Why Hire a Lawyer?
You may wonder why you should hire a lawyer to manage your claim when a family member has drowned or has suffered severe consequences in a near-drowning. There are several reasons why it is advised that you have a drowning attorney for your case, the first of which is the value of your case. Insurance companies do not want to pay the maximum in damages. When there is no lawyer to manage the claim, the lack of knowledge about the actual value of the case could lead to accepting a settlement far, far lower than could be achieved with legal help.
Some cases that genuinely have merit are denied by an insurance company based on some technical detail. A person not trained in personal injury, water safety, premises liability, and product liability law cannot be expected to know the claim's value or if the insurance company is correct when denying a claim. That is where The Doan Law Firm, P.C. comes in. The firm is accomplished and well-known throughout the legal community for its work in drowning injuries and death by drowning cases of all types. Don't take chances in a drowning case. Get legal representation from a true authority in water-related injury and death cases.
Step by Step Guidance from an Experienced Lawyer
There are a number of factors that must be taken into consideration before filing a lawsuit or claim after a drowning accident. The success of your case will rely heavily on the circumstances leading up to your accident, the laws governing these types of accidents in your state, who is determined to be at fault, whether there is sufficient evidence to prove your claim and if a third party may have played a role in causing your injuries.
When another person's carelessness, irresponsible behavior or intentional wrong-doing results in life-threatening injuries or death, that person needs to be held liable for his or her actions. Individuals who have been injured or killed due to another person's negligent behavior may have grounds to file a lawsuit or claim to recover damages.
At The Doan Loan Firm, PLLC., Attorney Doan will take the time assist you with each step of your case by:
- Sitting down with you
- Evaluating your case
- Advising you of your legal rights
- Helping you determine how to proceed
He will answer all of your questions and help you alleviate any accident-related stresses or worries. Do not expect your insurance company or any other insurance company to have your best interests in mind in this type of case. In cases involving drowning, you need an aggressive drowning lawyer you can trust to be a steadfast advocate for your rights.
Attorney Doan has years of experience and he has built up a highly-trained team that he uses to:
- Investigate the scene of the accident
- Discover any potential risks/liabilities
- Determine fault
- Gather evidence necessary to build your case
He and his team are committed to helping you seek the maximum economic and non-economic damages for your particular case.
Common Causes of Drowning Accidents
There exist a number of commonplace causes of heartbreaking fatal drowning accidents in the United States. These include:
- Defective Pool Gates and Fences: Inadequate or malfunctioning pool gates and fences can allow unsupervised access to swimming pools, increasing the risk of drowning, especially for young children.
- Defective Pool Drains: Faulty pool drains and suction outlets can create dangerous underwater entrapment hazards. Swimmers, particularly children, can become trapped by the suction force of these drains, making it difficult to escape and potentially leading to drowning incidents.
- Improper Care and Maintenance around Pools: Neglecting proper pool maintenance can result in slippery surfaces, broken equipment, or water contamination, all of which can contribute to drowning accidents.
- Pool Manager or Operator Negligence: Inadequate training, lack of supervision, and failure to enforce safety rules at public or private pools can lead to drowning accidents. Pool operators are responsible for ensuring a safe environment for swimmers.
- Lifeguard Negligence: Lifeguards play a crucial role in maintaining water safety at public pools and beaches. Negligence, distraction, or inadequate training among lifeguards can result in delayed response to emergencies and increase the risk of drowning accidents.
- Inadequate Supervision: Insufficient or distracted supervision, particularly of children, is a significant factor in drowning accidents. Parents, guardians, and lifeguards must maintain constant vigilance when people are in or near the water.
- Lack of Safety Equipment: The absence or improper maintenance of life-saving equipment, such as rescue buoys, reaching poles, or first aid kits, can hinder rescue efforts in emergency situations.
- Inadequate Warning Signs: Pools and natural water bodies should have clear and informative warning signs to alert swimmers to potential hazards, including deep water, currents, and dangerous areas.
- Crowded or Overloaded Pools: Overcrowded swimming pools can make it challenging for lifeguards to monitor all swimmers and respond to emergencies promptly. This can result in accidents, including drownings.
- Inadequate Training or Certification: Individuals responsible for supervising swimmers, including lifeguards and swimming instructors, should have proper training and certifications to ensure they can respond effectively to emergencies.
- Unsupervised Access: When private residences or public facilities with swimming pools are left unattended or unlocked, it can lead to unsupervised access, especially by children or inexperienced swimmers.
File A Claim: Help Yourself and Others.
If safety standards have not been followed, other young people are at risk, and the legal action that you take could bring about change and save future lives. The claim for damages, when successful, can also provide your family with the ability to move forward without financial stress, and to pay for the costs associated with the loss of the treasured family member. If the fatal accident took place during a boating accident, it is also a critical matter to get justice and be compensated financially for the negligence that was exhibited by the responsible party.
Establishing Negligence: A Critical Point in Drowning Cases
Any injury or death case requires establishing a negligent party. In a drowning case, the facts must be reviewed to determine whether there was an act of negligence and, if so, who is responsible. In some cases, there could be several negligent parties. For example, a pool drowning could mean that the pool owner, operator, and pool gate manufacturer could be held liable if it is determined that the locking mechanism was faulty. This is just one example; there are many, many more. Cases of negligence involving lifeguards, boat operators, pool operators, or oil companies in offshore drowning cases are just some of what the firm works on.
To get help protecting your rights and to find out whether you may have a claim against a negligent party, do not hesitate to contact the drowning lawyer at the Doan Law Firm as soon as possible.
