Drowning Accident Lawyers in Texas

Last updated on: June 7, 2022

CALL (800) 863-5312 to speak with a Texas drowning accident lawyer for free

Drowning accidents are tragic, leaving the families and friends of victims wondering how they could have been prevented. While the loss of a loved one is always painful, this loss is especially difficult to accept when it could have been avoided. Unfortunately, drowning accidents have become increasingly common, which is why it’s important to know Texas drowning accident lawyers you can call in the event of an accident.

If you have been injured or if you have lost a loved one who died from an accidental drowning in Texas, call Zinda Law Group today at (800) 863-5312. We will schedule your free consultation as soon as possible with a Texas drowning accident lawyer who will help you pursue compensation. If we are not able to win your case, you will not owe us anything.

What steps can be taken to prevent drowning accidents?

Any person can potentially drown, whether in a swimming pool or even a bathtub. The tragic loss caused by accidental drownings is often preventable if proper precautions are taken. The Centers for Disease Control and Prevention (CDC) published suggested steps to prevent accidental drownings, such as:

Maintain Proper Supervision of Children

Many drowning accidents involving children can often be prevented by making sure that children are closely supervised when in or near water, whether natural water sources like creeks, swimming pools, bathtubs, or even a bucket of water. 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. By ensuring that children are always closely supervised anytime they have potential access to water, many tragic drowning accidents can be avoided.

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 possible risks, especially when vising an unfamiliar location, another home, or large bodies of water. For example, you should always be sure to check the water conditions and  latest updates on currents, riptides, and other hazards before taking children to the beach.

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 pools be surrounded by 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. With proper fencing, parents can prevent children from accessing the pool without supervision.

Take Swimming Lessons

Taking swimming lessons can also help reduce a child’s risk of drowning. When children are taught to swim at an early age, they learn fundamental water survival skills, such as knowing when and how to swim up for air, as well as how to 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 may be liable for a Texas 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 property owner where the pool is located including for non-residential pools
  • Hotels
  • The homeowner if the drowning took place in a residential pool
  • A babysitter or other caregiver who was supposed to be supervising the victim if he or she was a child
  • Government entities such as a municipality that may have been responsible if the drowning occurred at a public pool
  • Non-profit organizations
  • Community or neighborhood associations
  • Pool management companies
  • A boat owner if the drowning took place with the victim falling from a boat
  • Daycare service
  • Pool manufacturer
  • Life jacket manufacturer
  • Lifeguard

People and organizations who have a pool on their property have an obligation to ensure that certain precautions are taken to prevent accidental drownings. If these precautions are not taken, then 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. That’s why it’s important to contact a Texas drowning accident lawyer who can help you determine fault. However, the longer you wait before contacting Zinda Law Group 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.

Read More: Factors That May Increase the Risk Of Drowning

Filing a wrongful death claim in Texas

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, is not able to escape 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. The ability to pursue a wrongful death claim is often justified by the understanding that if the victim had survived the drowning accident, then he or she 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 is no longer able to seek compensation on their own behalf, so many states, including Texas, allow for certain family members of the victim to pursue a wrongful death claim.

Read More: Wrongful Death Lawyers

Texas Wrongful Death Law

While many states do allow wrongful death claims, each state’s law varies in terms of 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, this means that under Texas law, these are the only family members and loved ones who are eligible to pursue a wrongful death claim. Others close to the victim who may have also suffered significantly from their loss, such as the victim’s grandparents or siblings, cannot bring a wrongful death claim. However, if none of these permitted individuals have filed a wrongful death lawsuit within three months after the victim’s death, the executor or administrator of the victim’s estate can bring the claim.

Statute of Limitations for Texas Wrongful Death Lawsuits

Like other personal injury claims, a wrongful death lawsuit is subject to a legal time frame within which any claim must be filed. Any claims filed after this time period, called the statute of limitations, will generally not be allowed by the court.

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 of the accident 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 you need a personal injury attorney IN TEXAS

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 trying to figure 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 will be able to use their experience helping others who have pursued wrongful death claims for deceased drowning victims.

Investigating 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

The evidence collected by your lawyer can be used to determine who may be liable for the accident as well as help determine what may be 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 case to trial.

Negotiating With Insurers

Most homeowners or other property owners maintain some level of insurance coverage to protect against possible costs associated with personal injury claims, including wrongful death claims arising from a drowning accident. The insurer’s main goal is to pay out as little as possible, if anything, 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. This often includes actions such as:

  • Making the claims process as difficult 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 who are not represented by an attorney by taking statements out of context or using other means to dispute liability

Fortunately, hiring a skilled Texas personal injury lawyer will show the insurance company that you are serious and will help you level this playing field against insurance companies. The knowledgeable attorneys at Zinda Law Group will use their familiarity with insurer tactics as well as Texas law to help you pursue the maximum compensation you may be entitled to.

If both sides are able to reach an agreement on an acceptable amount of compensation, a settlement may be reached without having to go to trial. Settlement offers and counteroffers may be exchanged many times before a final settlement can be reached. If no settlement can be agreed upon, 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.

Contact one of our Texas drowning accident lawyers near you today

Any accident involving the death of a loved one is tragic, but the pain of these losses can be especially significant when the victim is a young child that was killed in an easily avoidable accident. If you lost your loved one because of a drowning accident, our attorneys will help you fight for the justice you deserve for your loss.

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 take to protect your legal rights and to seek compensation for your injuries and damages.

Call (800) 863-5312 today to schedule your free consultation with a personal injury attorney in Texas as soon as possible. Our team will handle your injury or wrongful death claim so you can focus on recovering from your physical injuries or the loss of your loved one. You will not pay anything unless we win your case. This is our “No Win, No Fee Guarantee.”

Meetings with attorneys are available by appointment only.