Drowning accidents deprive victims of life and families of the companionship and support of a loved one. When a victim survives, most sustain catastrophic injuries that completely change their lives. They are left to depend on their loved ones for support and need continuous medical treatment or therapy to live a better quality of life. In most of these accidents, someone other than the victim is legally responsible.
This means that you can pursue compensation if you or someone you love is injured or killed in a drowning accident. A skilled personal injury attorney can provide the guidance you need to file a strong claim against the responsible party. An attorney can also help you navigate all legal processes successfully and defend your rights.
What Constitutes a Drowning Accident for Nevada Personal Injury Lawsuits?
If you lose a loved one or you are injured in a drowning accident, you can pursue compensation for your damages if someone else is liable for your injuries. However, you must build a strong case against the liable party for a civil court to grant your damages. This starts by demonstrating that you or your loved one was involved in a drowning accident.
According to Nevada personal injury laws, drowning happens when a person suffocates and dies or is seriously injured when their lungs become filled with water or other substances. It is one of the leading causes of unintentional injury deaths in the country today. Drowning accidents can happen at home in a residential pool, or in public, in a public swimming pool or lake.
Anyone can be injured or killed in a drowning accident, regardless of their age or gender.
When a drowning accident occurs, an investigation into its cause is critical to determine who is liable. The victim or another person can be liable, depending on the actual cause of the accident. If another party is liable, like the pool owner, pool builder, or pool maintenance company, the victim or the victim’s immediate family can file for compensation for their damages.
Personal injury cases in Las Vegas are very complex. However, you can navigate the legal system successfully with the help of an experienced attorney.
Establishing Liability in a Drowning Accident
When a drowning accident happens, the first thing you should establish is liability, especially if you want to pursue compensation for your damages. You can pursue compensation if you are injured or lose a close family member in the accident. Establishing liability helps you determine the party against whom you should file a claim in a civil court.
There are many possible liable parties in a drowning accident in Las Vegas. This can be confusing, especially if you do not know who is actually to blame for the accident that caused your injuries. The victim may be partially or fully liable for their injuries if they contributed to the accident. Another party could have negligently caused the accident that resulted in your injury or loss.
Establishing liability must be carefully done, with the help of a skilled attorney, as this forms the foundation of your personal injury claim. According to Nevada personal injury laws, you must prove that the liable party was negligent enough to cause the accident in which you were injured or suffered a loss. To prove their negligence, you must determine their legal duty of care and explain how they neglected that duty of care. Thus, negligence is the primary ground for drowning accident lawsuits.
The following are possible liable parties you should consider when building your personal injury case:
Resort or Commercial Property Owner
If a drowning accident happens in a casino, resort, or hotel, the possible liable party, in this case, can be the property owner. This is because property owners have a legal duty to ensure that their facilities are safe for use by all authorized persons. They have a responsibility to protect their guests from all kinds of harm. Their pools must be well-maintained, and all slip hazards must be taken care of, for the revelers’ safety.
Commercial property owners must also have proper security personnel and lifeguards on standby to ensure customers' safety. If a drowning accident occurred because there was no lifeguard in sight to help the victim, the property owner will be responsible for the damages from the accident. If there was a lifeguard, but they lacked proper training, the property owner would be responsible for your damages.
Homeowners or Landlords
You can file for compensation against a homeowner or landlord if a drowning accident happens in a residential or rental property. The homeowner or landlord is responsible for your damages if they failed to properly maintain the pool where the accident occurred. Nevada premises liability laws require private owners to maintain a safe environment. If there are safety hazards in or around a swimming pool, the owner is responsible if a drowning accident happens.
Pool Maintenance Contractors
Most commercial property owners hire independent contractors to maintain some of their facilities, including swimming pools. These companies are responsible for maintaining pools, cleaning nd ensuring user safety. If a drowning accident happens in a public pool, and a third-party contractor maintains the facility, the contractor is responsible for the resulting damages.
Property managers or HOAs can also be held responsible for drowning accidents if they are responsible for keeping community pools safe.
Pool Builders or manufacturers
A pool builder can be held responsible for a drowning accident if the cause of the accident is traced back to them. The pool builder or manufacturer may have made mistakes during construction or neglected to include critical equipment or safety features that could have prevented an accident. In this case, you will file for compensation under the product liability laws.
Fellow Swimmers
Remember that liability in a drowning accident is determined according to the cause of the accident. A fellow swimmer or reveler can be held responsible if their behavior partly or fully contributed to the accident that caused your injuries or a victim’s death. For example, a fellow swimmer may have intentionally or recklessly pushed you into the pool or restrained you in the water, leading to drowning.
A Party Host
If a drowning accident occurs at a party, the host may be partially or fully held responsible if they are to blame. This can happen in case the party host ignored safety rules, served excess alcohol or drugs, or failed to supervise their guests.
Damages You Can Recover in a Las Vegas Drowning Accident Lawsuit
A drowning accident can result in all kinds of personal damages and financial losses. It helps to familiarize yourself with the economic and non-economic damages so that you can include your exact damages in your claim for compensation. A skilled personal injury attorney can help with this. They will help you determine how the drowning accident affected you and the kinds of damages you can recover from the liable party. An attorney will also help you file a complete claim with the civil court.
Depending on the kind of accident you were involved in, you can file for the following damages:
Economic Damages
These include damages in which you have incurred a direct financial loss. You can file for these damages if you were injured in a near-drowning accident. They include the following:
- Medical costs
This entails all the money you have spent seeking treatment after the accident. They may include hospital consultation fees, transportation costs to and from the hospital, hospitalization costs, the cost of all medications you have taken, including over-the-counter medications, and any specialized treatment you may have received due to your injuries. Your medical costs will also include any expenses you expect to incur in the future related to your treatment needs. These include costs of rehabilitation and therapy.
