Since 1948, CCD Law has represented injury victims after drowning accidents in Spokane. While it doesn’t have as many water sources as other coastal cities in the Pacific Northwest, Spokane still has its fair share of lakes and other places where drowning can happen. If you or a loved one have been injured in a drowning or near-drowning, contact us today to set up a free consultation to talk about your legal options.
Do You Need Our Lawyers?
Like any injury claim, you don’t technically need a lawyer if you or someone you’re with has been in a drowning or near-drowning. Hopefully, the incident is only minor and won’t require legal action. But the reality is that drowning or even near-drowning is likely to be traumatic and cause serious injuries.
The more hurt or severe the incident, the more we can help you. Our experienced Spokane drowning accident lawyers can:
- Explain your legal options and rights
- Gather details and investigate the incident
- Help you compile records and evidence
- Guide you through the claims process, whether inside or outside of court
Generally, we just want to make things easier on you and your family. Dealing with injuries and the legal process by yourself can be overwhelming. We can help. We offer free initial consultations and work on a contingency-fee basis, meaning there’s no upfront cost to work with us.
Drowning Accident Damages in Spokane
There’s no denying that a drowning accident can be scary, whether you’re involved or simply witness one. What makes these accidents even more difficult is that they can happen anywhere there’s a water source. While this narrows it down quite a bit, there’s still a great deal of damage that can be done in these accidents. Most of the time, they happen at:
- Medical Lake
- Liberty Lake
- Silver Lake
- Long Lake
- Bonnie Lake
Many drownings or near-drownings result in significant injuries. Although each incident varies, some of the typical injuries include:
- Brain damage
- Respiratory issues
- Lung damage
- Cardiac complications
- Hypothermia
- Psychological damage
- Delayed drowning
- Fatal injuries
Damages in a Claim
In any drowning accident case, the extent of the injuries and other losses is going to play a big role in how the claim plays out. Though different, they both play a crucial role. As an injury victim in Spokane, you have the right to seek financial support for your losses, known legally as damages.
The process starts with filing an insurance claim, which might lead to legal action. You’ll go through the insurance process and then decide whether to pursue a lawsuit based on the settlement offer.
Regardless of your decision, you can potentially recover certain damages, like:
- Medical bills
- Lost income
- Property damage
- Pain and suffering
- Loss of enjoyment of life
- Wrongful death expenses
- Punitive damages for extreme negligence.
Remember, you must file your claim within three years of the accident to recover these damages. Missing this deadline means losing the chance to file a claim.
Liability in a Drowning Accident
Another key part of your case is figuring out who actually pays for your damage. In legal terms, this is known as “liability.”
Legally, when a drowning accident happens, it typically falls under premises liability, which is similar to other incidents happening on someone else’s property. Establishing liability in such cases can sometimes be challenging, but like any accident revolves around the concept of negligence. This involves showing that:
- The individual or entity (like a business) that is in charge of ensuring your safety failed in their duty, directly causing the accident and its resulting injuries.
Determining liability often rests upon various factors, and those commonly held responsible include:
- Property owners or managers, who are obligated to maintain a safe environment.
- Local or state government agencies responsible for overseeing the lake itself
- Private individuals, such as lifeguards or homeowners, who have a duty of care towards individuals under their supervision.
- Manufacturers of products or vehicles, if defects in these items played a role in the accident.
- Third-party contractors engaged in security or maintenance roles on the property.
It’s important to identify all responsible parties to pursue your claim effectively. But before that, respond promptly to the drowning accident to lay the groundwork for filing your claim.
How You Should Respond to a Drowning
Because it can happen so suddenly, it’s hard to know how to effectively respond during a drowning. At the same time, while you may not expect to have to deal with it, it’s fairly common around lakes. Some of these steps, then, are fairly obvious, but others might not be. Regardless, here’s what you should do:
- Call for help – First things first, protect your health. If you feel you’re in danger, call for help. Hopefully, there’s a lifeguard or trained person that can respond and give you aid. If you’re able, you should also call the authorities for emergency response.
- Get medical attention – Once an ambulance or other trained person is on the scene, get medical care to take care of any immediate injuries. After they get you stabilized, and you take care of these other steps, get further medical care at a doctor’s office or hospital.
- Report what happened – Report the incident to whoever’s in charge so they can take steps to fix the problem. If they don’t, it can help your case by showing their negligence.
- Gather details and evidence – Try to gather details about who’s in charge and how the accident actually happened. Take pictures of any hazards and keep records of your bills and communications.
How drowning can happen
Part of being prepared is understanding how these accidents happen. It’s sometimes simple: you or someone you’re with may not be a strong enough swimmer to stay above water. Other times, though, it’s the condition or oversight by the people in charge that puts you in harm’s way:
- Unsafe conditions – If conditions for swimming or boating are hazardous due to misplaced buoys or inadequate lifeguard presence, those responsible for safety could be at fault for accidents.
- Inadequate supervision – While it can be challenging, owners or managers must oversee everyone near water. However, drownings can occur due to insufficient supervision.
- Lack of warning about dangers – Sometimes, even lakes pose risks due to strong currents or hidden hazards. If those responsible fail to post sufficient warning signs, they may be liable if someone gets injured.
- Neglecting maintenance – Certain individuals or places must ensure that safety equipment, boats, and other gear are functioning properly. If equipment failure leads to a drowning, those in charge could be held responsible.
No matter what the cause is, taking the above steps is vital to your physical and legal recovery. At the same time, this can be a difficult situation. So, when you need it, turn to our team of experienced drowning accident lawyers for support.
Dedicated Spokane Lake Drowning Accident Lawyers
At CCD Law, we’re well aware that a fun outing at a lake can quickly turn into something more dangerous when there’s a drowning accident. Nobody wants to face this situation, but when it does happen, we’ll be there to help. We can guide you through the claims process and be there to support your recovery. Don’t wait–contact us today to set up a free consultation.
