How Our Empathetic Attorneys Help You After Your Child’s Drowning Death in South Carolina
Losing a child in a drowning accident is an unimaginable tragedy. Understandably, grieving parents can feel overwhelmed about what to do next. Amid such profound sorrow and confusion, skilled counsel from experienced drowning injury lawyers is invaluable. Christopher Pracht and the adept team at Pracht Injury Lawyers offer compassionate guidance to South Carolina families during difficult times like these. Knowing where to turn provides a sense of direction during the tumultuous aftermath of such a heartbreaking loss.
Get the Full Support You Need During This Challenging Time
You’re likely experiencing powerful emotions in the wake of such tragedy. It can be hard to think straight when you are grieving the unfortunate loss of your child. As you seek emotional support from family, friends, and loved ones, it’s equally important to secure legal support from skilled attorneys with experience handling drowning death cases.
The unfortunate reality is that drowning deaths are too common in South Carolina. Indeed, the Centers for Disease Control (CDC) report that drownings are the second most common cause of death among children aged one to four, second only to deaths related to birth defects. That’s a startling statistic, given that drowning deaths are often preventable. Part of coping with the loss calls for discussing your family’s legal rights with a wrongful death lawyer like our firm’s Christopher Pracht. We can help your family make informed decisions and hold at-fault parties accountable. There’s no upfront cost for this legal consultation.
Navigating Legal Concerns of a Child’s Drowning Death
It’s vital to protect your family’s legal rights if your child dies in a drowning incident. Our South Carolina lawyers can help in many ways. We completely understand that no amount of money will get your child back or truly compensate you for your loss. But, we’ll fight for everything your family rightfully deserves following such a tragic accident.
Investigating the Facts of the Drowning Incident
Your family has a legal right to look into exactly what happened. This includes not only determining liability when young people drown but also figuring out why it occurred. Your attorney conducts a thorough investigation to uncover the facts of the incident. They’ll review evidence such as maintenance records, communications, security camera footage, and more.
Identifying Legally Liable Parties
Determining who is to blame for the fatal incident isn’t always obvious. With drowning accidents at South Carolina hotels and resorts, several liable parties may be held accountable. It depends on the specifics of the situation. It could be hotel management, a supervisor, the lifeguard on duty, the resort owner, a construction company, or other entities.
Even if the hotel puts up a sign that reads, “No Lifeguard on Duty,” it may still be legally liable for drowning incidents. Conditions might point toward negligent behavior or a failure to create a safe environment for all guests to enjoy the pool. There might also be certain homeowner stipulations for drownings in private pools. Your lawyer will look into all these aspects for you.
Advocating for the Rights of the Departed
South Carolina Code of Laws § 15-51-10 specifies who speaks for the deceased in a wrongful death case. The top priority goes to the person named in the last will and testament. Next in line is the person’s spouse. Often, minors don’t yet have wills—and are obviously unmarried. Most commonly, the child’s parents file the wrongful death lawsuit on their behalf.
Speaking on Your Behalf With Insurance Companies
With emotions running high, grief-stricken parents can often be victimized by insurers who seek to minimize or deny claims. It’s important to communicate with calm and cool minds. Your lawyer approaches these discussions logically and ensures your full legal rights are protected. Don’t let insurance adjusters take advantage of the heartbreaking situation.
Filing the Correct Claim After a Drowning Incident
Not all fatal drowning accidents are eligible for every type of claim. The knowledgeable team at Pracht Injury Lawyers will explain your legal options so you can decide how to proceed. Families typically file wrongful death and survival action cases at the same time. In the case of a child’s fatal drowning at pools and resorts, the lawsuit typically relates to premises liability. This refers to a property owner’s legal obligation to provide safe premises for guests to enjoy.
Countering Possible Defenses to a Wrongful Death Claim
The defendant may try to avoid blame in many ways. They may say the victim was partially or wholly at fault for the incident. For example, they may argue that the person assumed the risk by swimming, but this may not apply to the drowning death of a child. Similarly, our lawyers can scrutinize any liability waiver forms you may have signed before the accident. A waiver signed by a minor may not be enforceable.
Calculating Fair Compensation for Damages
A fair settlement for a drowning death accounts for more than just current economic damages. It also evaluates future potential and expected costs, and both financial and non-financial losses. With the death of a child, lost wages and earning potential may be more difficult to pursue. But, families may be eligible to seek compensation for their pain and suffering, as well as cover the fees of grief counseling. Your attorney will work with you to decide on an appropriate figure for the legal action.
Pracht Injury Lawyers Will Pursue the Rightful Justice Your Family Deserves
The unfortunate, preventable death of a young one is an immeasurable tragedy. Moving on is never easy, but the guidance of a skilled lawyer can help light the way. Discussing legal options for pursuing justice and compensation helps provide closure to grieving families. Learn about your legal rights after a fatal drowning by booking your free consultation with a member of our firm today.
