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Serving Residents Throughout Hidalgo County and all of Texas. Mcallen, Alamo, Edinburg, Harlingen, Hidalgo Mission, Palmview, Pharr, San Juan, Weslaco

When You Need Legal Help After a Drowning Accident

If you or your child suffered injuries in a near-drowning accident, you may qualify for compensation. These types of cases require immediate legal assistance. While you may suspect someone is responsible, a successful claim demands substantial evidence—something our attorneys can help you identify.

Potential liable parties will include recreation centers, hotels, private pool owners, town pools, and swim schools. Our McAllen drowning accident lawyers can help you establish liability, build your case, and obtain compensation for your loss, injuries and damages.

Types Of Drowning Accidents We Represent

We represent clients who have been injured or lost a loved on in a wide variety of water related accidents.

  • Swimming Pools: Probably one of the most common accidents we see at pools are  slip-and-fall injuries, but we also see quite a few severe accidents occur, which lead to severe injuries, death and TBI. These accidents often occur due to inadequate safety measures.
  • Drowning Incidents: Drowning can happen anywhere there is water. From pools to public facilities we have been able to determine the negligent parties who failed to adhere to safety regulations.
  • Other Water-Related Injuries: We also represent many other types of cases related to water injuries, such as boating accidents, diving accidents, and incidents at water parks.

Common Causes of Drowning Accidents

When seeking compensation due to a water-related accident, the cause is important. Often there is a negligent party, and it is our duty to help you identify that entity or person. Most drowning and water related injuries and accidents fall into these categories:

Negligence Factors

  • Lack of proper supervision
  • Insufficient safety protocols

Maintenance Issues

  • Poor or negligent facility maintenance creating hazardous conditions

Regulatory Failures

  • Non-compliance with state and local safety standards

Specific Contributing Factors

  • Inadequately trained lifeguards
  • Pool overcrowding
  • Missing or misplaced emergency equipment
  • Poor water visibility
  • Unsecured facilities allowing unauthorized access
  • Substandard safety procedures
  • Faulty equipment

Understanding these factors is very important to seeking compensation.  Our legal team knows how to thoroughly investigates every detail of the accident, and  identify who was at fault for the injury, and how that injury could of been prevented.

What To Do If You’ve Been Injured

If you were injured, it’s important to take these steps for your health and the personal injury claim or lawsuit. Here are some steps you need to take immediately after an accident happens:

  1. Seek Medical Attention: Your health and safety are most important. Make sure you obtain medical care immediately, and keep detailed records of your treatment and any expenses.
  2. Document the Incident: Gather all evidence, which includes photographs, witness statements, and any reports that detail the circumstances of the accident. Documentation is critical to your case.
  3. Contact an Experienced Attorney: If you try to navigate this yourself, you will likely end up with a low ball offer or none at all. You need an attorney to help you build a case, go through the legal process, and understand what your claim is worth. They will also have the resources, experience and skill you ned to seek maximum and fair compensation.

How The Legal Process Works

  • Initial Consultation & Evaluation: We review your accident details, assess evidence, and develop legal strategies
  • Investigation & Evidence Collection: Our team examines maintenance records, safety protocols, and witness testimonies
  • Claim Filing: Once liability has been established, we will file a claim against the responsible parties. This will likely involve negotiations with insurance companies or taking the case to court if negotiations fail.
  • Negotiations & Court Proceedings: If a fair settlement cannot be reached, we are fully prepared to take your case to trial. Our trial attorney Ricardo A. Garcia has decades of experience presenting these types of cases at trial. He knows how to identify clear negligence has taken place, and fight for maximum compensation.

Critical Evidence We Collect

  • Scene photographs
  • Official police and EMS reports
  • Witness testimonies
  • Facility safety records and past incidents
  • Expert medical testimony
  • Lifeguard statements

Collecting Evidence and Documenting the Incident

The following evidence is key to retain or obtain if you are filling a claim or lawsuit due to an accident. A few examples of how we will investigate your accident are:

  • Photograph the Scene: Capture clear images of the area where the drowning occurred.
  • Secure Official Reports: Contact local law enforcement to document the incident, and obtain any police and EMS records.
  • Gather Witness Testimonies: Speak with anyone who witnessed the event and record their statements.
  • Investigate the Facility: Look into the safety measures of the location and review any past incidents related to drowning.
  • Consult Medical Experts: Obtain testimony from medical professionals involved in your treatment, as well as statements from on-duty lifeguards.

