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        <title><![CDATA[san diego wrongful death lawyer - Walton Law Firm]]></title>
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        <description><![CDATA[Walton Law Firm's Website]]></description>
        <lastBuildDate>Tue, 18 Mar 2025 20:27:58 GMT</lastBuildDate>
        
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                <title><![CDATA[Five Things to Know About Drowning Accidents in San Marcos]]></title>
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                <dc:creator><![CDATA[North County Injury Lawyers]]></dc:creator>
                <pubDate>Fri, 01 Apr 2022 14:03:53 GMT</pubDate>
                
                    <category><![CDATA[Drowning Accident]]></category>
                
                    <category><![CDATA[Wrongful Death]]></category>
                
                
                    <category><![CDATA[drowning accidents]]></category>
                
                    <category><![CDATA[san diego wrongful death lawyer]]></category>
                
                
                
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                <description><![CDATA[<p>Nobody wants to think about the risks of a drowning accident when enjoying time at the beach, or a California vacation to a resort with a swimming pool or to the home of a family or friend with a swimming pool in the backyard. Yet drowning accidents are more common than you think, especially when&hellip;</p>
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                <content:encoded><![CDATA[
<p>Nobody wants to think about the risks of a drowning accident when enjoying time at the beach, or a California vacation to a resort with a swimming pool or to the home of a family or friend with a swimming pool in the backyard. Yet drowning accidents are more common than you think, especially when younger children are left unattended or when alcohol is involved. If you or somebody you love suffered serious or fatal injuries in a drowning accident caused by someone else’s negligence, it is important to find out more about filing a claim for compensation by speaking with a personal injury lawyer in San Marcos. In the meantime, the following are five things to know about drowning accidents in San Diego County.
</p>



<ol class="wp-block-list">
<li><strong> Thousands of People Drown in the U.S. Every Year</strong></li>
</ol>



<p>
Every year in the U.S. alone, thousands of people die in drowning accidents. Indeed, according to the United States Swim School Association, anywhere from 3,500 to 4,000 people die on average each year because of avoidable drowning accidents, and children between the ages of 1 and 4 are killed most often in accidental drownings. Nearly 90% of those young child deaths occur in pools or hot tubs.
</p>



<ol start="2" class="wp-block-list">
<li><strong> Many Prevention Strategies Exist to Avoid a Drowning Accident</strong></li>
</ol>



<p>
There are many tips you can consider to avoid a drowning accident, including learning life-saving skills, learning how to swim, setting up barriers around home <a href="https://www.sandiegoaccidentinjurylawyer.com/drowning-accidents.html">pools</a> (or ensuring that pools nearby have barriers), wearing a life jacket on the open water, and watching children in pools and at the beach at all times.
</p>



<ol start="3" class="wp-block-list">
<li><strong> Multiple Parties Could be Liable for a Drowning Accident</strong></li>
</ol>



<p>
Depending upon how and where a drowning accident occurred, multiple parties could be liable, from a homeowner with a pool to a hotel where the drowning accident occurred to a child caregiver who failed to properly watch a child.
</p>



<ol start="4" class="wp-block-list">
<li><strong> Drowning Claims May be Filed as Premises Liability Lawsuits</strong></li>
</ol>



<p>
Many drowning accident lawsuits are filed as premises liability claims in which the injured party holds a property owner responsible for injuries. Homeowners with pools, as well as businesses with pools such as hotels and resorts, must ensure that their premises are reasonably safe. Otherwise, they can face liability for drowning accidents and other injuries.
</p>



<ol start="5" class="wp-block-list">
<li><strong> You Will Need to File Your Drowning Accident Claim Before the Statute of Limitations Runs Out</strong></li>
</ol>



<p>
If you plan to file a drowning accident lawsuit, either a personal injury claim if you suffered a near-drowning yourself or if you lost a loved one and want to find out about moving forward with a wrongful death claim, you will need to make sure the lawsuit is filed before the statute of limitations runs out. Under <a href="https://www.courts.ca.gov/9618.htm?rdeLocaleAttr=en">California law</a>, most personal injury lawsuits must be filed within two years from the date of the injury, while most wrongful death lawsuits must be filed within two years from the date of death.</p>



