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 body of water. We want to make sure grieving families earn the support they need to protect themselves in the future. Our skilled wrongful death 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.
Should My Family Hire a Lawyer After a Drowning Accident?
An Oklahoma drowning accident lawyer can be an important safeguard for families trying to seek justice for a loved one’s death. The party that contributed to the cause of a drowning should be liable for the immediate costs and the future hardships the family will face.
But in most cases, those who bear fault in a deadly accident will be fighting back and trying to prove they aren’t liable for the death. The owners and operators of pools and state parks along rivers and lakes may be able to afford teams of lawyers to help them escape accountability. Your Ylla|Gosney lawyer fully investigates a drowning and then uses the evidence to force property owners and park operators to provide fair support to families in mourning.
Drowning Hazards for Oklahoma Swimmers
Oklahoma residents look for cool spots for wading, swimming, and water sports each summer. Families can visit city public pools, hotel and resort pools, and water parks to enjoy some splash time. Others can find recreation on lakes like Lake Texoma, Lake Eufaula, and Lake Thunderbird and rivers like the Arkansas River and Red River.
These make great getaways, but anytime a body of water is a part of your trip, there are drowning dangers.
- According to KJRH-TV, 32 people drowned in Oklahoma lakes, rivers, and pools between 2019 and mid-July of 2023. Their research shows that July continues to be the deadliest month for Oklahoma swimmers.
- The Oklahoma State Department of Health (OSDH) documented that Oklahoma lost 296 lives to drowning over a four-year period between 2015 and 2018.
Property owners and the operators of pools must take action to lessen the risks swimmers will encounter. When they don’t, property and business owners can be held liable for a tragic death. City and State Park and Rec departments might also face liability after a drowning.
These entities may deny responsibility, but a skilled Oklahoma wrongful death lawyer is a safeguard to make sure they can’t reject your claim and leave you with nothing as you and your family struggle to rebuild your lives.
What Kinds of Safety Precautions Are Pool Owners and Operators Liable For?
Property owners and the operators of pools must take action to lessen the risks swimmers will encounter. When they don’t, property and business owners can be held liable for a tragic death. City and State Park and Rec departments might also face liability after a drowning.
These entities may deny responsibility, but a skilled Oklahoma wrongful death lawyer is a safeguard to make sure they can’t reject your claim and leave you with nothing as you and your family struggle to rebuild your lives.
These are just some of the safety precautions that are often forgotten or simply ignored that can help prevent drownings:
- Warning signs about depth changes, steep banks, underwater obstacles, and other hazards around pools.
- Providing lifeguards and training them to take lifesaving action.
- Providing safety devices around pools and with each boat rental.
- Monitoring overcrowding in pools that might lead to a tragic drowning.
- Attending to proper maintenance at city pools and pools at hotels, resorts, and waterparks.
- Proper rules and regulations to keep swimmers safe from careless boaters on Oklahoma rivers and lakes.
- The clearing of trip-and-all hazards around docks that might send someone into the water.
- Failure to provide barriers and fencing around unattended pools and dangerous stretches of water.
Who Can I Sue After a Drowning?
Adult swimmers must not make reckless or unsafe decisions around rivers and lakes. Mother nature can also play a part in any tragic drowning. However, the owners and operators of pools and state parks on lakes and rivers must also accept responsibility for the safety of visitors.
Anyone who contributes to unsafe conditions around a pool, a pond, a lake, or a river can be financially responsible for helping a family recover after a tragedy. In some cases, more than one party could be held accountable and would have to provide settlement money to close relatives left behind.
These are just a few of the individuals and entities that could be liable after an Oklahoma drowning:
- A property owner or homeowner with a pool or with land containing access to a body of water
- A Landlord who provides an unsafe pool at an apartment complex
- Resort owners and water park owners
- Business owners such as boat rental companies who put swimmers and other boaters in danger
- An HOA charged with oversight of a pool or lake for a neighborhood
- City or County Government that operates public pools and parks
- The US Army Corps of Engineers (the Federal Government) overseeing some lakes
- Other federal agencies
Those at fault can use shady practices to try to avoid having to provide money to victims. They might try to falsely blame your loved one for a drowning or try to get your family to accept less than what’s fair in support for a devastating loss. Your Ylla|Gosney representative is your protection against these weak tactics.
We want to allow you and your family as much time as possible to grieve in peace. During this time our skilled team handles the frustrating negotiations with insurance adjusters. You can rest assured that we’ll work to get the most in support available for your family.
Drowning Risk to Oklahoma Children
The drowning risk is especially high for our state’s youngest residents. The OSDH finds that drowning is the leading cause of death for children 1 to 4 years old in Oklahoma. Officials warn that a toddler drowning can happen within seconds, in water that’s only 2 inches deep.
Children must be monitored around any water. Especially around ponds, retention ponds, and pools without lifeguards. Property owners and homeowners might have to provide barriers around pools and bodies of water that might attract a curious child’s attention.
There may be no-trespassing signs in place, but children can’t be expected to read these signs or make safe decisions. Property and business owners must go further to prevent a child’s exposure to danger.
An Oklahoma child drowning lawyer can help grieving parents seek justice for the drowning of a child that could have been prevented. Benefits are available to a mother and father and can be secured when a property owner or city agency is forced to accept liability for their negligence.
Compensation for Families After a Drowning Tragedy
Nothing can bring back a loved one after a tragic accident, but families must act to protect themselves from the financial burdens that arise after a sudden death.
Your attorney demands 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. Acting quickly is still the best strategy because waiting can make evidence harder to find and witnesses more difficult to locate.
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 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 Drowning Accident Attorney
At Oklahoma’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.
We offer area families a free, confidential case review with a real Oklahoma wrongful death 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.