Every year, countless families in Texas face the devastating aftermath of drowning or near-drowning accidents. These incidents cause physical harm, emotional scars, and financial burdens.
The law allows victims to seek compensation after a drowning accident. While there is no average settlement for these types of cases, keep reading to understand how the settlement process works and see what factors can affect the value of a claim.
When you’re ready to take legal action, contact Grossman Law. Our attorneys are always willing to discuss your case and see if pursuing a settlement is right for you.
No Two Settlement Agreements Are the Same
There isn’t an average settlement for drowning accidents in Texas. All cases are unique, and your potential compensation will depend on the circumstances of your claim.
That said, our lawyers are familiar with damages in these incidents. We can review the facts of your case and compare them with past outcomes. This will help us estimate your potential settlement value and come up with the best legal strategy.
How Attorneys Calculate a Settlement Value
Determining the value of your claim requires a deep investigation and analysis of the circumstances of your case. Our lawyers look at a wide set of considerations, but they will often go through the following factors.
Physical Injuries
The extent of the harm caused by the accidents has a large effect on the settlement amount. Catastrophic injuries such as brain damage, spinal cord injuries, or organ failure often result in higher settlements since they require extensive medical treatment. Additionally, you may qualify for additional compensation if you have long-term injuries or permanent impairments. Since these types of injuries often require lifelong care, you can seek a larger settlement to cover these costs.
Defendant’s Insurance Policy
Many defendants have insurance policies that will cover the cost of the settlement. In most cases, you won’t be able to recover compensation above the policy limit. However, our experienced attorneys will explore all potential sources of compensation to maximize the settlement value.
Physical Pain and Emotional Harm
Emotional distress and mental anguish resulting from the accident can have long-lasting effects on victims. Anxiety, depression, post-traumatic stress disorder, and other psychological injuries may require therapy or counseling. Your settlement amount can include costs related to the emotional toll of the accident. Not only can it pay for counseling expenses, but it can also cover intangible damages that affect your quality of life.
Contributory Negligence
Texas follows the modified contributory negligence rule in personal injury cases. Courts look at whether the victim played any role in the accident that caused their injuries.
If so, the court may reduce the value of the settlement in proportion to the victim’s fault. For example, if a victim was 10% at fault for their injuries, a court would lower the total award by 10%. Note that a plaintiff will be barred from any recovery if they are found to be 51% or more at fault.
If there’s evidence to show you or a loved one share fault, you may receive less than the average settlement for drowning accidents in Texas.
Steps to Take to Maximize the Value of Your Settlement
We understand that life after a drowning or near-drowning accident can be overwhelming. However, taking these proactive steps can help maximize the value of your settlement.
Seek Immediate Medical Attention
After any accident, prioritizing your health is paramount. Seek prompt medical attention for yourself or your loved one, even if injuries seem minor. Documenting injuries and treatment from the outset establishes a clear record of the accident's impact on your health, strengthening your case for fair compensation.
Preserve Evidence
Gather and preserve evidence related to the accident as soon as possible. This includes photographs of the accident scene, witness statements, medical records, and police reports. Your evidence serves as crucial documentation to support your claim and demonstrate liability.
Follow Medical Advice
Listen to your doctor and adhere to all treatment plans. Following instructions and attending all appointments helps your recovery and demonstrates the need for care. It also strengthens your case for damages related to medical expenses and ongoing treatment.
Don’t Communicate with Insurance Companies
Avoid all communication with insurance companies. Insurance adjusters may attempt to minimize your claim or use statements against you to reduce liability. If you receive phone calls from an adjuster, politely ask them to contact your lawyer.
Speak with a Personal Injury Attorney
Drowning or near-drowning accident cases involve many legal complexities. You need a skilled personal injury attorney by your side. A lawyer can assess the strength of your case, handle communication with insurance companies, and negotiate on your behalf to secure a fair settlement. With their help, you can focus on recovering and being with loved ones.
Schedule a Free Case Evaluation
You don't have to be alone during this process. The attorneys at Grossman Law understand the challenges you're facing, and we're here to fight for you.
We’ll work tirelessly to protect your rights and pursue the compensation you deserve. Our track record of success speaks for itself, with over 30 years of dedicated service and millions recovered for clients.
Schedule a consultation today to discuss your case with our team.