<p><strong>Contact Our San Marcos Drowning Accident Attorneys</strong></p>



<p>If you were injured in a near drowning, or if you lost a child or another loved one in a drowning accident caused by another party’s negligence, it is important to find out more about seeking financial compensation for your injuries. Do not hesitate to get in touch with our firm to find out more about filing a claim against an individual or a business owner in Southern California. An experienced San Marcos personal injury lawyer at our firm can assist you. <a href="https://www.sandiegoaccidentinjurylawyer.com/contact-us.html">Contact the Walton Law Firm</a> to get started on your case.</p>



<p><strong>See Related Blog Posts:</strong>
<a href="/blog/be-aware-of-drowning-risks-in-san-clemente-as-summer-approaches/">Be Aware of Drowning Risks in San Clemente as Summer Approaches</a>
<a href="/blog/misconceptions-about-dry-drowning-in-san-marcos/">Misconceptions About Dry Drowning in San Marcos</a></p>
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                <title><![CDATA[Birth-Related Injuries and Maternal Death Rates in Oceanside]]></title>
                <link>https://www.northcountyinjurylawyers.com/blog/birth-related-injuries-and-maternal-death-rates-in-oceanside/</link>
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                <dc:creator><![CDATA[North County Injury Lawyers]]></dc:creator>
                <pubDate>Mon, 13 May 2019 20:44:06 GMT</pubDate>
                
                    <category><![CDATA[Medical Malpractice]]></category>
                
                    <category><![CDATA[Personal Injury]]></category>
                
                
                    <category><![CDATA[birth injury]]></category>
                
                    <category><![CDATA[California personal injury attorney]]></category>
                
                    <category><![CDATA[maternal death]]></category>
                
                    <category><![CDATA[san diego wrongful death lawyer]]></category>
                
                
                
                <description><![CDATA[<p>According to a recent article in USA Today, maternal death rates in the US are the highest in the developed world. Every year more than 50,000 women suffer serious birth-related injuries—700 of those fatal—that could be prevented if healthcare providers followed safety protocols. As the article explains, doctors and nurses often ignore safety recommendations that&hellip;</p>
]]></description>
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<p>According to a<a href="https://www.usatoday.com/in-depth/news/investigations/deadly-deliveries/2018/07/26/maternal-mortality-rates-preeclampsia-postpartum-hemorrhage-safety/546889002/"> recent article</a> in <em>USA Today</em>, maternal death rates in the US are the highest in the developed world. Every year more than 50,000 women suffer serious<a href="https://www.sandiegoaccidentinjurylawyer.com/medical-malpractice.html"> birth-related injuries</a>—700 of those fatal—that could be prevented if healthcare providers followed safety protocols. As the article explains, doctors and nurses often ignore safety recommendations that can prevent birth-related injuries, such as “weighing bloody pads to track blood loss,” or “giving medication within an hour of spotting dangerously high blood pressure to fend off strokes.” As a result of<a href="https://www.sandiegoaccidentinjurylawyer.com/medical-malpractice.html"> medical negligence</a>, pregnant women suffer severe and sometimes fatal injuries during childbirth, including blood clots and infections.</p>



<p>However, according to an<a href="https://www.self.com/story/california-maternal-death-rate"> article</a> in <em>Self Magazine</em>, California is doing much better than the rest of the country when it comes to preventing birth-related injuries and maternal deaths. What is different about healthcare in California?</p>



<p><strong>Maternal Death Rate in California is Half That of the Rest of the Country</strong></p>



<p>One of the most common reasons that women suffer debilitating and deadly injuries during birth is due to hemorrhage and blood loss. In California, doctors are prepared to respond quickly (and often effectively) to hemorrhaging. For example, the article describes the “hemorrhage cart,” which was created by a doctor with California Maternal Quality Care Collaborative (CMQCC). What is a “hemorrhage cart”? It is a cart that is “equipped with the instruments needed to treat postpartum hemorrhage as swiftly as possible,” and these carts “are part of the CMQCC’s initiative to reduce pregnancy related emergencies.” In the article, Dr. Elliott Main, who created the cart and is a Stanford University professor of obstetrics and gynecology, explained that it is “like a crash cart,” equipped with “meds, balloons, fluids.”</p>



