Ylla|Gosney Attorneys at Law represents families who have lost loved ones in tragic drowning accidents. We help those left behind demand support from careless pool operators and government departments who contribute to unsafe conditions around any lake or river. Our skilled and compassionate Oklahoma City attorneys provide free and confidential case consultations to all family members. Contact us today to make sure you stay informed of every benefit available to your family.
Does My Family Need a Lawyer After a Drowning Accident?
An Oklahoma City drowning accident lawyer can be an important safeguard for families trying to seek justice for a loved one’s death.
Parties contributing to the hazards that lead to tragic drownings are liable for their negligence. Those at fault should provide for the needs of families and for the financial burdens that follow. However, property owners, business owners, and government departments will do anything they can to escape blame. They’ll have lawyers and insurance adjusters working on their behalf trying to pin the blame on the victim.
Your Ylla|Gosney lawyer protects your family from these unfair and disrespectful tactics. Your lawyer fully investigates what happened and then uses the evidence to force property owners and park operators to provide substantial help to your family. This money can be used to pay funeral costs, to cover leftover medical bills, and to replace the income the victim may have provided each week for the family.
What Kinds of Drowning Dangers Are Found Around Oklahoma City?
Plenty of local families look to beat the Oklahoma summer heat by hopping in a city pool or by pulling up to a nearby creek, river, or lake. The Oklahoma City Parks and Rec Department operates several aquatic centers and pools such as Woodson Pool and The Earlywine Family Aquatic Center.
There are also beautiful parks along the Oklahoma River through downtown and out at Lake Thunderbird State Park. People might wade into the water, rent a paddleboard, or do some boating. These are great natural resources to enjoy, but anyone using the water must be cautious of drowning hazards.
Mother nature can create dangerous conditions for swimmers, but the owners and operators of these locations are still responsible for doing everything they can to reduce drowning risks. Property owners and parks and rec staff must show a “duty of care” to keep swimmers and boaters safe. Individuals, businesses, and government entities may even be liable for drownings and near-drownings when they don’t do enough to prevent people, especially curious young children, from accessing dangerous stretches of water.
Owners and operators can be held financially responsible for these and other acts of negligence:
- Failure to provide lifeguards
- Failure to provide proper training for lifeguards and staff
- Failure to provide proper safety devices and lifejackets around pools and for boat rentals
- Failure to prevent overcrowding in pools
- Failure to complete maintenance on city pools and pools at hotels, resorts, and waterparks to prevent hazards
- Failure to clear slip-and-fall and trip-and-fall hazards around pools and docks
- Failure to install proper barriers and fencing around unattended pools and private pools
- Failure to post warning signs about depth changes, steep banks, underwater obstacles, and other hazards around lakes, rivers, and retention ponds
- Failure to post “no swimming” signs
- Failure to protect swimmers from reckless boaters on lakes and rivers
The State of Oklahoma has laws that force private pool owners to put fencing or barriers around pools. There are also rules to prevent drain suction issues that could hold a victim underwater.
Protecting Families After a Drowning Tragedy
When owners and operators fail in their duty to follow these rules and laws, and simple common sense, and someone is hurt or killed, they must be held responsible. At Ylla|Gosney, we get aggressive on behalf of a grieving family and seek the support they’ll need for the future.
We feel it’s our duty to protect a family as much as possible after a tragedy and provide as little disruption as possible. Our skilled lawyers want to handle the frustrating wrongful death claims process for you, allowing your family as much time as possible to grieve in peace.
Who Can My Family Hold Liable for a Drowning?
Families are empowered to file wrongful death claims against anyone who contributed to the cause of a drowning. One of the first steps will be to identify every party that was at fault for what happened.
Your Ylla|Gosney family representative assists you in determining who was at fault because in some cases, families will need to file claims against multiple entities. Holding several parties accountable can make it more likely that a family can recover the full support they’ll need to protect themselves from financial harm in the future.
These are just a few of the individuals and entities that could be liable after an Oklahoma City drowning:
- A property owner or homeowner with a pool or with land containing access to a body of water
- A Property Management Company that provides an unsafe pool at an apartment complex
- Resort owners and water park owners
- An HOA liable for a pool or lake in a neighborhood
- Business owners such as boat and paddleboard rental companies who put their customers and other swimmers in danger
- City, County, or Federal Government agencies that oversee public pools and bodies of water.
In some cases, it’s your local government, such as Oklahoma City officials, who bear the blame for the loss of life. State parks departments and federal agencies might also be liable when lakes are the scene of a tragedy. The US Army Corps of Engineers (the Federal Government) is responsible for the operation of some lakes such as Lake Texoma.
If a drowning lawsuit involves a government agency, families should be aware that claims filed against these entities can be much more complex. Government departments usually enjoy protection against litigation. Families may have to seek permission, simply to be allowed to file a lawsuit.
The statute of limitations on cases involving the government is also usually much shorter than in a normal case. Families may only have a few months to file a claim against a governmental department or forfeit their ability to file a claim. A skilled Oklahoma City drowning lawyer can help you meet these deadlines and hold a government agency fully accountable.
Compensation for Families After a Drowning Tragedy
Families will need to act to protect themselves from the financial burdens that arise after a sudden death. Taking action can start with discussing your case with an Oklahoma City wrongful death lawyer. It’s the best way to learn how to protect your family in the future.
Your attorney would demand support for the hardships families endure in the days after death and the years ahead. Families should also receive financial consideration for the hardships victims are put through before they die if they don’t pass away immediately.
Your lawyer would seek support for the emotional and financial damages the family suffered as well as the hardships suffered by the victim:
- Support for leftover medical expenses and ambulance fees
- Money to pay funeral and burial expenses
- Support for the emotional trauma family members must cope with
- Support for the loss of guidance and love the family can no longer draw from in the future
- Support for a spouse’s loss of consortium (the loss of intimacy with a spouse)
- Support for the loss of companionship for the children and parents of the victim
- The physical pain and mental suffering the victim experienced before death
- The loss of financial support the deceased’s income would have provided in the years to come
- Parents who lose a child should receive support for the loss of the child’s anticipated services and support, the child’s companionship, and the loss of the parent-child relationship
Frequently Asked Questions
How long can I wait to file a wrongful death drowning claim in Oklahoma?
Two years. Families have up to two years from the date of the drowning to file a wrongful death claim. As previously noted, a case involving state or city government departments could have a much shorter window.
Who can file a wrongful death claim in Oklahoma?
Oklahoma wrongful death claims can only be filed by a “personal representative” who represents the estate of the victim. If a representative isn’t named in a will, a spouse, parent, or child of the victim would usually chosen by the court. A wrongful death lawyer can help a representative file a wrongful death claim on behalf of the entire family and make sure every benefit is secured.
What if I can’t afford to pay a drowning accident lawyer?
You won’t need any upfront money to hire Ylla|Gosney Attorneys at Law. We don’t accept payment unless we win your case. Then our fee comes out of the settlement you receive. We also adjust our fees to make sure you and your family keep what you need to rebuild your lives.
Contact an Oklahoma City Drowning Accident Attorney
At Oklahoma City’s Ylla|Gosney Attorneys at Law we want to protect families in mourning by holding at-fault parties fully accountable for a tragic drowning that could have been prevented. Nothing can bring back a loved one, but families should seek justice and financial protection for the spouses, children, and parents of victims.
Schedule a free, confidential case review with a real Oklahoma City drowning accident lawyer. There’s never any pressure to file suit or even use our services. That’s your decision. But we do want your family fully informed of the benefits available before they decide on the next step.
