Drowning accidents can be incredibly devastating, and you might be surprised to know that these accidents are also quite common in the USA. The highest death rate in drowning accidents is linked to children who are between one and four years old. It is easy to understand why drowning accidents are devastating events, and when they happen, it is important for the victims or the loved ones of the victims to know who they can hold responsible.
Read on to learn more about the complexities of drowning accident lawsuits.
Drowning Accidents Can Lead to Negligence and Wrongful Death Claims
Typically, drowning accident lawsuits revolve around negligence and wrongful death claims. Drowning accidents can occur due to inattentive property owners, supervisors, or defective equipment. This aspect indicates why one must understand the legal aspects of drowning accidents so that they know what to do in case, it happens to them or someone they know.
What is the Plaintiff Eligible for in Compensation
The plaintiffs of drowning accident lawsuits can be eligible for compensation for different damages, such as medical bills, pain, suffering, and lost wages. When it comes to drowning accidents that cause wrongful deaths, the families of the deceased can recover money for funeral expenses as well as compensation for their loss of support.
In Case of a Liability Waiver
Depending on the situation, you must know that despite the fact that a victim of a drowning accident might have signed a liability waiver, it does not absolve the involved parties of their responsibility. Similarly, if minors have signed the liability waivers, then they are not enforceable, especially if any sort of abuse and negligence is involved.
When it comes to drowning accidents and their lawsuits, these heavily rely on liability, and liability in such cases depends on circumstances. Manufacturers, property owners, and operators of defective equipment can be held responsible for the drowning accident cases and, hence, defendants in such cases.
The Importance of Establishing Liability
If you have a drowning accident case, the most important question to ask is who is going to be responsible or held liable for the case. The answer to the problem depends upon the circumstances. Many times, the person who is responsible for someone drowning is the premises owner, who is the person who owns the area or the pool where the drowning occurred.
However, it can also be an employee or several employees who failed to act properly and respond properly and immediately, as per the demands of the situation. It might as well be an employer who failed to hire and train the much-needed lifeguards.
Seek Legal Consultation First
It is important that at the time of reviewing the case, it is in your best interest to hire a lawyer or an experienced trial attorney. Why, you might ask? The reason is that the trial attorney will be able to determine all potential parties who can be responsible for the drowning.
And don’t worry, you don’t have to pay the lawyer anything upfront, especially when it comes to consultation, as most lawyers are more than happy to offer legal advice for free. Subsequently, if they agree to take your case, they won’t charge you anything upfront but get their payment later from the settlement,
Wrongful Death Claims Caused by Drowning
Now, when it comes to a drowning lawsuit that involves a wrongful death, it is in your best interest to get a lawyer on board. A Drowning Accident Attorney is a legal expert who understands the complexities of the laws revolving around drowning in your respective state. Wrongful death cases should never be dealt with without the help of legal representation in court, irrespective of how strong the supporting evidence is that you have.
Suppose you lost a loved one due to drowning, in which case you have a wrongful death claim. In the case of drowning fatalities, the family members are in the position to file wrongful death lawsuits. Similarly, surviving spouses, domestic partners, children, and others can seek financial coverage for the loss of their loved ones.
Negligence Claims Caused by Drowning
When it comes to drowning lawsuits, you should know about situations that can result in negligence claims, such as lack of supervision, daycare providers leaving kids unattended, or the absence of lifeguards. For any successful lawsuit, proving negligence is critical.
Premises Liability Claims Caused by Drowning
Premises Liability involves holding property owners responsible for drowning accidents on their property. Premises liability also includes the failure to provide safe conditions, give out warnings, provide safety guidelines, and enforce necessary safety measures around water.
Product Liability Claims Caused by Drowning
Defective equipment can also cause a strong drowning lawsuit, as defective machinery or equipment can cause serious injuries and accidents. Suppose there is a situation where a product, such as pool gates or safety gear, malfunctions, then the manufacturers of the equipment can be held liable for the drowning. In this case, the lawsuit will be a matter of product liability.
What To Expect Regarding Insurance Coverage for Drowning Accidents
You should know that depending on your case, property or home insurance might cover drowning accidents. The coverage that you can expect depends heavily on the insurance policy terms and the insurance limits. Insurance companies are in a position to dispute claims, which can lead to a legal battle. Again, in this case scenario, it is in your best interest to call a good lawyer and let the attorney handle the matter for you.
Your attorney will also be negotiating with insurance adjusters on your behalf as the legal expert understands the tricks of insurance adjusters regarding how they try to diminish the claim, so they have to pay the minimum amount possible.
Final Thoughts
The thing about legal battles is that these can have a serious impact – not only on the victims but also on their families. So, if you find yourself in a situation where you are the victim of negligence or you lose a family member or a loved one due to someone else’s negligence, the best thing to do is to talk to a lawyer so that you can understand the legal claim and hold the responsible parties accountable.