<p>Due to developments like the crash cart and other initiatives being put into practice by CMQCC, the maternal death rate in California is much lower than the maternal death rate in the rest of the United States. To give you a sense of the maternal death rate in the U.S. and where it stands in relation to the rest of the world, the current rate of birth injury-related deaths is at 26.4 per 100,000 childbirths. The safest countries for childbirth, such as Finland and Norway, have a maternal death rate of 3.8 deaths per 100,000 births. In Canada, the maternal death rate is 7.3 per 100,000 births, and the U.K. and Germany have maternal deaths rates at around 9 per 100,000 births. Where does that put the U.S.? The article describes the ranking starkly: the U.S. is “sandwiched between Uzbekistan’s 26.2 and Kazakhstan’s 26.5.”</p>



<p><strong>Racial Disparities Persist in Maternal Deaths and Birth-Related Injuries</strong></p>



<p>In California, the number is right around 13 deaths per 100,000 births. That number is still higher than other countries in the developed world, but it is significantly lower than the average maternal death rate in the rest of the country.</p>



<p>It is important to make clear, however, that racial disparities continue to persist when it comes to maternal injuries and deaths during childbirth. Indeed, “Black women in this country are three to four times more likely to die from pregnancy- or childbirth-related causes.”</p>



<p><strong>Contact an Oceanside Birth Injury Lawyer</strong></p>



<p>If you or someone you love suffered serious birth-related injuries, you should speak with a<a href="https://www.sandiegoaccidentinjurylawyer.com/contact-us.html"> birth injury lawyer</a> about filing a medical negligence claim.<a href="https://www.sandiegoaccidentinjurylawyer.com/contact-us.html"> Contact the Walton Law Firm</a> for more information.</p>



<p><strong>See Related Blog Posts:</strong>
<a href="/blog/hospital-infections-spinal-cord-injury-patients/">Hospital Infections and Spinal Cord Injury Patients</a>
<a href="/blog/california-senate-rejects-legislation-concerning-doctors-probation/">California Senate Rejects Legislation Concerning Doctors on Probation</a></p>



<p>(image courtesy of Janko Ferlic)</p>
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            <item>
                <title><![CDATA[Fatal Pedestrian Accident in La Jolla]]></title>
                <link>https://www.northcountyinjurylawyers.com/blog/fatal-pedestrian-accident-la-jolla/</link>
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                <dc:creator><![CDATA[North County Injury Lawyers]]></dc:creator>
                <pubDate>Mon, 03 Nov 2014 17:26:19 GMT</pubDate>
                
                    <category><![CDATA[Auto Accidents]]></category>
                
                    <category><![CDATA[Pedestrian Accidents]]></category>
                
                    <category><![CDATA[Wrongful Death]]></category>
                
                
                    <category><![CDATA[San Diego personal injury attorney]]></category>
                
                    <category><![CDATA[San Diego personal injury lawyer]]></category>
                
                    <category><![CDATA[san diego wrongful death attorney]]></category>
                
                    <category><![CDATA[san diego wrongful death lawyer]]></category>
                
                
                
                <description><![CDATA[<p>When automobile drivers ta ke their eyes off the road or experience distractions, serious and fatal accidents can occur. Indeed, according to a recent report from NBC San Diego, a woman suffered fatal injuries after she was struck by an automobile while unloading her car “along a busy La Jolla street.” The pedestrian accident occurred&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>When automobile drivers ta</p>
<div class="wp-block-image alignleft">
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<p>ke their eyes off the road or experience distractions, serious and<a href="https://www.sandiegoaccidentinjurylawyer.com/lawyer-attorney-1632905.html"> fatal accidents</a> can occur.  Indeed, according to a<a href="http://www.nbcsandiego.com/news/local/La-Jolla-Pedestrian-Hit-Girard-Avenue-278415721.html"> recent report</a> from <em>NBC San Diego</em>, a woman suffered fatal injuries after she was struck by an automobile while unloading her car “along a busy La Jolla street.”  The<a href="https://www.sandiegoaccidentinjurylawyer.com/lawyer-attorney-1632905.html"> pedestrian accident</a> occurred in the late morning on Girard Avenue, just across the street from Nosh Delicatessen and Orange Theory Fitness, the article reported.</p>

