Drowning accidents are tragic, leaving the families and friends of victims wondering how they could have prevented the loss.
Unfortunately, drowning accidents have become increasingly common, so it’s essential to know a Texas drowning accident lawyer you can call in the event of an accident. If you sustained injuries or lost a loved one, call Zinda Law Group or fill out our online contact form.
We will schedule your free consultation as soon as possible with a Texas personal injury lawyer who will help you pursue compensation. You will only owe us for legal fees if we win your case.
What Steps Can You Take to Prevent Drowning Accidents?
Any person can drown. Swimming pools, bathtubs, and other bodies of water all pose a risk. The tragic loss caused by accidental drownings is often preventable if people take proper precautions. The Centers for Disease Control and Prevention (CDC) published suggested steps to prevent accidental drownings, such as:
Maintain Proper Supervision of Children
People can prevent drowning accidents by closely supervising children in or near water, including creeks, swimming pools, bathtubs, or even a bucket of water.
For any period of time that the child will be unsupervised, a responsible adult should also carefully close, lock, and otherwise secure any entrances or access points to the water.
Further, anyone supervising children around water should also be careful to avoid any potential distractions, such as:
- Talking or texting on the phone
- Reading
- Using alcohol or drugs
- Leaving the child unattended in or around water for even a few seconds
- Talking to other people around the water
- Any other actions that may distract the person’s attention and focus from the child or children
Lastly, anyone responsible for monitoring children around water should also take proactive measures whenever possible to learn about any potential risks, especially when visiting an unfamiliar location, another home, or large bodies of water.
For example, before taking children to the beach, you should always check the water conditions and the latest updates on currents, riptides, and other hazards. You can review more tips with a drowning accident attorney.
Fully Enclose Pools With Fencing
While close supervision is crucial in preventing many accidental drownings, it is impossible to supervise a child every second of every day.
To prevent children from accessing the pool area without adult supervision, the CDC recommends that property owners surround pools with a four-sided fence that separates the pool from the house and fully encloses the pool.
This fencing should also include self-latching and self-closing gates. Parents can prevent children from accessing the pool without supervision with proper fencing.
Take Swimming Lessons
Taking swimming lessons can also help reduce a child’s risk of drowning. When children learn to swim early, they learn fundamental water survival skills, such as knowing when and how to swim up for air and navigate toward the nearest exit from the water.
Small babies can even learn to turn over in the water in the event of an emergency.
Wear Life Jackets
Wearing life jackets can reduce the risk of drowning for swimmers of all ages or swimming abilities. Children should always wear life jackets any time they are in or around natural water sources like lakes or rivers. Weaker swimmers should also wear life jackets around natural water or swimming pools.
Who Can You Sue for a Drowning Accident?
Liability for a drowning accident often begins with determining whether there was any potential negligence by the property owner where the drowning occurred.
This determination will generally depend on examining the specific details surrounding the incident and factors such as where the incident occurred and what precautions, if any, were taken to prevent an accidental drowning from occurring. Potentially liable parties after an accidental drowning include:
- The individual who owns the pool property owner
- Hotels or resorts
- Homeowners, if the drowning took place in a residential pool
- A babysitter or other caregiver who was supposed to be supervising the victim
- Government entities – such as a municipality – if the drowning occurred at a public pool
- Non-profit organizations
- Community or neighborhood associations
- Pool management companies
- Boat owners, if the drowning took place with the victim falling from a boat
- Daycare services
- Pool manufacturers
- Life jacket manufacturers
- Lifeguards
People and organizations with a pool on their property must take certain precautions to prevent accidental drownings. If they fail to take these precautions, the property owner, business, organization, or other party may be liable if a drowning occurs.
Determining liability can be especially difficult after an accidental drowning, as the court qualifies some pools as an attractive nuisance. That’s why it’s essential to contact a Texas drowning accident lawyer who can help you determine fault.
However, the longer you wait before contacting our law firm for your free consultation, the more difficult it may be to prove liability, as many parties may take immediate action following a drowning to repair or address the condition that allowed the drowning to happen.
Can You File a Wrongful Death Claim for a Drowning Accident?
If the drowning accident resulted in your loved one’s death, the compensation process will generally involve filing a type of personal injury lawsuit known as a wrongful death claim.
A wrongful death lawsuit allows the victim’s surviving family members, such as a spouse, to make sure anyone responsible for causing the fatal accident that claimed the victim’s life faces liability after the victim passes away.
Under Texas law, family members can file a wrongful death claim to seek compensation for the financial burden caused by the victim’s death.
What Compensation do You Get for a Wrongful Death?
Getting legal representation after a deadly accident can help your family seek relief from the financial burdens associated with a fatal accident. You may receive funds to cover your loved one’s medical expenses and burial expenses, for example.
Legal teams may also bring you funds to cover your loss of companionship, lost guidance, and lost inheritance. In some situations, families may qualify to receive punitive damages after fatal drownings, holding responsible parties accountable for their negligent actions.
