Drowning Accident Lawyers

If you’re facing serious injuries in or Texas due to another person’s or corporation’s negligence, recklessness, dangerous actions, car or truck accident, or faulty products, it’s crucial to get legal representation from Dunham & Jones, the Trusted Texas Personal Injury Attorneys. Dunham & Jones can help you recover compensation for medical costs, income losses, pain, suffering, and other damages through a meticulously crafted personal injury or wrongful death claim in Texas. Call 888-222-9746 now for your free injury case review and discuss your case in detail.

When an individual drowns, it can be an incredibly emotional time for the family and friends of the deceased. In the aftermath, there are often many questions that need to be answered and final expenses to address. You may be able to make this difficult time a little easier by talking to a Texas drowning accident lawyer.

At Dunham & Jones, Attorneys at Law, our legal team is prepared to do whatever it takes to make this situation easier for you and your loved ones by fighting for the just compensation you deserve. Loved ones of a recently deceased person shouldn’t have to endure the stress of costly funerals and other expenses while also managing a legal case. Let our injury lawyers take the burden off your shoulders by handling the legal side of your claim, so you can spend this time with the people closest to you.

What Are High-Risk Locations for Drowning Incidents?

Certain locations present higher risks of drowning, which vary by age group:

• Infants Under 1 Year: Two-thirds of all drowning incidents occur in the bathtub.
• Children Aged 1-4: The majority of drownings occur in home swimming pools.
• Children Aged 5-14: Approximately 40% of drownings occur in natural water (lakes, rivers, oceans), and 30% occur in swimming pools.
• Individuals Aged 15 and Older: More than half of fatal and non-fatal drowning incidents occur in natural waters.

Regardless of age, it’s crucial for parents and guardians to monitor children around bodies of water. Anyone entering the water needs to be aware of the associated risks. Risks are present in swimming pools as well as in natural waters like oceans and lakes. The use of flotation devices is highly recommended, especially for children learning to swim.

If you have an open body of water on or near your property, be mindful that children are naturally drawn to water. They may not understand the dangers of going under the surface, which can lead to tragic outcomes. Implement safety measures and supervise children closely to prevent drowning incidents.

How Will a Drowning Accident Lawyer Help Me Pursue My Case?

A drowning accident attorney can assist in various ways to ensure you receive the compensation you deserve:

• Filing Your Case Promptly: Ensuring that your case is filed within the statute of limitations, which is two years from the date of the accident. Missing this deadline can prevent your case from being heard and bar you from obtaining compensation.
• Settling the Case: Working diligently to settle the case in a timely manner if you prefer an out-of-court resolution. However, we always build strong claims that are prepared to hold up in court should a trial be necessary.
• Advocacy and Support: Acting as your advocate throughout the entire case process, addressing your concerns, and providing honest and straightforward advice. Your attorney will be there to guide you and honor your wishes, ensuring you remain in control of how your case is handled.
• Building a Strong Case: Conducting a thorough investigation, gathering evidence, and building a compelling case to maximize your chances of a favorable outcome. This includes obtaining medical records, eyewitness testimonies, expert opinions, and other relevant documentation.
• Negotiating with Opposing Parties: Engaging in negotiations with insurance companies and other parties involved to secure a fair settlement that reflects the true value of your claim.
• Representing You in Court: If a settlement cannot be reached, your attorney will represent you in court, presenting a strong case to the judge and jury to fight for the compensation you deserve.

Call Dunham & Jones at 888-222-9746 to schedule a free consultation with an injury attorney and learn how we can help you with your Drowning Accident case. Dunham & Jones was established in 1989 and is dedicated to helping it’s clients get the best results.

Is Drowning Always Fatal?

Drowning refers to respiratory impairment caused by being submerged in liquid. While many drowning incidents are fatal, not all drownings result in death. Individuals can “drown” in non-bodies of water if enough liquid is inhaled into the respiratory system. Survivors of drowning incidents may be left with life-changing injuries.

• Near-Drowning
  • Definition: A near-drowning occurs when a person drowns but is resuscitated and survives.
  • Impact: When an individual is unable to breathe for any length of time, it deprives the brain of oxygen. Lack of oxygen for more than a few minutes can lead to significant brain damage, even after resuscitation.
• Secondary Drowning
  • Definition: Secondary drowning occurs when an individual inhales water, often due to struggling in the water.
  • Symptoms: Survivors of the initial incident may experience symptoms of water inhalation later, sometimes up to 24 to 48 hours after the event. These symptoms can include difficulty breathing, coughing, chest pain, and extreme fatigue.

Who Is Held Responsible When Someone Drowns?

The first question that you will want to answer is why your loved one drowned in the first place. In part, you will want an answer to help you get closure as well as to determine if negligence played a role in the drowning. If the drowning was just an accident, it is unlikely that you will be entitled to compensation on behalf of the deceased. However, if negligence did play a role in the accident, our Texas personal injury lawyers will make sure that any liable party or parties are held accountable for their actions.

For instance, if a camp counselor wasn’t watching your child when they drowned in a pool, the counselor, the camp, and any third party tasked with acting as a lifeguard could be held liable. If a family member drowned after a boating accident, the owner of the boat could be held liable if there were no life vests on board. The government may also be held responsible if they didn’t get to your loved one quickly enough after he or she went overboard or if other protocols weren’t followed for any reason.

Liability Laws for Texas Drowning Accidents

Various mechanisms under the law and in the court system can help determine liability for a drowning incident. These include examining the liability of a property owner, management company, product manufacturer, or another party. Every drowning or near-drowning case is unique, so determining liability requires an extensive investigation into the incident.

