Your location will affect your drowning claim, as each jurisdiction has its own laws and regulations. State negligence laws determine if you can claim damages and how much you will receive, while the statute of limitations sets the deadline for taking legal action.
At Vaughan & Vaughan, we are deeply knowledgeable about Indiana laws and will protect your right to compensation. We have been advocating for injured clients for over 110 years. Our drowning accident lawyers in Indianapolis will review how relevant statutes impact your case and help you navigate the legal process. Call us today for a free legal consultation.
How State Negligence Laws Impact Your Drowning Accident Claim
These laws vary from state to state and can have a significant impact on the legal process and potential compensation available to the victim or their family. The main two systems are comparative and contributory negligence systems, but there are variations within these categories.
If you are not sure which system applies to your state, an Indiana drowning accident lawyer from our team can determine which negligence laws are relevant to your case.
Comparative Negligence Laws
Comparative negligence is a legal doctrine that assigns fault and damages proportionately among all parties involved based on their degree of negligence. There are two types of comparative negligence: pure comparative negligence and modified comparative negligence.
In states that follow pure comparative negligence, you can still recover damages even if you are found to be mostly at fault. However, your compensation will be reduced by the percentage of fault assigned to you. For example, if you were 10% responsible for the drowning accident, you could still get 90% of the award.
On the other hand, in states like Indiana that follow modified comparative negligence, there is a threshold beyond which you are barred from recovering any compensation if your fault exceeds a certain percentage (usually 50% or 51%). If your fault is below the threshold, your compensation will be reduced based on your assigned percentage of fault.
If you were involved in a drowning accident in a comparative negligence state, seek immediate legal representation from Vaughan & Vaughan to increase your personal injury settlement. An experienced personal injury attorney will build a strong case to demonstrate the extent of the defendant’s negligence and minimize any potential fault attributed to you.
Contributory Negligence Laws
Contributory negligence completely bars you from recovering any compensation if you are found to have contributed in any way to the accident or their injuries. This means that even if the defendant’s negligence was the primary cause of the accident, if you are found to have had any degree of fault, you might be denied any financial recovery.
Contributory negligence is followed in a few states in the United States, including Alabama, Virginia, and North Carolina. It is a strict standard that places a heavy burden on the plaintiff to prove that they were not at fault in any way.
After a drowning accident in a contributory negligence state, it’s important to call a lawyer to protect your rights. Your attorney will develop a strong legal strategy to establish that the defendant’s negligence was the sole cause of the accident.
Your Case Will Get
The Attention It Deserves
File Your Drowning Accident Claim Within Your State’s Statute of Limitations
The statute of limitations refers to a legal timeframe within which you must initiate a lawsuit. If you don’t respect the deadline, your claim will likely be dismissed, and you will forfeit your right to take legal action. The purpose of the statute of limitations is to ensure the timely resolution of legal disputes and provide certainty and finality to potential defendants.
The specific length of the statute of limitations varies depending on the jurisdiction and the nature of the claim. It can differ based on factors such as the type of case, the nature of the harm or injury, and the applicable laws.
For example, according to Indiana’s statute of limitations, most personal injury lawsuits must be filed within two years. A two-year deadline also applies to wrongful death cases. However, certain case details could impact how much time you have left to take legal action.
The sooner you contact a drowning accident lawyer, the more time they will have to work on your case. Also, they could have access to fresh evidence, which could strengthen your claim. In time, evidence gets damaged or lost, and memories fade. The sooner you call an attorney, the more it will help your case. Our law firm has a long history of securing successful case results.
A Local Drowning Accident Attorney Can Represent Your Claim
If you or a loved one has been involved in a drowning or near-drowning accident, get experienced legal representation from Vaughan & Vaughan. Drowning cases can often involve negligence from property owners or event organizers responsible for water safety. Proving liability and obtaining damages against responsible parties requires navigating complex local and state laws.
A lawyer familiar with judges and courts in the local community understands how best to build a strong case. They stay up-to-date on precedent-setting rulings that could impact outcomes. Contact us today to learn more about how local laws impact your drowning accident claim.
