Waco Drowning Lawyer
7215 Bosque Blvd #110
Waco, TX 76710-4020
Call (254) 615-0000
If a loved one passes because he or she was the victim of a drowning accident,
it can cause a lot of emotional pain and trauma. However, it may be possible
to hold the party or parties responsible for the accident financially
responsible for their negligence. Talking with a Waco drowning lawyer
can be the first step toward learning about your family's legal rights
and how to preserve them.
A Drowning Accident Attorney Will Attempt to Prove Negligence
In a drowning accident case, it is important that the plaintiff can prove
that negligence led to the accident occurring. An attorney will review
physical evidence as well as talk with witnesses to determine if there
were any dangerous conditions that could have been remedied prior to the
incident taking place.
For instance, if a homeowner failed to put a fence around his or her pool
or failed to remove a ladder to a pool, that may be considered negligent
behavior. A drowning accident lawyer may also look to see whether there
was proper supervision of any children using a pool with the knowledge
and consent of the pool owner.
If a drowning took place at a public pool at a public beach, the owner
of that pool or the government agency overseeing the beach may be held
liable. Negligence may be established if a life guard was not on duty
or if that life guard was not properly trained.
A Drowning Attorney May Pursue Partial Compensation If Available
If the evidence in your case shows that you may have been partially liable
for events that led up to a drowning death, you may still be entitled
to partial compensation. For instance, if you let your child wander into
the water when you knew that he or she couldn't swim, that could be
negligence on your part. The law states that you also have a duty of care
for your own actions or for those you are supposed to watch over.
However, just because you may be assigned partial liability doesn't
mean that you won't be compensated. A drowning accident attorney will
make sure that you are compensated fairly for your loved one's final
expenses, lost earnings and any medical bills incurred prior to passing.
As long as you are less than 50 percent liable for the drowning or any
other accident, you are entitled to collect a prorated share of whatever
damages a jury awards. You may also collect damages through a negotiated
settlement with the other parties involved in the case.
You Have Two Years to File a Drowning Accident Case
Typically, a drowning accident case will be tried as a wrongful death case.
Wrongful death cases fall under personal injury law, and in Texas, you
have two years to file a personal injury case. In addition to meeting
the time limit to file a case established by state law, you will also
need to make sure that you have standing to file the case.
Generally, you must be a direct family member of the person who died. For
instance, a parent may file a case on behalf of a child or a child may
file a case on behalf of a deceased parent. Siblings and grandparents
may also be allowed to file a wrongful death suit on behalf of someone
who died because of drowning.
Should I Settle My Waco Drowning Accident Case?
You may be wondering whether it is in your best interest to settle your
case or pursue a jury award after a formal trial. Settling a case may
be a good idea if the other side is willing to give you what you want
and doesn't want the case to go public. However, if the other side
is willing to fight a public battle or truly believes it did nothing wrong,
it may be harder to get a settlement that meets your needs or comes close
to what you deserve. It is important to note that you don't pay any
legal fees until after your case is resolved in your favor, which means
that you can afford to be patient if you think a better deal is available.
If you need a drowning accident lawyer to help you get justice for a loved
one, the Doan Law Firm is here to help. You can write to us or visit our
location at 7215 Bosque Blvd. Suite 110 Waco, Texas 76710 to schedule
a free consultation and review of your case. You may also choose to give
us a call at (254) 615-0000 to talk more about your case or what we can
do to help you with the legal process.