Personal Injury


Common Causes of Drowning


Posted By on Jun 16, 2017

Drowning is probably one of the worst accidents that can happen to you while in the water. The lack of oxygen and the inhalation of foreign particles from the water can result into various complications, including acute respiratory distress syndrome, aspiration pneumonia, and even permanent brain damage and death.

But how can a person drown? Below are some of the most common causes of drowning accidents.

Boating Accidents

Boating accidents may happen because of many reasons, such as boat operator recklessness or negligence, collision with foreign objects like corals, and natural events such as large waves and storms. Drowning from boating accidents usually happen because the boat has capsized or a boat passenger has been ejected into the water.

The accidents become worse if the boat operators do not provide safety gears, such as lifejackets.

Lifeguard Negligence

Some drowning events can be prevented if the area has enough competent lifeguards. But sadly, there are instances where there are not enough lifeguards on duty or the lifeguards on duty are acting in a way that make them fail to do their jobs properly.

According to the website of the Indianapolis personal injury attorneys of the Hankey Law Office, P.C., nearly 20% of drowning deaths involving children occur in swimming pools where one or more certified lifeguards are on duty.

Premises Liability

Speaking of swimming pools, owners should also be responsible to ensure their premises’ safety. Swimming pools should have fences to prevent accidental slipping and drowning. They should also be maintained to avoid defects in facilities and mold buildup. If the owners have failed to do these things and someone has been injured, they may be held accountable, because of the legal concept premises liability.

Swimmer Negligence or Recklessness

Boat operators, lifeguards, and swimming pool owners are not just the ones solely responsible for the safety of swimmers. Swimmers can get injured in an accident because of their own faults. The least they can do is to avoid reckless behaviors, such as swimming while intoxicated or speeding in a jet ski, and negligent behaviors, such as failing to supervise their children and disregarding warning signs.

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What Happens in Injury Cases


Posted By on May 25, 2016

Being in an accident can put anyone in a very delicate position. There are many things that can be affected after an accident, mainly physical, mental, and financial. The only recourse for victims to have relief that they can have is to file a personal injury claim against the party liable for the accident. Fortunately, civil law protects injury victims and allows them to seek compensation for all the damages that they have suffered. Regardless of whether the action was due to plain negligence or intentional disregard to the safety of others, they should be held accountable for all the damages that their actions has caused. The LaMarca Law Group, P.C. states online that an injury claim would legally entitle you to compensation and would likewise prevent similar incidents from occurring in the future.

According to numerous cases outlined on the website of the The Benton Law Firm, the great majority of personal injury claims lead to out of curt settlements. The negotiation will just be between the plaintiff and the defendant and would not require the help of a judge or jury. However, when it comes to determining the amount of compensation or settlement for the injury claim, both parties often consider how much the jury would grant to the plaintiff. The settlement would then depend on how much both parties would be able to compromise according to how much they believe the jury would reward if the case went to court.

The laws may vary depending on the jurisdiction in which your personal injury claim is being tried. There may be rules on apportioning liability among those involved in the accident, or they might follow other joint liability concepts that the state may impose. Likewise, state also have jurisdictional caps on the amount of compensation for the damages. The law firm of Karlin, Fleisher & Falkenberg, LLC may tell you that personal injury claims that involve medical malpractice may have a higher cap (or limit) for compensation or settlement compared to a simple “slip and fall” accident.

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