Updated: Nov 24
Learn What Requirements, Deadlines, And Damages In California Swimming Pool Wrongful Death Claims
For as much as they're a place for family getaways and vacations, swimming pools can be dangerous for several reasons. Anyone could slip, fall, drown, or get caught in defective drains. These accidents are often caused by unaddressed hazards caused by negligent owners and managers.
Any death resulting from someone else's carelessness, misconduct, wrongful act, or inactivity is considered a wrongful death.
For example, if a pool owner fails to warn guests of a potential hazard, they might be liable for deaths and injuries. Likewise, if a public pool owner knew of and did not address defective drains that cause accidents, then they could be compelled to pay the victim's (or their family's) damages.
That said, California wrongful death is a civil claim. Hence, there are requirements you need to meet and processes you have to go through to ensure a successful claim.
Here's what happens in a wrongful death claim, as experienced by prescreened Pool Accident Attorneys in California.
Is There A Deadline For Filing Wrongful Death Lawsuits In California?
In California, most claims for wrongful death must be filed within two years of the victim's death. Nevertheless, other statutes of limitations can be relevant in some situations.
A case against a government organization (such as a city, school district, or fire district) must be preceded by filing a California tort claim with a 180-day limitation period. If the plaintiff is a minor or has a mental disability, the statute of limitations may also be extended.
If you are considering bringing a wrongful death lawsuit, you should speak with an experienced California wrongful death attorney as soon as possible. Litigation of California wrongful death cases is sometimes complicated, so you need someone to ensure you meet the requirements, heed deadlines, submit the proper documents, and represent you in negotiations and in court.
Who Can File California Wrongful Death Cases For Swimming Pool Accidents?
In California, a victim's spouse is the most eligible to bring a wrongful death lawsuit, which is followed by the victim's children and the deceased grandchildren.
If none of the aforementioned scenarios apply, the victim's parents, siblings, or other family members may initiate a wrongful death lawsuit in California.
What Damages Are Recoverable In Swimming Pool Accident Wrongful Death Cases?
Several factors influence the amount of compensation in a successful wrongful death case. The final sum of compensation decided in a California wrongful death case will take both financial and emotional hardships experienced by loved ones.
In a wrongful death case, damages could consist of the following:
Medical costs. Associated with the care of your loved ones include paramedics, ambulance, emergency room, hospital, surgery, doctor, and other healthcare provider services.
Pain And Suffering. Loved ones may be entitled to monetary compensation for the pain and suffering they experienced. However, pain and suffering is a "non-economic" compensation. This makes it difficult to show without a solid defense and a top-rated wrongful death attorney in California.
Costs of death and burial. The cost of a burial or funeral can rise sharply and fast. However, you might be compensated or reimbursed for these unexpectedly high expenses.
Loss of income and financial assistance. When someone passes away, surviving families go through emotional pain and often run into financial problems. You'll incur significant medical and funeral costs in addition to losing the deceased loved one's share of the household or joint income.
Services lost. In addition to their financial contributions, a loved one's absence also prevents them from doing private tasks like parenting, child care, and housework. These missed services could accumulate over time.
Consortium loss and other forms of losses. In addition, you can be made whole for the various terrible losses you suffer in life. Losing community, comfort, affection, and friendships can also be considered losses.
Find A California Swimming Pool Accident Attorneys Near Me
1000Attorneys is a State Bar Certified lawyer referral service in California. We offer free case reviews to ensure clients are linked up with a Los Angeles Swimming Pool Accident Lawyer best fit to handle their unique claim.