• Premises Liability Claim: Property owners are responsible for taking adequate measures to keep their premises safe for anyone who has the right to be there. This includes ensuring the pool is secure from children and even supplying lifeguards if the pool is open to the public.
• Product Liability Claim: If a drowning incident is caused by a defective product, such as a pool light, pool filter, flotation device, or some other product, the manufacturer of the product may be held responsible for the incident.
• Attractive Nuisance Laws: If property owners fail to secure potentially dangerous hazards around their property, the attractive nuisance laws in Texas could apply. These laws state that property owners are responsible for securing any hazard that could attract children and cause them harm.
• Willful Misconduct: If a drowning incident was caused by the willful misconduct or negligence of another individual, that individual may be held responsible for the incident. For example, if individuals are horse playing, impaired, or become violent and lead to the drowning of another individual, they may be held responsible for the incident.

Types of Compensation May be Entitled to

If your loved one has passed due to a drowning accident, you may be entitled to various forms of compensation. Here’s what you could potentially recover:

• Medical Expenses
• Final Expenses, such funeral or cremation expenses
• Loss of Future Earnings
• Punitive Damages
• Loss of Love, Companionship, and Support

Call Dunham & Jones today at 888-222-9746 to schedule a free consultation with a Texas Drowning Accident lawyer. Drowning Accident cases need an experienced injury law firm such as Dunham & Jones. Dunham & Jones was established in 1989 and is dedicated to helping it’s clients get the best results.

Filing a Wrongful Death Claim After a Drowning Accident

If you lose a loved one due to a drowning incident and believe that another individual or entity is responsible, you may be able to file a wrongful death lawsuit on behalf of your loved one. In Texas, a surviving spouse, child, parent, or one of those individuals on behalf of the rest is allowed to file a wrongful death lawsuit in court.

If any of those individuals fail to file a wrongful death claim within three months from the date of death, the personal representative of the deceased’s estate can file the claim unless all of the eligible surviving family members have specifically requested that the wrongful death lawsuit not be filed.

A successful wrongful death claim can provide the compensation a grieving family needs to help adjust to a new way of life without their loved one. This compensation can include:

• Lost Wages: Financial support for the income the deceased would have provided.
• Loss of Household Services: Compensation for the value of services the deceased would have contributed to the household.
• Loss of Companionship, Love, Comfort, and Society: Compensation for the emotional and relational loss experienced by the family.

Texas Drowning Accident FAQs

We understand that you likely have many questions after being impacted by a drowning accident. Our legal team is committed to securing justice for you and your family during this difficult time. We’ve answered some of the most commonly asked questions relating to drowning incidents in the section below. If you have additional questions that are not addressed here, please give our firm a call. We will discuss the details of your unique case during a free initial consultation.

Where Do Most Drowning Incidents Occur?

Most drownings occur in swimming pools or natural bodies of water, such as lakes or oceans. Very young children may drown in the bathtub if left unattended, but a majority of at-home incidents occur due to swimming pools. As people grow older, the chances of experiencing a drowning accident in a natural body of water increase. Over half of fatal drownings among victims 15 years of age or older occurred in natural waters.

Who Is at Highest Risk of Drowning?

Drowning can unfortunately impact anyone. Even a strong swimmer may become fatigued, suffer an injury, or otherwise unexpectedly become unable to keep themselves afloat. However, there are some risk factors that can make it more likely that someone will drown or go through a near-drowning experience. The Centers for Disease Control and Prevention (CDC) provides the following list of risk factors to be aware of:

• • Inability to Swim
  • Missing or Ineffective Barriers
  • Lack of Supervision
  • Lack of Lifejackets
  • Alcohol Consumption
  • Use of Drugs or Prescription Medication

Being aware of these risk factors can help in taking preventive measures to ensure the safety of yourself and your loved ones around water. If a drowning incident occurs, understanding these factors can also play a crucial role in determining liability and pursuing legal action.

How Much Does it Cost to Hire an Experienced Drowning Lawyer?

At Dunham & Jones, Attorneys at Law, we handle cases on a contingency fee basis. This means:

• • You will not pay any out-of-pocket legal fees throughout the duration of your case.
  • You will not pay any fees at all if we do not secure a favorable settlement or court verdict on your behalf.
  • You will not pay more than our pre-determined and agreed upon settlement percentage fee if we achieve a positive outcome in your case.  This amount will be agreed upon before we begin working on your case, ensuring there are no surprises once your case is resolved.

This contingency fee arrangement allows you to pursue justice and compensation without the burden of upfront legal costs, giving you peace of mind during this challenging time.

When is the Best Time to Hire an Attorney?

We recommend reaching out to a drowning accident lawyer in Texas as soon as possible following a drowning accident that impacts you or your family. Here’s why prompt action is crucial:

• • Immediate Evidence Collection: Our team will immediately begin gathering evidence and securing witness testimony to build the strongest case possible on your behalf.
  • Preserving Memories: Memories of the event may fade over time, and obtaining accurate and detailed accounts is essential for a solid case.
  • Statute of Limitations: It’s important to file within the window of the state’s statute of limitations. Delaying could jeopardize your ability to seek compensation.

Hiring an attorney promptly ensures that all necessary steps are taken to protect your rights and strengthen your case from the outset.

Contact Dunham & Jones Law Today

If you need to hire a drowning accident lawyer in Texas, call Dunham & Jones, Attorneys at Law today at 888-222-9746. Our qualified and experienced Texas personal injury lawyers are dedicated to fighting for the compensation you deserve without adding financial stress during this challenging time.