In California, being in, on, and around water is second nature to most residents and tourists alike. Between the miles of coastline on the Pacific Ocean, backyard swimming pools, water parks, and more, people often find themselves around the water year-round.
Unfortunately, this makes drowning and other aquatic accidents far more likely, and these tragedies often result in devastating injuries or untimely deaths.
Deldar Legal has successfully represented many clients throughout California who have suffered a drowning or aquatic accident and are here to help you get the compensation you deserve. Call the office or contact us today to schedule a free consultation of your case.
Drowning and Aquatic Accidents Take Many Forms
Drownings and other aquatic accidents can result in the serious injury or death of a victim and these types of accidents can take many forms. At Deldar Legal, the most common types of water-based accidents include the following:
- Swimming pool accidents
- Hot tub accidents
- Proximate drowning
- Beach accidents
- Waterborne illnesses
- Diving accidents
- Jet ski accidents
- Boating accidents
- Ship accidents, and others.
The type of accident and severity of the injuries could mean that you or a loved one is entitled to collect damages from those responsible for the accident. The knowledgeable personal injury attorneys at Deldar Legal understand how to navigate drowning and aquatic accident cases to get you the compensation you need for your injuries.
Injuries Caused by Drowning Accidents
Drowning incidents are often misunderstood as either survival or death. In reality, many victims survive but suffer serious, life-altering injuries due to a lack of oxygen to the brain.
Even a short period underwater can have lasting consequences.
Brain Injury from Oxygen Deprivation
When the brain is deprived of oxygen, even for a few minutes, it can lead to permanent damage. Victims may experience memory loss, cognitive impairment, or loss of motor function. In severe cases, this results in lifelong disability.
Respiratory Complications
Water inhalation can cause significant damage to the lungs, leading to breathing difficulties, infections, or long-term respiratory issues that require ongoing treatment.
Neurological and Physical Impairments
Some survivors face challenges with coordination, speech, and basic daily functions. These impairments can affect independence and quality of life.
Emotional and Psychological Trauma
Drowning incidents can be deeply traumatic, especially for children and families. Anxiety, fear of water, and post-traumatic stress are common and often overlooked.
Wrongful Death
Tragically, many drowning accidents result in loss of life. In these cases, families are left dealing with not only grief but also unexpected financial and emotional burdens.
How Do You Prove Negligence in a Drowning Case?
Drowning accidents are rarely “just accidents.” In many cases, they happen because someone failed to take reasonable steps to prevent harm.
To bring a successful claim, your legal team must prove negligence. This typically involves four key elements:
Duty of Care
The responsible party had a legal obligation to keep the area safe. For example, property owners, landlords, hotels, and pool operators must maintain safe conditions and take steps to prevent foreseeable risks.
Breach of Duty
This occurs when safety measures are ignored or inadequate. Examples include broken pool gates, lack of proper fencing, missing warning signs, or failing to provide supervision where required.
Causation
It must be shown that the unsafe condition directly led to the drowning or near-drowning incident. This is where evidence, expert analysis, and investigation become critical.
Damages
Finally, there must be measurable harm, whether physical injuries, medical costs, emotional trauma, or loss of life.
Drowning cases often involve detailed investigations, including safety records, maintenance logs, and witness accounts. At Deldar Legal, we take a thorough and strategic approach to uncover what went wrong and who should be held accountable.
Compensation for Drowning and Aquatic Accidents
Sadly, many instances of drowning and other aquatic accidents involve a victim who is a minor. When this situation arises, it often means that the victim will require extensive medical treatment and sometimes even a lifetime of care. Compensation for these types of accidents includes coverage of all special and general damages stemming from the injuries.
Special damages include compensation for all out-of-pocket medical expenses, property damage, lost wages, and loss of future income and benefits. Medical expenses include all transportation costs, hospitalization, medical procedures, medication, ongoing treatment, and future care and rehabilitation costs.
General damages include payment for all of the other losses associated with the accident, such as disability, loss of enjoyment of life, pain and suffering, and emotional distress.
In cases of fatal drowning and aquatic accidents, the family of the victim may also seek additional compensation in the form of a wrongful death lawsuit.
Damages for wrongful death include payment for all final medical bills, funeral costs, burial costs, and compensation for the loss of love, guidance, companionship, and comfort. Talk to a drowning and aquatic accident lawyer today for a more detailed evaluation of your claims.
Drowning Accident FAQs
Responsibility depends on the circumstances, but it often falls on property owners, landlords, hotels, or anyone responsible for maintaining pool safety. If proper precautions, such as secure fencing or supervision, were not in place, they may be held liable.
In some situations, yes. If a lifeguard was required or reasonably expected and none was present, this could be considered negligence. Whether you have a case depends on the location, safety requirements, and how the incident occurred.
Call or Contact Our Office Now
Accidents involving the water are always sudden and devastating. If you or a loved one has been injured in a drowning or other aquatic accident in California, the experienced attorneys at Deldar Legal are here to help. Call the office or contact us online to schedule an appointment today to review your case with an expert at our firm.