Maison Law represents drowning victims in Visalia. One of the most common areas that these accidents happen are at one of the area’s lakes. These incidents are very traumatic, but you still have legal options. Our Visalia drowning accident lawyers will be there to guide you. Contact us today to set up a free, no-obligation consultation.
Should You Hire a Lawyer?
When there’s a drowning (or even a near-drowning), it’s very scary. Yet, at its core, these accidents are in effect personal injury cases. This means that you have legal options. That said, you don’t technically need a lawyer because there’s no legal requirement in place.
But if you’ve experienced one of these accidents, you know how difficult and damaging it is. As with most accidents that cause serious injuries, drownings can be very challenging. That’s where our team can step in and help.
In drowning accidents, we conduct thorough investigations to determine liability, assist in gathering evidence and organizing medical records, handle communication with insurers, and collaborate with authorities and witnesses to reconstruct events. Our overall goal is to make things easier for you, while putting together a strong claim on your behalf.
What Are Your Legal Options After a Drowning Accident?
Because it’s a personal injury case, a drowning accident at a Visalia lake gives you the same legal options as any other accident. When you or a loved one get hurt, or worse, are killed in such accidents, there’s a specific legal process in place to aid you and your family.
This gives you or your family the option of filing either an insurance claim outside of court or a personal injury lawsuit inside the court system. Both give you the ability to recover certain “damages” from the responsible parties, which include:
- Medical expenses, Covering hospital bills, medications, surgeries, and related medical devices.
- Pain and suffering, which is financial support for physical pain and mental anguish resulting from the accident.
- Lost income, which is support for both current and potential future earnings.
- Emotional distress, which is financial assistance for mental and emotional distress from the accident, such as anxiety, depression, or PTSD.
- Reduced quality of life, which addresses changes in enjoyment or life quality caused by the accident.
- Wrongful death expenses, which provides financial support for funeral/burial costs and loss of companionship in fatal cases.
A key part of the legal process isn’t just your damages, but who pays for them. In legal terms, this is known as “liability,” and it sets the course for how your case will play out.
Who’s Liable in a Lake Drowning Accident?
Liability is an important step in any injury claim, including drowning accidents. If it happens at a Visalia lake, it narrows things down considerably. However, it’s not always straightforward and depends heavily on the circumstances.
Generally, liability in a lake drowning comes down to negligence. In this context, it means:
- The responsible party didn’t take enough care to keep you and others safe.
When it comes to lake drowning accidents, it depends on whether the lake is on public property or the responsibility of a private landowner. Most lake access in Visalia is overseen by the city or state government. However, many home or landowners have lake-front property, meaning they’re responsible for any accidents that happen on that property.
- The companies that make products
- Lifeguards
- People who didn’t help or caused the accident
This is important because Visalia has ample access to lakes, like Lake Kaweah, Lake Success, and Hume Lake.
Regardless of where the drowning accident happens, what sets these incidents apart from a normal claim are the underlying causes.
Why Do Lake Drowning Accidents Happen?
There’s no denying that any drowning accident is scary, no matter where it happens. As we’ve covered, though, it’s negligence that separates a lake drowning from a tragic happening to one that rises to legal action. Specifically, though, it means a closer look at the underlying cause of the drowning itself. It’s not just about swimming ability or lack thereof. It’s about what those in charge did–or didn’t do:
- Busy areas – Like crowded beaches, packed lake spots raise accident risks. With many people around, lifeguards (if any) struggle to watch everyone, and swimmers find it hard to stay safe.
- Limited coverage or safety equipment – Lakes might lack enough lifeguards or essential safety gear like life jackets, slowing down emergency responses and increasing drowning risks.
- Alcohol and substances use – Lakeside fun often involves drinking and drugs, which impair judgment and coordination, heightening the chance of accidents, including drowning.
- Lack of barriers – Some lakes lack barriers, especially in risky areas with strong currents or underwater hazards. Without barriers, accidental entry into dangerous zones is more likely.
- Inadequate warning signs – Not having clear warning signs about dangers like underwater obstacles or steep drop-offs leaves visitors uninformed and at risk. Signs are vital for educating and preventing accidents.
What You Need to Do
After a drowning accident, the aftermath can be really tough and scary. Whether you’re directly involved or just a witness, it’s a feeling of helplessness. But there are some important things you should do to safeguard any potential claim:
- Call for help – If you feel like you’re starting to struggle, call for help right away. Even if you don’t feel seriously injured after getting out of the water, it’s crucial to see a doctor right away to prevent any underlying issues.
- Report the accident – Report the accident to the property owner or the lake management. Also, inform the operator of any boats or equipment involved. This should prompt a response from all those involved.
- Document what happened – Write down key details like the time, location, weather conditions, and cause of the accident. If possible, take photos or videos as well.
- Exchange contact information – If others are involved, exchange phone numbers and insurance details with them.
- Preserve evidence from the scene – Keep any equipment or damaged property from the accident site that might be necessary for determining what occurred or for insurance purposes.
While your health and well-being are paramount following an accident, it’s also crucial to follow these steps to protect your potential claim. Remember, our team can help and support you in this situation. The quicker you respond, the more time you’ll have to put together a strong case.
Dedicated Visalia Lake Drowning Accident Lawyers
Enjoying a day at the lake can quickly become a serious emergency if you or someone you care about experiences a drowning incident. Despite the possible injuries, it’s vital to know your legal rights. Maison Law’s dedicated Visalia lake accident lawyers understand the seriousness of such situations and are prepared to help you. Contact us for a free consultation to explore your options further and understand your situation better.
