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.
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