Losing someone to a drowning is a traumatic and emotional experience. The aftermath can feel overwhelming and leave you struggling emotionally and financially. During this hard time, you should not have to focus on the legal complexities of a wrongful death claim. There is help available from a personal injury lawyer who can work on your behalf to file a wrongful death claim against the hotel due to the hotel drowning that was not the victim’s fault. This article will outline the steps to filing a wrongful death claim and why a personal injury lawyer can lead you one step closer to getting the compensation you deserve.
What is a Wrongful Death Claim?
As long as you are able to prove that a death could have been prevented had the hotel been more vigilant, then you have the right to file a wrongful death claim. This is a civil lawsuit that can be filed by the family or dependents of a deceased person. The lawsuit can be filed against an individual or other entity responsible for the death because of negligent, reckless, intentional actions.
Who Can File a Wrongful Death Lawsuit?
A wrongful death lawsuit can be filed by the impacted parties, the exact procedure for which may vary from state to state.
Children and spouses can make a wrongful death claim across all states, as are parents of minor or unmarried children. In some states, other individuals/dependents may be able to make a claim, especially if they are financially impacted by the death. These could be:
- surviving partners;
- relatives, including siblings or grandparents;
- parents of a deceased fetus;
- the executor of the deceased’s will.
Common Causes of Hotel Drownings
There are several reasons why a drowning could take place on premises that allow access by the public which are:
- no lifeguards present or inadequate supervision;
- unsafe pool conditions caused by poor maintenance, slippery surfaces, or faulty equipment;
- limited safety measures present such as a lack of warning signs, barriers, or emergency equipment;
- inadequate staff training.
What to Do After a Hotel Drowning
If you were present when the death took place you should immediately contact emergency services and seek medical help. Once it has been established that a death has taken place you will need to do the following:
- Document the scene with photos, witness statements, and incident reports;
- Notify hotel management and authorities.
If you believe the hotel was negligent and the death was a family member or close friend, you will need to provide the evidence to prove it if you are considering filing a wrongful death claim.
Legal Options
You will need to prove the hotel had a duty of care by providing the swimming pool in a safe condition for patrons to use but in the case of the hotel drowning this duty of care was breached which led to the drowning. As long as you have sufficient evidence and you lost a loved one in the drowning you should be able to file a wrongful death lawsuit. A successful lawsuit could include compensation for the pain and suffering of the relatives left behind, funeral costs, loss of income if the loved one was a breadwinner, and loss of consortium if the loved one was a spouse. However, wrongful death lawsuits can be complicated, so seeking help from a wrongful death attorney can ease the burden at a difficult time.
Contact a Personal Injury Attorney
The PI attorney can help you with the following:
- help gather evidence and build your case;
- reduce stress and help manage paperwork;
- guide you through the legal process;
- understand the complexities of personal injury law and ensure your rights are protected;
- negotiate on your behalf to ensure a fair settlement;
- help avoid common mistakes such as missing a deadline.
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