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Find Out if You Have a Wrongful Death Case in a Drowning Case

Losing a loved one in a drowning accident is one of the worst things that can happen to a person or to a family. Those left behind by this type of tragedy often feel as though they must take some sort of action. They have a hard time coming to terms with the nature of the accident and they feel that someone must be held accountable.

In some cases, there may be grounds for a wrongful death case – it all depends on the specifics of the case. To learn more about what situations may qualify as wrongful death cases, read on and then reach out to Law Offices of Fernando D. Vargas at 909-982-0707. We are here to provide you a free case evaluation in which we go over the details of your case and advise you on your options to move forward.

There must have been careless or negligent behavior

In order to be able to seek compensation for a drowning accident, someone must be at fault for the accident. This means that they must have been either negligent or reckless. Keep in mind that this doesn’t refer to careless or negligent behavior on the part of the person who drowned. Instead, it must be a person or company, such as the owner of the pool who didn’t properly ensure the safety of their pool grounds, or another person who was responsible for the safety at the pool.

Examples of potentially negligent parties

For example, if there was a lifeguard on duty the day of the drowning and they didn’t attempt to save the victim then it’s possible they can be held responsible for the death of the victim. Another example is a pool owner who doesn’t maintain the pool properly. If their lack of appropriate maintenance led directly to the death, then they may be held accountable.

You’ll note from these examples that it’s not necessary for a person to have taken a direct action that caused the death – in many cases it’s actually the lack of action that leads to the death. The lifeguard not taking proper steps to save the victim is a perfect example.

Look at the root cause to determine if you have a case

At the end of the day, what you’ll need to ask yourself is this: What was the root cause of the death? Was it because someone who didn’t know how to swim was swimming, or was it because a lifeguard wasn’t doing their job, or the owner of a pool had slick surfaces that weren’t labeled as slick?

If you’re not 100% of what the legal root cause was, or you want to see if you have a case, reach out to Law Offices of Fernando D. Vargas at 909-982-0707. We’re happy to provide a free case evaluation. In this evaluation, we can listen to your side of the story and offer our best advice on how you can move forward. If we decide to work together, we’ll take your case on a contingency so that you won’t owe us a penny until you get paid for your lawsuit.