<p><strong>Elderly Driver Strikes Victim</strong></p>

<p>How did the accident happen?  According to reports, the victim, a 45-year-old woman who was a resident of La Jolla, was pinned between her own parked car and the vehicle of the elderly driver who caused the collision.  The driver, a 91-year-old, “backed out of a nearby parking spot on the west side of the street, crossed into the other side, and rammed into the woman,” according to San Diego Police Department Sergeant Joe A. Benavidas.</p>

<p>Benavidas emphasized that the 91-year-old driver stayed at the scene after the collision to answer questions from the police.  While the accident remains under investigation, the San Diego Police Department believes that “speed likely played a factor.”</p>

<p>This part of Girard Avenue—around the 7700 block—is particularly busy.  According to residents of the area, the street often produces “a difficult dance in the afternoons between shoppers and heavy traffic.”  One resident, Justin Rowley, told <em>NBC San Diego</em> that the intersection of Silverado and Girard, near to the victim’s fatal accident, “is always busy with foot traffic and cars.”  As such, if you are a pedestrian, “you always have to watch what you are doing when you are walking across the street.”</p>

<p><strong>Filing a Wrongful Death Claim in California</strong></p>

<p>When you lose a loved one due to the negligence or wrongful act of another person, you may be eligible to file a<a href="https://www.sandiegoaccidentinjurylawyer.com/lawyer-attorney-1281522.html"> wrongful death lawsuit</a>.  What is a wrongful death claim?  It is a civil lawsuit that is brought by the survivors of a person who sustained fatal injuries because of another person’s negligence or bad behavior.</p>

<p>A wrongful death claim is a lot like a personal injury lawsuit in that it allows for recovery of damages following a serious accident and injury.  Here is another way to think about it: if the deceased person had lived, she or he would have been able to file a wrongful death claim to seek compensation for injuries.  Since the deceased died as a result of those injuries, the survivors can step in and file a wrongful death claim on behalf of the deceased person.</p>

<p>California law specifies that only certain people are eligible to file a wrongful death claim.  Typically, the following people are the ones to bring a lawsuit for another person’s wrongful death:
</p>

<ul class="wp-block-list">
<li>     Surviving spouse;</li>
<li>     Surviving children;</li>
<li>     Surviving domestic partner.</li>
</ul>

<p>
If the deceased person does not have a surviving spouse, domestic partner, or children, then the following people are the likely ones to file a wrongful death claim:
</p>

<ul class="wp-block-list">
<li>     Surviving parents of the deceased;</li>
<li>     Surviving siblings;</li>
<li>     Children of deceased siblings;</li>
<li>     Surviving grandparents;</li>
<li>     Persons who financially depended upon the deceased person.</li>
</ul>

<p>
Pedestrians who sustain severe and life-threatening injuries in traffic collisions may be eligible for compensation.  If you have lost a loved one in a dangerous pedestrian accident, you should speak to an experienced<a href="https://www.sandiegoaccidentinjurylawyer.com/lawyer-attorney-1278109.html"> San Diego injury lawyer</a> about<a href="https://www.sandiegoaccidentinjurylawyer.com/lawyer-attorney-1278109.html"> filing a wrongful death claim</a>.</p>

<p>Photo Credit: <a href="http://www.morguefile.com/archive/display/33931">xandert</a> via <a href="https://morguefile.com/">morgueFile</a>
<strong>See Related Blog Posts:</strong>
<a href="/blog/fatal-nighttime-diving-accidents/">Fatal Nighttime Diving Accidents</a>
<a href="/blog/patients-risk-injury-smaller-military-hospitals/">Patients at Risk of Injury in Smaller Military Hospitals</a></p>

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