Did you lose someone from a drowning accident? Learn what to do when starting a drowning accident claim in this article, then give us a call!
1) Choosing the Best Attorney
There are four questions that need to be asked. You should first ask whether or not that lawyer is a personal injury lawyer. That means the lawyer handles only personal injury work. If they handle wills, bankruptcies, and family law, then this isn’t the right lawyer for you. The lawyer should be devoted to personal injury work. The other thing is if the lawyer is a trial lawyer that has experience and knowledge in going to court and fighting these cases before a judge and jury.
Next, does the lawyer have success and knowledge pertaining to this area of law? Have they gone to court, been successful, and can show you their results? The other thing you would want to know from that lawyer is whether or not they are board-certified. A board-certified lawyer is one of the top 3% in the state who are recognized as having specialized knowledge in their area of law.
2) After the Accident
First, you need to make sure that the drowning was reported to the local government agency. This typically will be the police department or local sheriff’s office. It’s also important that the accident is reported at the facility where it happened. If it was at an apartment complex or hotel, notify the manager. If it was at a camp, notify whoever is in charge.
It’s also important that you hire an experienced lawyer that’s involved in swimming pool accident cases. What they can do is make sure that the evidence is preserved. One of the things to look at is what the level of water was. Was the pool properly marked? Were there lifeguards involved? Is there any video that shows the accident?
3) Claim Value
When determining the value of a drowning accident case, how and why this drowning occurred needs to be examined. For example, what time of day did it happen? Were there some sort of signs to show what the level of water was where the accident took place? Was there a lifeguard on duty or someone who observed how the drowning occurred? There are also specific regulations that are going to apply depending on if it’s a private pool or a commercial pool. For example, did it happen at an apartment complex? Did it happen at somebody’s home?
Did it happen at a school facility? All of these are factors that go into determining what the value of the case is. One of the other things that we’re going to look at is the amount of insurance that the involved facility has — for example, a school or summer camp. One of the things that we’re also going to look at is the relationship. We’re going to look at the type of relationship that child had with their parents and siblings. All of this is going to determine the emotional damages of the case, so it’s important to get a lawyer who is experienced in handling drowning cases.
4) Settlement Timeline
That is a complicated question to answer because every single case is different. Some of the factors that are going to be looked at are the parties that were involved. Are they willing to try to settle the case quickly, or are they going to want to draw it out further?
It’s also going to depend on how and why the accident happened. Were there lifeguards present? Was there any type of surveillance in that area? Was the pool properly monitored? Did it have different safety measures in place? Another thing that we’re going to have to look at is where the drowning occurred and if they’ve had a similar type of accident before. For instance, if they’ve had prior drownings, then obviously this case is going to settle a lot quicker than if they hadn’t had any drownings. There are various factors that go into it, but a lawyer who’s experienced in handling drowning cases will be able to assist you.
Were you or a loved one seriously injured in an accident and have questions about what to do when starting a drowning accident claim?
Contact our experienced Texas drowning accident lawyers at Garcia & Ochoa today for a free consultation and case evaluation.
Let our experience work for you.
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