When something as horrifying as drowning causes the death of your loved one, it’s normal to look for answers. It’s also normal to feel a variety of different emotions, including anger, sadness, and the need for justice. You want to hold someone accountable for this tragedy, and there’s a chance you can.
Who Is Responsible for Your Loved One’s Drowning?
Losing someone you love is bad enough, but when it is caused by someone’s negligence, the pain somehow becomes even worse. Fortunately, you may be able to file a wrongful death suit against the person who was negligent and caused the drowning.
- Drowning deaths in pools or swimming areas. A few different scenarios could result in a person’s death. For example, someone could have intentionally caused your loved one to drown by holding him under water or the like. Along with criminal charges, this person could also be sued for wrongful death. Additionally, a property owner whose negligence caused a drowning death may also be held responsible. If your attorney can prove that the owner didn’t keep up with maintenance or didn’t provide proper safety equipment and this caused the person to die, he may be found guilty of wrongful death. Lifeguards can also face wrongful death charges if their negligence, such as lack of action or even intoxication while on the job, contributed to a drowning death.
- Drowning deaths while boating. Drowning deaths are often the unfortunate results of boating and personal watercraft accidents. If the driver of the boat or Jet Ski was negligent and caused your loved one to drown, you may be able to file a wrongful death claim. Even if the victim is not in the boat, and is actually struck by a vehicle while in the water, the driver could be found negligent and guilty of wrongful death.
The owners of public pools, local swimming areas, spas, and similar venues are obligated to keep their premises in safe conditions before allowing the public to use their facilities. If they do not, they may be held responsible for injuries and deaths that occur.
For instance, some pool drains are dangerous and can hold swimmers, particularly those who are young and inexperienced, against them because of their strong suction. If the swimmers are held under water because they are unable to move away from the drain, they can drown. Drains with strong suction are also known to cause life-threatening injuries, including those that cause the intestines to come out of the body. If the pool owner knew about this danger and did nothing about it, or if the pool owner was supposed to replace this dangerous drain with another and failed to do so, he could be held liable for any deaths that occur as a result.
Damages You Can Seek
When a loved one dies, not only do you feel the emotional effects, you also experience financial loss. In addition to the medical bills that resulted because of the fatal injuries, you may find yourself going into debt because of the loss of a paycheck. Filing a wrongful death claim can help you recover some of those losses, including:
- The loss of the victim’s expected earnings
- The value of goods and services the victim would have provided
- The loss of inheritance because of the victim’s death
In addition to financial losses, you may also claim punitive damages that affect the well-being of you and your children. For instance, you may be able to claim:
- Damages for your pain, suffering, and mental anguish
- The loss of consortium provided by your deceased spouse
- The loss of guidance, care, nurturing, protection, and advice the victim would have provided
- The loss of companionship, society, and love from the victim
Building Your Wrongful Death Case
You want to honor your loved one and protect those who survived, and you can do that with a wrongful death claim. In order to win, you’ll need an experienced attorney who can gather the evidence that proves your loved one died as the result of negligence. The attorneys of Wayne Wright have helped many in the Austin area receive the compensation they deserved, and may be able to do the same for you. Make an appointment to speak with an attorney about your situation by calling 800-237-3334.