Summer is the ideal time to cool off in a pool, but the last thing you want to worry about is a drowning accident. Unfortunately, even the most experienced swimmers can suffer accidents, which is why it’s so important to always have other people around when you’re swimming. Here are some ways that you can help to prevent drowning accidents this summer.

About Drowning Accidents

While the movies may make you believe that if someone is drowning, they’re going to be screaming and splashing and causing all sorts of commotion, the reality is that drowning can happen in seconds and is often silent. Anyone can drown, even the most experienced swimmers. That said, more children between the ages of 1 and 4 die from drowning than any other cause of death.

Drowning injuries can be very serious, resulting in brain damage, long-term disability, and death. During the summer months, drowning rates in the United States increase by almost 90% compared to other times of year. While these facts are scary, drowning is preventable. Knowing how to prevent drowning and proper water safety is key to keeping your summers fun and accident-free.

Preventing Drowning Accidents

We’ll focus on pool safety here, as open water is a whole other beast. That said, similar principles of general safety apply.

#1. Keep Children In Direct Sight

When you’re around water, you need constant eyes on children. You cannot check on them every few minutes like you could normally. Someone always needs to be watching them directly. You also need to use touch supervision if the children are under the age of 4 or do not know how to swim. Touch supervision means staying within arms’ reach of someone.

Children in water or near it can drown silently and immediately, so it is absolutely crucial to never leave children unsupervised, not even for a few seconds. To make this easier on everyone, you can assign a designated person to supervise and ensure that they are relieved every 20 minutes or so.

Adults watching children must keep their full attention on the children and avoid distractions, like phones, books, alcohol, and the like.

#2. Always Check To Pool First If Children Go Missing

With how quickly people, especially children, can drown, you always want to check the water first if a child goes missing. Every second counts in order to save a life.

#3. Keep Rescue Equipment By The Pool

This includes a safety ring, a long pole, and a phone. By having rescue equipment easily accessible, people can act quickly if others get into trouble in the water.

#4. Set Pool Rules

Many drowning accidents can be prevented by following safety tips. Everyone using your pool should know what is and is not acceptable. Some basic instructions you can post by your pool include:

• No running on the pool deck.
• No diving into shallow water.
• No swimming without an adult present.
• No pushing people into the pool.
• No dunking or holding people underwater.

This is by no means a comprehensive list of pool rules. 

#5. Take Swimming Lessons

Knowing how to swim can reduce the risk of drowning accidents, and yet, over half of U.S. adults have never taken a swimming lesson. Enroll children in swimming lessons, and consider enrolling in swim lessons yourself in order to improve your skills and comfort in the water.

Even if people know how to swim, supervision is still necessary, especially for children. 

#6. Lock It Up

Ensure that your pool has proper barriers around it and keep them locked. Use multiple layers of protection, such as safety covers, gate alarms, door alarms, motion-detectors, and the like. Check out our previous blog on swimming accidents for more information about this and liability related to it here: 5 Important Facts About Swimming Accidents.

#7. Learn CPR

CPR can save lives. Adults should be trained in CPR. You can get CPR certified through many different organizations, such as the American Red Cross, fire departments, and hospitals. 

If you do not know CPR, call 9-1-1 in the event of a drowning accident and follow the operator’s instructions until help arrives.

#8. Take Precautions For Medical Conditions

If someone has a seizure disorder or another medical condition that increases their risk of a drowning accident, implement the buddy system and take appropriate precautions. They may need one-on-one supervision around the water.

If someone is on medication that impairs balance, coordination, or judgment, they should avoid swimming as such side effects increase risk of drowning. These medications can be for both physical and mental health conditions. 

#9. Don’t Hyperventilate Or Hold Your Breath For A Long Time

Doing so can cause you to pass out and drown. This is also known as “hypoxic blackout” or “shallow water blackout”. 

Do You Need A Personal Injury Attorney?

Sometimes, other people’s negligence can result in injury or worse, as can occur with drowning accidents. When that happens, a personal injury attorney can help you obtain justice. LeBaron & Jensen provides personal injury attorney representation in Utah. Contact us today to schedule your free case consultation. 

Medical bills can be extremely expensive, especially if you’ve suffered injuries at the fault of someone else. The financial burden of them can add up to tens or even hundreds of thousands of dollars. Figuring out how to pay for your care while recovering and being unable to work can be terrifying. Depending on your circumstances, a medical lien may be an option for you.

Here is some basic information about medical liens, how they pertain to personal injury cases, and more. 

What Is A Medical Lien?

Liens are the legal right of creditors to be repaid for debts through access to the property and/or assets of the debtor. There are many different types of liens, from tax liens to judgment liens to what we will discuss in this blog, medical liens.

A medical lien is a legal document that promises the hospital that you will pay back your medical bills once the personal injury settlement comes in. The at-fault party will be responsible for paying back your medical bills as part of the compensation in the settlement.

Your personal injury attorney will advise you as to whether or not a medical lien is advisable for you and your specific situation. In most personal injury cases, medical liens are unnecessary.

How Do Medical Liens Work?

Medical liens are usually arranged by the victim’s attorney when the victim doesn’t have health insurance and needs to obtain medical treatment. Continuing treatment is important for recovery and for the sake of your case, to show that your injuries were serious. Some doctors are willing to continue treatment without a lien, while others are unwilling to accept liens. Your lawyer will advocate for you in order to ensure the best results possible to help you in your specific circumstances.