Forms Of Compensation You Can Recieve

Victims of swimming pool and drowning accidents are entitled to various forms of compensation, including:

  • Medical Expenses: Coverage for medical treatment, emergency treatment, surgeries, rehabilitation, and other various types of medical care.
  • Lost Wages: Reimbursement for lost income due to the injury and recovery, including loss off potential future earnings due to injuries.
  • Pain and Suffering: Texas law allows for compensation related to  physical pain, emotional distress, and reduced quality of life following your accident.
  • Other Damages: There are many examples, such as expenses for home modifications, transportation for medical visits, and out-of-pocket expenses resulting from the accident.

Who Pays Compensation?

In most cases, we will seek compensation from the party that was found liable for the accident. These parties can include:

  • Facility Owners or Operators: If negligence or failure to maintain safety standards caused your accident, the facility’s insurance or the owner/operator may be held responsible.
  • Insurance Companies: Usually, claims are settled through the liable party’s insurance policy, which can help us obtain compensation without a lengthy court battle.

Our team is skilled and experienced in negotiating with insurers and defending attorneys. We are here to fight and ensure the responsible party is held accountable for all your damages.

How A Drowning Accident Claim Is Valued

The value will depend upon multiple elements:

  • Incident Details: time and location of the accident, the clarity of safety signage, and IF a lifeguard was present.
  • Type of Facility: Different regulations apply to private and commercial pools, including apartment complexes, private homes, schools, or camps.
  • Insurance Coverage: Policy limits of the responsible facility or entity will determine the potential payout.
  • Emotional and Physical Damages: The impact on the victim’s quality of life, as well as the emotional distress suffered by family members, will be assessed.

A skilled attorney can help evaluate all these factors and advocate for full compensation for medical expenses, lost wages, pain and suffering, and other related damages.

You Can Depend On Our Lawfirm

Our representation covers everything from your first consultation to representation in court if your case requires trial and litigation. Expect the following if you chose our law firm to represent you:

  • Seasoned Representation: Our experienced attorneys are some of the most skilled in the state, and have decades of experience. They know how to present a compelling case, ensuring that every piece of evidence supports your claim.
  • Strategic Case Management: We will help you file claims, and negotiate with insurance companies. We handle every aspect of your case while you focus on recovering.
  • Expert Witnesses and Investigations: We have a network of industry experts, and a skilled team that knows how to thoroughly investigate your accident in order to establish fault and liability.

Frequently Asked Questions About Drowning Accidents

What should I do after a drowning accident?

After a drowning incident, you need to act quickly and:

  • Report the incident to local law enforcement or the appropriate agencies.
  • Notify management at the facility—whether it’s a hotel, apartment complex, camp, or any other facility.
  • Consult an experienced personal injury attorney that specializes in water-related accidents. This attorney will ensure evidence is preserved, and document details such as water levels, safety markings, and the presence of lifeguards. Including video reviews and expert analysis wherever it is needed.

How do I pick the right attorney for a drowning accident claim?

You want to find a personal injury attorney with experience and skill handling these types of cases. Ask yourself these questions when selecting an attorney:

  • Are they a personal injury attorney?
    Does the attorney exclusively practice personal injury law rather than handling a mix of legal areas.
  • Do they have trial experience?
    Make sure your lawyer has a successful history of going to court and representing similar cases before judges and juries. You need more than experience, you want someone that is a skilled trial attorney.
  • What is their track record? Look at their history in similar cases, and check if the lawyer is board-certified in personal injury law—a designation earned by the top 3% of practitioners.

How long does a drowning accident claim take?

The duration of a drowning accident claim can vary based on many factors:

  • Involved Parties: The willingness of the responsible party to settle quickly versus wanting to prolonging negotiations.
  • Circumstances of the Incident:  Were the lifeguards present, the availability of surveillance footage, and safety measures can affect time.
  • Prior Incidents: A history of similar accidents at the facility can lead to faster resolution compared to a site that has not had any incidents.

Our McAllen Drowning Accident Lawyers Today

If you or someone you love was seriously injured in a drowning accident, we want to help you pursue full and fair compensation. We keep your best interests in mind when going up against the insurance company who only concerns themselves with their bottom line. Call our McAllen drowning accident lawyers today to set up a free consultation to go over your case and see what the next best legal step is for you. We will guide you through your case.

Our Mcallen Law Office Location

Mcallen Office

Address:

820 South Main St., McAllen, Texas 78501

Phone:
(956) 630-2882

Fax:
(956) 630-2882

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