- Lost Earning Capacity
If you sustained a catastrophic injury in the drowning accident, you could file for damages for your lost earning capacity. You can include this damage if you are no longer able to engage in gainful work after the accident.
You can also claim this damage if you lost a loved one in a drowning accident, because they are no longer able to work and earn a living.
- Lost Wage
Compensation for lost wages covers all the money you could have earned while you were recovering from your injury. You calculate this according to the amount of money you earn daily. The amount is multiplied by the number of days you took off work to recover from your injury.
- Attorney Fees
The fees for a personal injury attorney in Las Vegas are generally high. This could deter you from pursuing the matter to recover the compensation you deserve after a devastating drowning accident. However, you can include attorney fees in your claim to ensure that the liable party also compensates you for the same. This way, you will not have to incur extra charges after suffering serious injuries or a severe loss of a loved one in the accident.
Non-Economic Damages
These are losses that do not involve a direct financial loss. They are very important in personal injury cases, and could include the following:
- Pain and suffering
- Mental anguish
- Loss of life enjoyment
- Loss of consortium or companionship
Wrongful Death Claims
If a loved one dies in a drowning accident that is another party’s fault, a skilled attorney can help you file a wrongful death claim in a civil court. A wrongful death claim will help you recover all the losses you have incurred after the death of your loved one. The compensation you recover from such a claim will help you pay for their funeral and burial. You can also recover enough compensation if the deceased had dependents who will likely suffer because of the death.
Punitive Damages
You could recover punitive damages if you, with the help of your attorney, can prove that the liable party was grossly negligent in causing your damages. Although civil courts do not always award punitive damages, the judge can award them to you if there was proof of criminal or gross negligence. The compensation you recover in this case will supplement all the damages you have included in your claim to ensure that the liable party will compensate you for all your losses.
The Process of Filing a Drowning Accident Lawsuit in Las Vegas
The filing process is critical, as it can determine whether the civil court will grant or deny your claim. Understanding the processes involved makes it easier for you to prepare well in advance of the set deadlines. Additionally, it makes the process smooth for you and improves your chances of receiving the compensation you deserve. Filing a drowning accident lawsuit involves the following critical steps:
Documenting the Accident Scene
Evidence is very important when filing a personal injury or wrongful death lawsuit. It strengthens your claim and improves your chances of winning. Adhering to compelling evidence starts from the time of the accident. If you are present when a loved one’s drowning accident happens, take pictures of the accident scene. This will help the police and your attorney understand exactly what happened during and after the accident. The pictures should include pictures of the exact place where the victim drowned, any items around the accident scene, and also pictures of any defective equipment around or in the pool.
Documenting the accident scene also involves writing down everything you can remember about the day, the moments before the accident, how the accident happened, and what happened after.
If you are the victim and are unable to do this, you can ask someone to help you gather evidence. Include as many details as possible, even what you feel is not relevant to the case. The police and your attorney will determine what to use and what to exclude when building a case against the responsible party.
Sek Medical Treatment
If you or a loved one is injured in a drowning accident, it is important to seek immediate medical treatment. Call an ambulance, or have someone call an ambulance to rush you to an emergency room. From there, pursue treatment for all your injuries. This will help prove your claim against the liable party.
If you neglect medical care, it will be difficult to convince the court that you were injured in the accident.
Contact a Personal Injury Attorney
There are many benefits of involving a personal injury attorney after a drowning accident. A skilled attorney will review your case to advise on whether to pursue compensation against the liable party. Your attorney will also gather more compelling evidence that could help your case. They will investigate the accident to establish liability and determine your damages. An attorney can take over the case while you recover from your damages or mourn the loss of your loved one. They will take the burden off your shoulders so you can focus on other critical issues.
An attorney will also ensure that you receive proper medical treatment for your injuries. They will deal with business people and insurance companies on your behalf to protect you against incriminating yourself.
Prepare and File Your Claim
The statute of limitations for personal injury cases in Nevada is two years. This is the timeline you must follow when building your claim and filing it in court. Within that time, you must gather relevant evidence, prepare all the documents needed, determine your damages, and identify the liable party. An experienced attorney will work within this timeline to ensure your case is filed on time.
Defend Your Claim in Court
Once the filing is done, a civil court will hold a hearing to hear and determine your case. The liable party will also attend the hearing and will be allowed to defend themselves against your claim. Your attorney will act as your legal representative in this hearing. They will present the claim to the court, your evidence, and call in witnesses to give testimonies in your favor. They will also cross-examine the liable party and any witnesses they bring to the court to strengthen your case.
If the evidence in your favor is compelling, the court will grant your claim. This means that the liable party will be held responsible for all your damages.
Find a Skilled Personal Injury Attorney Near Me
Have you, or someone you love, been injured or lost their life in a drowning accident in Las Vegas?
You could be liable for compensation if the accident were another person’s fault. A skilled attorney can help you establish fault, determine your damages, and file a strong claim in court. They will also defend your rights and ensure you navigate all court processes with ease.
Our competent attorneys at Las Vegas Personal Injury Attorney are always ready to help with such cases. We have extensive experience handling all kinds of drowning accidents. We can use our skills and experience to build a strong claim that will help you recover all your damages from the responsible party. Call us at 702-996-1224 to discuss your case and our services further.
