Too many drowning incidents are tragic events that could have been prevented with proper safety measures. If you or a loved one were in a near-drowning accident caused by a property owner’s negligence, you could claim compensation. A personal injury lawyer in California can help you file for damages.
Our legal team has over 20 years of experience advocating for the rights of injury victims. A premises liability lawyer in California will review your case and protect your rights throughout the legal process. Call Triumph Law today to schedule a free legal consultation.
Recoverable Damages After a California Drowning Incident
If you were harmed due to someone else’s negligent action, you have a right to recover damages. A California drowning accident attorney can help you file a claim with the at-fault party’s insurance company. If we cannot get a fair settlement offer through negotiations, we are prepared to take your case to court.
In the aftermath of a drowning accident, you may pursue compensatory damages for financial relief. These aim to reimburse you for the losses suffered. Depending on the details of your case, you could qualify for economic and non-economic damages.
A drowning accident can have a profound and far-reaching financial impact on the victim. The immediate costs can include medical bills and the cost of hospitalization. Your payments can quickly accumulate, especially if you require extensive medical treatment. Such expenses fall under economic damages and can encompass further tangible losses.
Economic damages after a California drowning incident include:
- Medical costs
- Future medical expenses
- Lost wages
- Loss of earning potential
- Out-of-pocket expenses
Accident victims and their families can also experience a strong emotional impact after the traumatic event. While this aspect is often overlooked, you can recover intangible losses with the help of a California personal injury lawyer. For example, if you suffer from anxiety after nearly drowning, you could claim non-economic damages.
We will help you pursue non-economic damages, such as:
- Pain and suffering
- Emotional distress
- Deceased quality of life
- Loss of enjoyment
Punitive damages may come into play following a drowning accident in California when the defendant is guilty of oppression, malice, or fraud. These damages aim to serve as a punishment for the at-fault party and deterrence. The purpose is to send a strong message to the responsible party and others, discouraging similar behavior in the future.
The amount of punitive damages awarded depends on various factors, including the severity of the misconduct, the defendant’s financial resources, and the harm caused by their actions. Since not every case qualifies for punitive damages, our drowning accident attorneys in California can determine your eligibility.
Wrongful Death Damages
If a loved one drowned due to someone else’s negligence, you could file a wrongful death lawsuit to recover your losses. Wrongful death claims can provide financial relief to surviving family members who have suffered losses due to the untimely death of their loved one.
Through a wrongful death lawsuit, you can pursue damages such as:
- Funeral and burial expenses
- Medical bills
- Loss of future income and financial support
- Loss of companionship
- The pain and suffering endured by the deceased before their passing
While no amount of compensation can truly make up for the loss of a loved one, a wrongful death claim can help alleviate the financial burdens your family faces.
Our compassionate wrongful death lawyers in California understand the emotional and financial challenges that accompany the loss of a loved one. We are dedicated to offering legal guidance throughout the recovery process.
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File a Personal Injury Lawsuit Within the California Statute of Limitations
You have a limited time to act if you want to take legal action following a near-drowning or drowning accident. In California, victims usually have two years to file a personal injury claim against the at-fault party. The same standard time limit applies to wrongful death cases as well.
Waiting too long to take legal action may result in your claim being barred, preventing you from pursuing the compensation you need. Consult an experienced attorney promptly to ensure your rights are protected and meet all necessary deadlines.
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Leading Causes of Drowning Accidents in California
Drowning accidents are closely associated with premises liability, a legal concept that holds property owners responsible for maintaining safe conditions. For example, your attorney may prove that the property owner failed to fulfill their duty of care in maintaining a safe environment around a swimming pool.
Common reasons for drowning accidents in California include:
- Lack of supervision: Insufficient supervision at swimming pools, beaches, or water parks, can increase the risk of drowning accidents, particularly for children or inexperienced swimmers.
- Lack of barriers: The absence or improper installation of safety barriers, such as fences, gates, or pool covers, can lead to unauthorized access and increase the risk of drowning accidents.
- Lack of warning signs: Insufficient or inadequate signage regarding water depth, hidden hazards, or strong currents may result in individuals unintentionally entering dangerous areas.
These reasons are not exhaustive, and drowning accidents can occur due to a combination of factors. However, determining the accident’s cause is crucial to identifying the at-fault party in your compensation claim. Our lawyers will investigate the circumstances of the drowning incident and help you build a strong case.
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Call a Drowning Accident Lawyer in California Today
A drowning or near-drowning incident can be a traumatic event that greatly impacts the victim and their family. At Triumph Law, we understand that you may feel vulnerable and confused. This is why we aim to empower you to seek justice by helping you understand how California laws impact your case.
Our legal team is dedicated to providing support and legal representation to injury victims and their families. A drowning accident lawyer in California will help you navigate the legal process with empathy. You will benefit from our full legal support throughout the case. Contact us today to discuss the details of your case.