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. Our skilled and compassionate 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?
A Tulsa drowning accident lawyer can be an important safeguard when families 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. A Tulsa wrongful death 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.
What Kinds of Drowning Dangers Are Around Tulsa?
Many locals look for ways to cool off in the summer, and Tulsa offers plenty of spots to enjoy the water. The Tulsa Parks and Rec Department operates at least five different public pools such as McClure Park Pool.
People can find spots to dip their toes in the Arkansas River or take a ride to Skiatook Lake. Paradise Beach Waterpark will also open its doors in the summer months to give parkgoers a chill and thrill.
These options are great, but in each case, there are property owners and operators, or a government entity responsible for the safety of visitors poolside or on a beach, or in the lake. Pool owners, lake owners, and those who run businesses around lakes and rivers must act to keep guests safe from injury and especially drowning.
These are just a few of the most important responsibilities for owners and operators:
Responsibilities Around Pools and Waterparks
- Providing lifeguards and training them to take lifesaving action.
- Providing safety devices around pools.
- 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 to prevent hazards
- The clearing of slip-and-fall and trip-and-fall hazards around pools that might send someone into the water unconscious.
- The installation of barriers and fencing around unattended pools where curious children might be lured in after hours.
Hazards Around Lakes and Rivers
- Warning signs about depth changes, steep banks, underwater obstacles, and other hazards around lakes, rivers, and retention ponds.
- No swimming signs in dangerous places.
- 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.
- Providing safety devices with each boat, canoe, and paddleboard rental.
- Providing lifeguards where required.
At Ylla|Gosney, we feel it’s our duty to protect a family as much as possible at such a difficult time 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 such a heartbreaking loss.
Who Can Be Held Responsible for a Drowning?
Swimming comes with risks, but the owners of pools or the operators of lake and river parks must take action to remove as many dangers as possible. They are charged with a “duty of care” under Oklahoma’s premises liability laws.
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.
Victims are empowered to file wrongful death claims against all parties involved and demand support to protect the family in the future when they’ll be without the comfort and guidance a loved one would have provided.
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 Property Management Company that 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 liable for a pool or lake in a neighborhood
- City, County, or Federal Government agencies that oversee public pools and bodies of water.
Suing the Government for a Tulsa Drowning
In some cases, it’s your local government, such as Tulsa’s city officials, who bear the blame for the loss of life. A lack of supervision at a public pool or a failure in pool maintenance.
State parks departments and federal agencies might also be liable when lakes are the scene of a tragedy. A government department would have to provide support to families. The US Army Corps of Engineers (the Federal Government) is responsible for some lakes such as Skiatook Lake.
Families who have been victimized can recover money to protect themselves after losing a loved one, but they must be aware of the challenges when filing a wrongful death claim against a government entity.
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 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.
Compensation for Families After a Drowning Tragedy
Nothing can bring back a loved one after a tragic drowning, but families should still seek justice and financial protection in the aftermath.
Your attorney makes sure property owners and government agencies are held fully accountable. A Ylla | Gosney Wrongful Death Attorney demands support for the hardships families endure in the days after a 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 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 a Tulsa 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 Tulsa 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.
