Many drowning accidents could have been prevented had someone taken more care. If someone else’s negligence caused someone close to you to drown, or if you’ve suffered a near-drowning yourself, it may be possible to pursue financial damages with the help of a West Sacramento personal injury lawyer.
Don’t try to deal with the insurance system yourself. Our West Sacramento personal injury lawyers are ready to help you navigate it so you can seek compensation for the damages you or your loved one have suffered. We will help you through all the steps of a claim, all the way to trial if necessary. Let us be your guide toward justice.
Injuries in Drowning Accidents
People often think of drowning as a fatal act. Thousands die each year from drowning. Those who survive may not escape unscathed. Survivors of drowning often suffer from long-term physical and emotional trauma and may require years of expensive medical treatment.
Brain damage is a possibility after a near-drowning. A drowning person cannot breathe air. This can cause cell damage in the brain and other organs because there isn’t enough oxygen. The cell damage injures the body and mind’s functions. Victims may suffer from:
- Speech difficulties
- Sensory difficulties
- Changes in personality, behavior, or intelligence
- Memory loss
- Learning disabilities
There may also be other injuries depending on how the drowning started. For instance, if someone dove into a pool that was too shallow and there was no warning about the danger, they could strike their head and get a TBI or a spinal cord injury.
How We Fight Back Against Insurance Company Claims
Insurance companies may try to argue or deny the severity of your injuries so they can pay you less. In fatal accidents, they may try to move liability away from their policyholder and onto someone else, even the victim.
We must find evidence that the policyholder was the one at fault and force the insurers to accept defeat. Signs of negligence that we may use in your case include:
- Lack of training for lifeguards and staff
- Understaffing at public swimming locations
- Overcrowded swimming areas
- Inadequate signs or fencing around a body of water
- Failure of equipment, like a drain or a jet, that holds a swimmer underwater
Proper fencing is a special case because pools are considered attractive nuisances. They attract children to them, which puts them at risk of drowning. If a property owner doesn’t fence their pool in accordance with Sacramento law, you may pursue a premises liability claim through Triumph Law’s West Sacramento drowning accident lawyers if your child drowns.
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What Damages Can I Get in a Drowning Accident Claim?
Our attorneys will work to maximize the amount of damages you can collect from your drowning accident claim. If we cannot come to a fair settlement, we will take the insurer to court and fight to convince a jury you should win. There are many damages you could win after a drowning accident. These include:
- All medical costs related to the drowning accident
- Lost wages and lost earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Emotional trauma
- Accessibility adaptations
- Funeral expenses in wrongful death claims
There may be other damages that apply as well. If you’ve been injured or had a loved one die in a drowning accident, you need a lawyer to help you maximize the amount you receive. Without one, you could be left with too little money to cover your costs, or get your case dismissed by the insurer.
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How Long Do I Have to File a Drowning Claim?
All states have deadlines for filing claims in court called the statute of limitations. These laws give all citizens the right to a fair and speedy trial by forcing claimants to file in a timely manner. For all cases involving personal injury or wrongful death in California, you have two years to sue from the date of the injury or death.
If your case involves a government agency or office, the deadline to start a claim is six months. This may apply if your drowning happened in a public pool. Triumph Law can help you file the administrative claim to start cases against government entities.
It’s vital that you start your case well before these deadlines. We need time to investigate what happened to you and procure the evidence to prove your case. The longer you wait, the harder it will be to negotiate a settlement before we’re forced to file a claim. Once the statute of limitations has passed, the court will dismiss your claim and you’ll lose your chance at compensation.
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Can I File a Wrongful Death Claim?
Many drowning accidents end in death. Wrongful death claims allow others to file lawsuits on behalf of those who would be eligible, but cannot because they’re deceased. California has rules on who may start a wrongful death claim.
California Code of Civil Procedure 377.60 allows the following people or their personal representatives to start a wrongful death lawsuit:
- A surviving spouse or domestic partner
- Grandchildren if the children of the deceased are also deceased
- Any minor children who depended on the deceased for at least 50% of their financial support
- Anyone who would be entitled to the deceased’s property according to California’s laws on intestate succession
If you have one of these relationships with the deceased, contact Triumph Law to learn your options about filing a wrongful death claim. Your claim could help you cover your loved one’s final expenses and reduce the financial shock of losing a breadwinner of the family.
Contact a West Sacramento Drowning Accident Lawyer for Free
If you believe that you or a loved one were the victim of a drowning accident caused by negligence, you may be eligible for compensation. Triumph Law can tell you if you are in a free consultation. We are prepared to represent your claim and help you recover maximum compensation.
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Our Dedicated Team of Lawyers are ready to help you understand your rights. There could be ample compensation waiting for you. It is just a matter of filing an effective claim for it, which is where we can step in and take over.