The individual or entity responsible for causing the accident/the victim’s injuries can be held accountable to cover the victim’s damages, medical expenses included. However, personal injury claims can take time – and medical bills still need to be paid in the meantime. Medical liens enable you to get medical bills temporarily paused while you wait for your settlement, so you can avoid having to pay with your own funds or having your medical bills sent to collections.

Medical liens can be filed whether or not health insurance covers some of your medical bills. However, the hospital or doctor’s office may not accept payment from the insurer if you’ve filed a claim, because many insurances cover costs at a reduced rate, which would cause the healthcare providers to lose money, if they know that they could charge the total amount and receive it from the settlement. A personal injury attorney can protect you from being taken advantage of by profit-driven systems.

Are There Risks Associated With Medical Liens?

Yes, there are definitely risks with giving your healthcare providers medical liens. For instance, if the case does not settle for its full value, the entire settlement the victim receives may go to medical bills. The healthcare provider is also at risk in these cases, because if the victim is not awarded any money, they will not get paid from the settlement. 

This is less than ideal for both the victim and the healthcare provider, as the bills need to be paid eventually. If worst comes to worst, contracts could be negotiated and renegotiated. As sending the victim to collections or taking them to court would yield less money, the lienholder is typically open to negotiating, such as by reducing the owed amount or agreeing to a payment plan.

There is a big difference between insured and uninsured victims. Liens are voluntary agreements, so it’s important for all parties involved to understand the complexities of the situation. No party is forced to accept a lien.

How Come Insurance Can Take A Share Of Your Settlement?

If you file a personal injury claim and win, it may seem unfair that your insurance can then demand that you pay them back for what they paid for your treatment. After all, you’re spending all this money to have insurance. Perhaps you’re thinking that it doesn’t seem right that they can get their money back from your settlement. 

This frustration is understandable. However, insurance companies may be entitled to recover their payments from the proceeds of the settlement, based on what the subrogation clauses in your insurance contract are. In many states, accident victims do not have to repay their health insurance company, unless they obtain full compensation for their injuries. Personal injury attorneys negotiate with insurance companies to ensure you receive optimal results.

Do You Want To Pursue A Personal Injury Claim?

In order to know whether or not you have a case, you’ll want to consult with a personal injury attorney. They will be able to advise on the best course of action to take in your specific circumstances. This includes whether or not a medical lien would be a good option for you or not. 

LeBaron & Jensen provides personal injury representation. Contact us today to schedule a case consultation to see what we can do for you.

If you’re injured as a driver in an auto accident, then you have to worry about whether you shared fault in the accident and more when pursuing a personal injury claim. But what about if you’re injured as a passenger in an auto accident? Whose insurance do you file a claim with? Can passengers share fault in an auto accident? What are your options?

Here are some basics about liability as a passenger in an auto accident. As with all of our blogs, this isn’t legal advice, but basic information that may or may not be applicable to you. For legal advice, you will need to schedule a consultation with a personal injury attorney near you. 

Who Do You File A Claim With If You’re Injured As A Passenger?

If you’re a driver, then dealing with the aftermath of an auto accident may be more clear-cut, depending on the circumstances. But if you’re a passenger, you may be at a loss, especially if it’s found that you didn’t share liability in the accident. Do you file a claim with the driver’s insurance? What about the other driver? Or do you stick with your own?

Especially in circumstances where the driver of the vehicle you were a passenger in was close to you, you may be reluctant to file a claim through their insurance, even if they were at fault for the accident, for fear of causing bad blood.

Whose insurance you file a claim with if you’re injured as a passenger in an auto accident will depend on the circumstances of the accident. You can file a claim with your own insurance, with the driver’s insurance, and/or with the other driver’s insurance. Depending on the circumstances of the accident, other parties may be involved. An attorney would be able to help you determine the best course of action for you.

Can A Passenger Be Liable In An Auto Accident?

Yes, there are circumstances in which the other people in the car played a role in the accident. Perhaps the driver was trying to stay focused on the road, but passengers were being rowdy or trying to antagonize them.

Some of the ways in which a passenger may be liable for or share liability in an accident include the following.

• Encouraging or enabling the driver. This can include forcing a fatigued or intoxicated driver behind the wheel as well as pressuring the driver to engage in or egging on dangerous behavior.
• Distracting the driver. The driver’s primary focus should be on the road. However, passengers may distract the driver through rowdy behavior, fighting, trying to show the driver something on their phone, and more.
• Trying to control the car. If the passenger tries to control the car, such as by grabbing the steering wheel or pushing on the brake or gas pedals, they can be liable for an accident.
• Giving the driver incorrect information. This includes intentionally failing to notify the driver of road hazards as well as situations like telling the driver it’s safe to back up when there’s actually a car going by.
• Coercing the driver into taking drugs and/or alcohol. The driver shouldn’t take these things if they know they are going to be driving, but people shouldn’t try to force them to if they know the person will be driving either.

These are a few cases in which a passenger can be at least partially liable for a car accident. 

What Happens If A Passenger Shares Liability In An Auto Accident?

If a passenger is found to have liability in an auto accident, then there are cases in which the other parties involved, such as the driver, the other driver, and others involved in the accident may be able to recover damages from the at-fault passenger.

Have You Been Injured As A Passenger In An Auto Accident?

If so, schedule a case consultation with a personal injury attorney, such as the experts here at LeBaron & Jensen. If you’ve been injured due to someone else’s negligence, we can help you recover the damages due to you. Contact us today to schedule your free case consultation and let us see what we can do for you.