Unmaintained and poorly-managed swimming pools can lead to tragic accidents. People can slip, fall, get caught in defective drains, and drown.
Drowning is one of the most common accidents on water. Unfortunately, it can cause the victims and their families financial and emotional losses. To hold responsible parties liable, California law allows families to compel negligent people and agencies to compensate their losses.
That said, who is eligible to file these claims? What can they get for it? Here's what our California pool accident lawyers have to say about it:
How Families Can Collect Damages For Drowning Accidents In California
While no amount of money could equal the loss of life, these damages are meant to ease the surviving family's recovery from the tragic accident.
Can You Sue Someone For Causing Death In California?
Yes. Wrongful death is a civil claim where you can collect damages for negligent parties causing the death of a loved one.
Examples of negligent actions include (but are not limited to) the following:
- Failing to warn guests about potential dangers
- Not putting up the right signs and warnings
- Failing to address potential hazards like open wires, slippery surfaces, defective drains, etc.
- Not hiring lifeguards
- Not providing proper training to staff/management
So, if a loved one dies because the owner or responsible people cannot address hazards or ensure the safety of the pool, surviving family members can sue.
If your loved one passed away in a pool drowning accident, contact a California swimming pool accident lawyer.
Who Is Eligible To Sue For A Loved One's Drowning Accident?
The deceased victim's spouse, children, and grandchildren can file a wrongful death claim in California. This is also in the order of eligibility, where the spouse is the first who can file claims, then the children, and so on.
If none of the above are there to file claims, the victim's parents, siblings, or other family members may file a wrongful death lawsuit in California.
What Can Be Recovered In Cases Of Fatal Pool Drownings In California?
The amount of compensation in a successful wrongful death case is influenced by several factors. The final settlement amount in a California wrongful death case will account for the loved ones' financial and emotional suffering.
Damages in a California wrongful death case may include the following:
1. Medical expenses
Paramedics, ambulances, emergency rooms, hospitals, surgeries, physicians, and other healthcare providers are all involved in the care of your loved ones.
2. Pain & suffering
For their pain and suffering, loved ones may be entitled to financial compensation. Pain and suffering, however, are considered "non-economic" damages. It becomes tough to prove without a strong defense and a reputable California pool accident lawyer.
3. Death and burial expenses
The price of a burial or funeral can increase quickly and dramatically. You might, however, receive payment or reimbursement for these unforeseen costs.
4. Income loss and financial support
Families who lose a loved one experience emotional distress and frequent financial difficulties. Along with losing your loved one's portion of the family or combined income, you will also have to pay hefty medical and burial expenses.
5. Services lost due to a loved one's death
A loved one's absence also limits their ability to perform personal chores like parenting, child care, and housework, in addition to their financial contributions. These neglected services could mount up over time.
6. Loss consortiums and other types of losses
Losing a sense of belonging, comfort, affection, and friendships are also considered losses. That said, these types of intangible damages can be harder to prove. Consult your Los Angeles pool accident attorney on how to best approach the damages.
7. Punitive damages
In particularly egregious cases, judges might award damages to punish a defendant. This is to deter them and others from doing the same thing.
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1000Attorneys is a lawyer referral service agency certified by the State Bar. We only give clients referrals to prescreened California wrongful death attorneys, so you know you're getting referred to trusted, experienced, and fitting lawyers.
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