Simi Valley Drowning Accident Lawyer

Quirk Accident and Injury Attorneys represents drowning accident victims across Simi Valley. We understand the profound trauma and devastation these accidents can cause, even for survivors. If you’ve been injured in one of these accidents or lost a loved one, our personal injury lawyers will be there to guide you through the legal process. Contact us today for a free consultation to talk more about your options.

When Do You Need Our Lawyers?

Obviously, there’s no telling what could happen in a drowning or even a near-drowning accident. And you don’t go to a water park, pool, or lake and expect such a thing to happen. But the unfortunate reality is that anywhere there’s water, there’s the possibility that you could be involved in a drowning accident.

At the same time, the circumstances are going to dictate what you’ll need to do. There’s a chance that your injuries will only be minor. If that’s the case, you probably don’t need to worry about taking legal action against those responsible.

But if your injuries are in line with a typical drowning accident, you’ll probably need the help of our team. With our experience and resources, we can: 

  • Investigate the accident and figure out who’s responsible
  • Help you compile your medical records and gather other important evidence of your injuries
  • Deal with communicating and negotiating with the insurance company
  • Talk to authorities or witnesses about what happened

What Should You Do?

Even with the law on your side, the relative strength of your case is going to depend on the actions you take–or don’t take–during and after the accident itself. o, it’s super important to be ready in case it ever happens to you or someone you’re with. Here’s what you should do afterwards:

  • Call for help if you or someone else you’re with is drowning. If you’re able to do so without putting yourself in danger, try to help them.
  • Tell the property owner or someone in charge about what’s happening. Hopefully, they’ll have lifeguards or other staff in place to help. If not, contact the police and emergency crews so they can respond.
  • Get medical care right away. You can do this either at an urgent care or emergency room, but getting your injuries taken care of is crucial. If the accident happened at a pool or water park, there might be emergency medical care on site.
  • If you can, snap some photos of the area and get contact information from anyone who saw what happened. Write down where and when it occurred and what happened exactly. This info might be useful later on.
  • Keep in touch with your doctors to make sure you’re doing okay and follow any advice they give for ongoing care.

Regardless of the situation, your health and safety–and the health and safety of anyone you’re with–is what’s important. That should take priority. Once that’s taken care of, you can start to think about what else you can do.

What Injuries Can Happen in Drowning Accidents?

If you’ve experienced drowning or near-drowning, you know how traumatic it is. Even for those that witness the accident. But the reality is that these accidents can result in a number of different injuries that can leave you with long-lasting effects. Usually, they result in:

  • Brain damage – If the brain doesn’t get enough oxygen during drowning, it can lead to problems like memory loss, trouble thinking, and difficulty moving.

  • Breathing problems – Swallowing water can hurt the lungs, causing issues like fluid buildup or infections.

  • Heart problems – Drowning stress can damage the heart, leading to issues like heart attacks, irregular heartbeats, or muscle damage.

  • Hypothermia – Spending a long time in cold water can make the body temperature drop dangerously low, causing confusion, tiredness, and sometimes heart problems.

  • Muscle and bone injuries – When people struggle in the water, they might hurt their muscles, bones, or joints.

  • Emotional stress – People who survive drowning might feel anxious, sad, or have trouble coping afterward.

  • Secondary drowning – Sometimes, even after being rescued, water in the lungs can cause breathing problems hours later.

  • Death – Frequently, those that are hurt or are injured already can no longer fight to stay above the water and are killed.


The circumstances that lead to drowning accidents are also important, at least in terms of your potential claim options. Basically, property owners or anyone that’s in charge of an area where there’s water has a duty to you and everyone else to keep the environment reasonably safe. They can do this by:

  • Supervising people near the water
  • Having lifeguards or other professionals keeping watch
  • Having safety equipment ready
  • Posting warning signs if there are hazards
  • Telling people about potentially strong currents or other issues

Obviously, when these things aren’t taken care of, it can lead to you being hurt in a drowning accident. And like any accident, it means that you’ll need to figure out who is responsible.

