Have you ever wondered whom you sue in a drowning lawsuit? Believe us when we tell you that drowning accidents are quite common, with about ten people drowning every day in the US. Children who are between one and four years old face the highest drowning death rates.
The thing about drowning accidents is that these are devastating events, and when they happen, it is crucial to know whom you can hold responsible.
Here are a few things that you should know about the complexities of drowning accident lawsuits.
Potential Claims Linked with Drowning Accident Lawsuits
Drowning accident lawsuits typically revolve around negligence and wrongful death claims. It can happen due to inattentive property owners, supervisors, or defective equipment. It is crucial to understand the legal aspects of drowning accidents and how Accident and Personal Injury Lawyers can help the victim and the victim’s family.
Plaintiffs and drowning accident lawsuits may be eligible for reimbursement of various damages, including medical bills, pain, suffering, and lost wages. In case of fatality, families can recover funeral expenses and loss of support.
Liability Waiver
It is essential to know that even if a victim of a drowning accident signed a liability waiver, it may not absolve parties of responsibility. In many cases, waivers signed by minors may not be enforceable, especially if negligence or abuse is involved.
Determining Liability
The fact of determining liability depends on circumstances. Property owners, operators, and the manufacturers of defective equipment could be defendants. On that note, you should know about the possible scenarios where different parties can be held responsible.
Wrongful Death Claims
In the case of wrongful death claims, the family members of the deceased can file a lawsuit if the death occurs due to drowning. Surviving spouses, children, domestic partners, and other affected individuals can seek compensation for the loss of their loved ones.
Negligence claims arise from situations such as the following:
- Lack of supervision
- Absence of lifeguards
- Absence of daycare providers, leaving children unattended
The thing about negligence claims is that proving negligence is essential for a successful case.
Premises Liability
Premises liability keeps property owners responsible for accidents on their property. This includes the failure to maintain safe conditions, provide warnings, or enforce safety measures around water. Defective pool equipment can also contribute to drownings.
If a product, such as safety gear or pool gates, is faulty – manufacturers may be held liable for the drowning under product liability.
What is the Potential Insurance Coverage for Drowning Accidents?
Homeowners or property insurance may cover drowning accidents. However, coverage depends, to a great extent, on policy terms and limits. Insurance companies can dispute claims, leading to legal battles. Drowning accidentally can create a lasting impact on victims and their families.
The victim’s family could be searching for drowning accident attorneys to help with filing a lawsuit and protecting their rights, as well as seeking compensation. On that note, if your loved one has become a victim of a drowning accident, it sadly means that you have lost a family member.
One of the most important questions that people might ask is how to choose the right attorney.
Tips to Choose the Right Drowning Accident Lawyer
The decision to hire a lawyer to help your family is probably the most important decision that you and your family will have to make. So, we recommend that you interview at least two personal injury or drowning accident attorneys before you decide who to represent you and your family.
When hiring a drowning accident attorney, be sure to ask a few questions, including the following:
- Are you board-certified in drowning accident trial law?
- What is your actual experience with trying cases against a jury?
- How many drowning cases have you handled before?
Also, ask them whether the lawyer will be willing to give you their personal cell phone number. The next thing to ask the lawyer is about their preferred means of communication, whether by phone or email. Also, ask them about the time that they usually take before responding to their clients.
Your Lawyer Will Negotiate On Your Behalf
Oftentimes, during the initial meeting with the lawyer, you should know about how to select the right drowning accident attorney for the case. The answer is that you are looking for someone with experience. When we say experience, we exclusively mean their experience in dealing with drowning cases. Ideally, you want to hire a drowning accident attorney who has knowledge about the ordinances and statutes that apply in your state.
You are also looking for someone who is experienced in trials or who is an experienced trial attorney. Choose a lawyer who is not afraid to take the insurance companies to trial. It is important to mention here that the insurance companies know the difference between the firms or lawyers that are willing to go to trial and those who simply work up cases to settle them.
So, if you have a loved one who has experienced a drowning death and you would like to have your case reviewed, do your research and contact the right lawyer to handle your case in court.
How Can A Drowning Accident Lawyer Help You?
First things first – it is incredibly important to hire an attorney right away in a drowning case. Often, what happens is that the family is very traumatized and mentally and emotionally unable to involve themselves in the investigation while they go through the different phases of the grief process.
However, the people who own the property or the pool or even provided the lifeguards are in the process of litigating. They are out there defending as they are gathering a lot of information, and therefore, it is important to get an attorney right away.
Also, there are various expert witnesses who need to be hired in a drowning case, and the sooner you hire a lawyer, the quicker the process will happen, as the lawyer will be the best one to know who they are. By hiring the right drowning accident lawyer right away, you can ensure that the right party can be held responsible for the pain that you and the victim faced due to the accident.