and what led up to the accident. Take note of any problems, and get details from any witnesses.
- Preserve evidence – Don’t fix or repair any damaged property. This will show evidence of your losses. Also, keep track of your expenses.
When a drowning accident occurs, prioritize your health and safety first. Everything else should take care of itself, but it’s vital to remember that you have legal protections and option for holding those responsible accountable for what happened.
Injury Claims Process After a Drowning Accident
Even if you survive a drowning incident, the resulting injuries and damages can significantly affect both you and your loved ones, both financially and emotionally. Fortunately, California law provides options for getting financial support for your losses, whether through an insurance claim or a personal injury lawsuit:
- Medical expenses – This covers the costs of medical treatment, including hospital stays, surgeries, medications, and therapy.
- Lost wages and earning potential – These damages account for any income lost due to the accident, including recovery time and potential long-term disability affecting your ability to work.
- Property damage – This addresses the costs associated with repairing or replacing damaged property, such as a boat or jet ski.
- Pain and suffering – These damages are provided for the physical and mental pain experienced as a result of the accident.
- Emotional distress – This covers any psychological suffering stemming from the trauma of the accident.
- Loss of enjoyment of life – Damages are awarded for any diminished ability to participate in life activities due to the accident’s impact.
- Wrongful death expenses – In the event of a fatality, these damages cover funeral expenses, loss of financial support, and emotional anguish.
- Punitive damages – Additional damages may be awarded by the court in cases involving extreme recklessness or intentional misconduct by the responsible parties.
Remember, you have to file your claim within California’s statute of limitations for an injury, which is currently two years from the date of the accident. Also, California has a “comparative negligence” statute that says any percentage of fault you contributed to the accident will potentially reduce your damages by that same percentage.
What Can Result From a Drowning Accident?
Not surprisingly, a drowning or near-drowning can be incredibly dangerous, both in terms of the injuries it can cause in the short term and the damage it can cause in the long term. Most of the time, it means life-changing injuries. Worse, this is true across different drowning accidents, no matter where they happen. But this will also go a long way in determining your damages in a claim. So, here’s the usual results of a drowning accident:
- Fatalities – By far the worst result of a drowning accident is a fatality. When you or someone you’re with are unable to stay above water, it results in fatal outcomes.
- Cardiac events – Drowning or near-drowning can stress your heart, causing heart attacks, irregular heartbeats, or muscle damage.
- Hypothermia – Being in cold water can make you confused, tired, and, in bad cases, cause heart problems because your body gets too cold.
- Brain injuries – Not getting enough oxygen when you drown can make it hard to remember things, think clearly, and move your body properly.
- Lung damage – Breathing in water can cause problems like having too much liquid in your lungs or getting sick with lung infections.
- Ligament damage – Trying hard to stay above water can hurt your muscles, bones, or joints.
- Psychological problems – People who survive drowning might experience survivor’s guilt or have problems with anxiety, depression, or PTSD.
- Delayed drowning – Even after being saved from drowning, having water in your lungs can cause breathing problems later on.
Understanding these injuries is crucial for legal options, which depend on the circumstances of your accident. More to the point, it’s vital to do everything you can to strengthen your claim and get the maximum amount of value for these injuries. That’s where our experienced team can also help your cause.
Frequently Asked Questions
Can you file an injury claim against the city after a drowning accident?
Yes, if the accident happens at a city-run pool or park. They’re responsible for keeping you and others safe on the property, and this includes areas with water.
How long do you have to file a claim after a drowning accident?
You have two years from the date of the accident to file. Missing this deadline means you can’t recover damages.
Can you still file an injury claim if you survive a drowning?
Yes. Even if you survive, you’re likely to have injuries. California law allows you to pursue an injury claim in this situation.
Tulare Premises Liability Lawyers Can Help After a Drowning Accident
Maison Law and our team of Tulare premises liability lawyers understand how challenging a drowning accident can be. Even if you or your loved one survives, it’s likely that you’ll be dealing with life-changing issues. We’ll be there to support your claim and get you back on track. Contact us today for a free consultation.