Liability in Drowning Accidents

Liability in a drowning accident isn’t always straightforward. There’s some inherent risk involved whenever you go near water, but when there’s an accident caused by someone’s negligence, it becomes a legal matter.

In a typical drowning accident, negligence involves a:

  • Duty of care to keep you or others safe and free from hazards
  • Breach of that duty
  • An accident resulting from the breach
  • Injuries or other damage directly linked to the accident

With this established, liability for your injuries in a drowning accidents could fall on:

  • Property owners – If someone drowns on private property, the owner might be at fault for not controlling access to the water or maintaining safe conditions.

  • Drivers of boats or watercraft – If a drowning involves a boat or watercraft accident, the person operating it could be responsible if they were careless or didn’t follow safety rules.

  • Third parties – Safety personnel or maintenance workers who didn’t properly maintain safety equipment or lifeguards or others who contributed to dangerous conditions could also be liable.

  • Government agencies – If a government body oversees the water and fails to maintain it properly, or otherwise creates unsafe conditions they might also share liability for any accidents.

When there’s a drowning accident, it’s crucial to identify all the responsible parties because they will collectively be responsible for covering your losses. In order to recover these damages, though, you’ll have to go through the claims process.

Claims Process in a Drowning Accident

Although it’s somewhat unique and can only happen on or near water, a drowning accident is still viewed the same as any other accident in Simi Valley in the eyes of the law.

In terms of your options for filing an injury claim, you can:

  • File an insurance claim against the responsible party
  • File a personal injury lawsuit

The main objective of any injury claim is to recover specific “damages” from the parties accountable for the accident. The damages you can recover depend on factors such as the extent of your injuries, the circumstances of the incident, the level of negligence from the liable parties, and how much your actions contributed to the accident (known as “comparative negligence”).

Common damages that can be recovered in an injury claim typically include:

  • Medical expenses – This includes the costs associated with medical treatment, such as hospital bills, surgery fees, medication expenses, rehabilitation costs, and any other healthcare services required due to your drowning injuries.

  • Lost wages – This refers to the wages or salary an individual would have earned if they hadn’t been injured or become ill. It covers both the current and potential future earnings that were lost due to the accident.

  • Pain and suffering – This involves the physical and emotional distress experienced as a result of the drowning. It is usually centered on the pain, discomfort, anxiety, and other negative effects you go through.

  • Emotional distress – This is similar to pain and suffering but focuses more on the psychological impact of a drowning accident. It includes feelings of fear, depression, anxiety, trauma, and other emotional turmoil.

  • Loss of companionship and reduced quality of life – This refers to your diminished ability to participate in activities or enjoy life as one did before the incident. It also includes the loss of companionship or consortium suffered by your loved ones due to your injuries or death.

  • Wrongful death damages – These are the costs associated with your death from the accident. It includes funeral expenses, burial costs, and other financial burdens that your surviving family members will have to deal with.

The outcome of each case is unique and depends on its individual details and progression through the legal system. Therefore, having our experience and commitment on your side can be crucial. We’ll support you throughout the process to make sure you have the best possible chance at recovering these damages. Additionally, we’ll make sure that your claim is filed within California’s statute of limitations for injury claims, which is two years from the date of the accident.

Frequently Asked Questions

Can you stop a drowning accident?

Not always, especially if there’s rough conditions. That said, keeping an eye on people (especially children) and following the orders of lifeguards and others can reduce the chances you’ll be involved in one of these accidents.

The time limit, known as the statute of limitations, for filing a drowning accident injury claim is twi years from the date of the accident.

It depends on how complicated the case is, how well everyone works together, and when court dates are available. Some cases finish quickly, while others take longer.

Contact Quirk Accident and Injury Attorneys After a Simi Valley Drowning Accident

A drowning accident in Simi Valley can leave you feeling helpless, but you’re not alone. Quirk Accident and Injury Attorneys’ team of Simi Valley personal injury lawyers will be there to explain your options and give you guidance. Don’t wait–contact us today to set up your free consultation to get the process started.