A family member may die in a drowning accident in Las Vegas due to no fault of their own. Following the death, an heir or personal representative of the deceased person (decedent) may be eligible to file a claim for compensation from any at-fault parties. To find out if you can submit a drowning death claim, contact a Las Vegas swimming pool accident lawyer.
At H&P Law, our Las Vegas drowning death injury lawyer helps you hold an at-fault party accountable for their negligence. We are available to discuss your case. To get started, reach out to us.
Drowning Death Causes
After a drowning fatality, you may be able to file a wrongful death claim. To determine if this is an option, connect with a Las Vegas personal injury lawyer.
According to research, an estimated 320,000 drowning deaths occur annually around the world. In addition, drowning is one of the top causes of unintentional injury death globally, making up 7% of all injury-related deaths. There are many reasons why people drown, such as:
- Failure to gate or cover a hot tub or swimming pool
- Poor lighting around a hot tub or pool
- Lack of safety equipment
- Slick surfaces
- Untrained or poorly trained lifeguards
After a drowning fatality, you may be able to file a wrongful death claim. To determine if this is an option, connect with the team at H&P Law. Contact us today to explore your legal options with our Las Vegas drowning death injury attorney.
Who Is Responsible for a Drowning Death
A drowning fatality lawsuit may be classified as a premises liability claim. For example, if a property owner invites a friend to enjoy time at their swimming pool, the owner is accountable if the invitee gets hurt or killed. If the invitee drowns, the owner may be required to pay damages as part of a premises liability claim.
Along with a property owner, a municipality or other parties may be held responsible for a drowning injury death. For instance, a lifeguard may choose to ignore their duties at a public swimming pool. If the lifeguard ignores someone who is drowning and this individual dies as a result, the guard can be held accountable.
A drowning death injury lawyer in Las Vegas can answer frequently asked questions and many others about liability. They can help you figure out who is at fault for a drowning death. Your attorney can also help you decide if now is the right time to submit a claim.
Who Can File a Drowning Death Injury Claim
If someone dies due to another party’s negligence, an heir or personal representative may be able to sue for damages, per Nevada Revised Statutes (NRS) §41.085. There are limitations on who can submit this claim. Examples of people linked to the decedent who may be eligible to request compensation as part of a wrongful death claim include:
- Parent
- Child
- Spouse or domestic partner
- Executor of their estate
A drowning death injury attorney in Las Vegas can determine your eligibility for seeking damages. If you are able to file a claim, your lawyer can help you do so. They can make sure your claim is submitted in accordance with Nevada’s statute of limitations.
How Much Time You Have to File a Las Vegas Drowning Death Claim
There is a two-year period of limitations for submitting a request for damages due to a wrongful death. This means you have up to two years from the date of a drowning fatality to ask for compensation from any at-fault parties. If you decide not to file a claim within this period, you lose the right to do so at a later time.
A Las Vegas drowning death lawyer understands Nevada’s statute of limitations. They do not wait to submit your claim. Plus, they can start building an argument to support your request for damages right away.
Select a Las Vegas drowning death attorney who has helped past clients get outstanding case results. This attorney helps you request the most compensation possible. They can also put you in the best position to secure a fair settlement.
How Much Your Drowning Death Case Is Worth
A drowning death can have a major impact on your emotional and financial well-being. As such, you can request damages that account for your quantifiable and subjective losses. Common reasons why damages are awarded in drowning death claims include:
- Lost income
- Loss of companionship
- Funeral and burial expenses
- Medical bills
Your attorney accounts for your immediate and long-term losses. This helps your lawyer calculate an adequate amount of damages. Your attorney then works with you to determine how to prove an at-fault party was liable to help you get this amount.
How to Prove Fault in a Drowning Death Accident Case
You are responsible for the burden of proof in your drowning death case. This requires you to show the four elements of negligence that were present when someone drowned. These elements are:
- Duty of Care: An at-fault party had a legal obligation toward others not to act recklessly or carelessly.
- Violation of a Duty of Care: The party breached their obligation and put people in danger.
- Causation: Because the party violated their duty of care, someone you know drowned.
- Damages: You are dealing with economic or non-economic losses as a result of the party’s actions.
Photos, videos, medical records, pay stubs, and other pieces of evidence may be used to support your request for compensation. Your attorney can discuss your evidence with you and help you establish a strong body of proof. If you overwhelm the defendant in your case with compelling evidence, you are well-equipped to secure a reasonable settlement.
How Comparative Negligence Applies to a Drowning Death Case
The defendant in your wrongful death case may do everything they can to avoid paying compensation. As part of their efforts, they may argue that someone was partly responsible for their drowning death. If they succeed, they may not have to pay the full amount of compensation you request or any damages at all.
In Nevada, comparative negligence applies, per NRS §41.141. As long as someone is not primarily responsible for their losses, they can recover damages in an injury or death lawsuit. Otherwise, if someone is predominantly accountable, no damages can be recovered.
As an example, an individual may be found to be 51% responsible for their drowning death. In this example, an heir or personal representative cannot receive any compensation. Comparatively, if this individual was 20% responsible, an heir or personal representative could get 80% of what they originally requested in their death lawsuit.
Hire a Drowning Death Lawyer in Las Vegas
The team at H&P Law has more than six decades of legal experience. Our drowning death attorney in Las Vegas is here to help you out in any way we can. To request a free and confidential consultation, contact us today.
