Drowning is the leading cause of death for children under the age of 5 in the United States. Studies have shown that children exposed to water can develop permanent brain damage or even die from drowning.
However, a wrongful death by drowning claim is only pressed if certain elements or factors are met. In this article, we take a look at some of the elements of a wrongful death by drowning claim. We also look at safety tips to follow inside a swimming pool so that people are aware of the repercussions and prioritize their safety.
Elements of a Wrongful Death by Drowning Claim
When a person drowns, it can be hard to know what to do about it. It’s important to understand the elements leading to wrongful death by drowning and how they can affect your case.
A wrongful death claim involving drowning typically includes the following elements:
- Duty of care: The defendant (e.g. a property owner, lifeguard, etc.) had a duty to take reasonable steps to prevent the drowning.
- Breach of duty: The defendant failed to fulfill their duty of care, resulting in death.
- Causation: The defendant’s breach of duty directly caused the victim’s death by drowning.
- Damages: The victim’s family has suffered financial and emotional losses as a result of the death.
Additionally, in some jurisdictions, the burden of proof would be on the Plaintiff to prove that the death was wrongful as a result of the Defendant’s negligence and not due to any other cause.
Filing a Wrongful Death by Drowning Case
A wrongful death by drowning claim is made when a person dies as a result of the negligence of another party. In this case, the deceased’s family members can file a lawsuit against the party responsible for their loved one’s death.
A wrongful death by drowning claim may be filed in two different ways: first-party and third-party. First-party claims are filed by someone who was directly involved in the incident that led to the drowning; third-party claims are filed by someone who was not involved in any way with the incident but is still seeking compensation because they lost a loved one due to someone else’s negligence.
If you have lost someone due to wrongful death by drowning, you may be eligible for compensation from any number of parties involved in your loved one’s death. The following elements must be present before you can file a successful claim:
- You must prove that there was negligence on behalf of another party;
- You must prove that your loved one died as a result of this negligence;
- You must prove how much money it will take for you and your family members to recover from this loss
You should contact the knowledgeable accident lawyers at the Bourassa Law Group as soon as possible after a Nevada swimming pool accident. They can help you establish responsibility for the damages. Call us at (800)870-8910 for a free consultation!
3 Types of Wrongful Death Cases You Should Know About
Death is a tragic experience. But it can become extremely traumatic when you lose a loved one unexpectedly at the expense of someone else’s negligence. Knowing your rights and ways to seek justice for your loved one is important in such a situation. And this is where an experienced wrongful death attorney in Nevada can […]
4 Instances Where You Can Sue Your Employer In Colorado
All employees in Colorado having trouble with their employers can sue them. Are you feeling mistreated at work? Have you exhausted all options to resolve a workplace issue and feel like your only recourse is to take legal action against your employer? If so, you’re not alone. However, not every situation is where you can […]
4 Leading Causes of Car Accidents in California
California is home to some of the busiest highways in the country, with millions of drivers hitting the roads every day. Unfortunately, car accidents are all too common on California roads and can result in serious injuries, property damage, and even fatalities. In this article, the car accident lawyers explore the leading causes of car accidents […]
6 Common Types of Wrongful Death Cases in Nevada and How to File a Lawsuit for Them
In Nevada, wrongful death occurs when someone dies due to another person’s negligence or intentional act. When this happens, the surviving family members may be able to bring a claim against the responsible party to seek compensation for their loss. But it is important to understand the different types of wrongful death cases in Nevada […]
7 Reasons to Hire a Drowning Accident Lawyer in Nevada
Typically, anyone can lose their life in a drowning accident while swimming in a pool or boating in the lake. It takes a few seconds to slip and fall into the water, but the consequences can be long-lasting. Drowning accidents are one of the most common causes of death in Nevada. These can also lead […]
7 Steps to Take After a Motorcycle Accident
Although there are precautions you may take to avoid a motorbike accident, accidents can still happen to even the most cautious drivers. NHTSA estimates that only 5% of drivers are motorcycle riders. However, studies reveal that fatal motorbike accidents occurred 27 times more frequently than incidents involving passengers in cars in 2017. Consequently, it’s crucial to […]