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Following a drowning or near-drowning accident, the last thing on may victims’ and victims’ families’ minds are legal rights. Instead, initially most attention and concern is (rightly) focused on the victim and his or her recovery or, if the victim has died, on the family. However, both the victim and the surviving family members have important legal rights following after a drowning or near-drowning incident. These rights can be waived or otherwise ignored if they are not properly preserved and exercised.

The experienced drowning and near-drowning accident lawyers at Zinda Law Group recognize that your legal rights following a drowning or near-drowning incident are the key to obtaining compensation for your injuries and losses. We aggressively fight to protect our clients’ legal rights and interests so that they can focus on their own health and wellbeing and that of their family.

What Legal Rights Do I Have After a Drowning or Near-Drowning?

If you are the victim of a drowning or near-drowning accident, you have the legal right to file a lawsuit against one or more negligent parties that either caused or contributed to your accident. A person or entity that may be responsible for your injuries and expenses may try to get you to not exercise your rights by either offering you a settlement or attempting to intimidate you or coerce you into not exercising this right.

If your family member died in a drowning incident, you too may have the legal right to file lawsuits against the negligent party or parties who caused or contributed to your loved one’s death. You can file a wrongful death lawsuit which seeks to hold those responsible for your loved one’s death accountable for your loved one’s last expenses and losses (such as final medical bills, pain and suffering, burial expenses, and funeral costs). You can also file a survivorship claim and seek compensation for your own losses (such as loss of your loved one’s future income, loss of your loved one’s companionship, and any mental anguish you may have suffered in watching your loved one drown).

How Do I Waive or Give Up My Legal Rights?

You can give up your legal rights by either agreeing not to exercise them or by waiting too long to exercise them. Most settlement agreements the responsible parties will attempt to persuade you to sign require that you give up any legal rights you may have to sue them in return for their payment to you of a settlement amount. In this situation, by accepting the terms of the agreement and the money offered, you have promised to give up any other legal right to file a lawsuit based on the accident. If you were to try to file such a lawsuit after accepting a settlement, your case would promptly be dismissed.

You can also give up your legal rights by waiting too long to file a lawsuit. All states have a statute of limitations that sets forth how long from the date a drowning or near-drowning incident occurs you have to file a lawsuit. If you do not file your lawsuit within the specified time, you will generally be prohibited from ever pursuing your claim for compensation.

Contact Zinda Law Group for Help

Many drowning and near-drowning victims and family members are unaware of their legal rights and their ability to pursue a claim for compensation from the person or people responsible for the accident. We at Zinda Law Group work to help our clients understand the rights they do have and determine how best to exercise them. Let us help you understand your legal situation following a drowning or near-drowning by calling us at (800) 863-5312.