We understand the economic hardship your family may face during this challenging time, and we’re ready to help with a drowning accident claim.
How do Wrongful Death Laws Work in Texas?
Legally, lawyers often justify the ability to pursue a wrongful death claim by the understanding that if the victim had survived the drowning accident, then they would have been able to potentially pursue a personal injury claim against the party responsible for causing the accident.
However, if the drowning accident is fatal, the victim can no longer seek compensation on their own behalf, so many states, including Texas, allow certain family members of the victim to pursue a wrongful death claim.
Who Can File a Wrongful Death Claim?
While many states allow wrongful death claims, each state’s law varies regarding who can bring a wrongful death action. According to Section 71.004 of the Texas Civil Practice and Remedies Code, family members who are allowed to bring a wrongful death claim on behalf of the deceased victim are immediate family members, including:
- The surviving spouse
- Any children
- The victim’s parents
Unfortunately, these are the only family members and loved ones eligible to pursue a wrongful death claim under Texas law. Others close to the victim who may have suffered significantly from their loss, such as their grandparents or siblings, cannot bring a wrongful death claim.
However, suppose none of these permitted individuals have filed a wrongful death lawsuit within three months after the victim’s death. In that case, the executor or administrator of the victim’s estate can bring the claim. Our law firm can help you learn more about your eligibility.
What’s the Statute of Limitations for Texas Wrongful Death Lawsuits?
Like other personal injury claims, a wrongful death lawsuit is subject to legal deadlines. The court will generally not allow any claims filed after this time, called the statute of limitations.
Section 16.003 of the Texas Civil Practice and Remedies Code requires family members to file any lawsuit within two years from the day after the victim’s death.
The statute of limitations for most personal injury claims begins running from the date when the injuries occurred. However, the statute of limitations for wrongful death claims in Texas does not start until the day after the drowning victim’s death.
Why Do You Need a Swimming Pool Accident Attorney?
At Zinda Law Group, we understand that losing a loved one in an accidental drowning can be emotionally devastating and financially difficult. The last thing you want to add to your burdens is figuring out the legal complexities of filing a wrongful death claim on your own.
For example, determining liability for a wrongful death claim after a drowning in Texas creates even more complications than many other wrongful death claims.
A Texas accidental drowning attorney can use their experience helping others who have pursued wrongful death claims for deceased drowning victims. After an initial consultation, our team can:
Investigate the Accident
After your free consultation, your attorney will perform a thorough investigation to gather any evidence to support your claim and determine potential liability. During this investigation, your lawyer may gather evidence such as:
- The victim’s medical records
- The victim’s death certificate
- Any photographic or video evidence
- Eyewitness statements
Your lawyer can use the evidence they collected to determine who may be liable for the accidental death and help determine an appropriate amount of compensation.
The evidence gathered during this investigation will often be crucial in supporting your claim during negotiations with the insurance company or in proving your case if your attorney has to take your premises liability case to trial.
Negotiate with Insurers
Most homeowners or other property owners maintain some insurance coverage to protect against possible costs associated with personal injury claims, including wrongful death claims arising from a drowning accident.
The insurer’s primary goal is to pay as little as possible when presented with a claim. They have teams of lawyers whose jobs are to do anything necessary to save the insurance company as much money as possible when defending against these claims.
Insurance representatives may focus on the following:
- Making the claims process as complex and complicated as possible
- Delaying the claims process to pressure financially-burdened victims to accept far less compensation than they may be entitled to
- Looking for any reason to deny a claim
- Taking advantage of victims without support from an attorney by taking statements out of context or using other means to dispute liability
Fortunately, hiring a skilled Texas drowning accident lawyer will show the insurance company you are serious and help you level the playing field against insurance companies. Our attorneys will use familiarity with insurer tactics and Texas law to help you pursue maximum compensation.
If both sides can agree on an acceptable amount of compensation, they may settle without going to trial. Legal professionals may exchange settlement offers and counteroffers many times before reaching a final settlement.
If parties cannot agree on a settlement, the case may go to trial, where your lawyer will present your case and the evidence supporting your claim. Then, the jury will decide whether the other party should be held liable for the drowning and, if so, how much compensation you should receive.
Why Hire Us After a Drowning Accident in Texas?
Hiring a personal injury attorney from Zinda Law Group after a drowning accident can allow you to feel confident about your legal claim. We have years of experience and take these claims seriously, providing you with advice during this difficult time.
We also have a history of successfully resolving deadly drowning accident cases. We recently brought a family $1,500,000 for a wrongful death caused by drowning. Find out more about your specific options today with a legal consultation.
You Can Contact a Texas Drowning Accident Attorney
If you lost a loved one in a drowning accident in Texas, call Zinda Law Group today to schedule your free consultation with an experienced Texas drowning accident lawyer.
By quickly contacting our team after your accident, your attorney can help you understand the next steps to protect your legal rights and seek compensation for your injuries and damages.
