Drowning Accident

Drowning occurs in just a few seconds. In many cases, the drowning victim does not scream, make any noise, or show any warning signs during a swimming pool accident. There are between 50 to 70 drowning deaths each year in Chicago [1].

The legal team of Chicago drowning accident lawyers at Rosenfeld Injury Lawyers has helped clients recover millions. Read on to learn more about the different types of drowning incidents we work with, how to file a claim, the statute of limitations, and the common damages victims and their families can recover.

Types of Cases That Our Drowning Accident Lawyers Handle

The experienced drowning attorneys at Rosenfeld Injury Lawyers can help with a variety of drowning-related cases, including the following:

• Near-drowning accidents
• Swimming pool accidents
• Boating accidents
• Lakefront drowning accidents
• Hot tub drowning accidents
• Bathtub injury accidents
• Premises liability claims
• Wrongful death cases

Liability in Drowning Lawsuits

Your lawyer will help you to determine who can be held liable in your case, based on the situation. Some common defendants in drowning lawsuits are the following:

• Pool owner – Pool owners of private swimming pools have a duty to properly secure and warn visitors of potential dangers and to follow basic pool-safety standards. In the event they fail to do so, they can be held liable.
• Property owner – Commercial and residential property owners have a duty to keep their premises safe, and failure to do so can leave them liable.
• Government agencies – If drowning incidents occur in public pools, the department or agency tasked with overseeing that public swimming pool can be sued in a civil case.
• Manufacturers – In the event of defective pool equipment, the manufacturer of the equipment can be held liable.
• Business owners – If the drowning incident happened at a business, such as in hotels or water parks, the business owner can be held directly liable.

Legal Avenues We Can Pursue on Behalf of Drowning Victims

There are different legal avenues that can be taken on behalf of drowning victims, such as:

• Personal injury – If you or your child was injured in a Chicago drowning accident, you could work with a personal injury attorney to file a claim against the liable parties.
• Premises liability – In these cases, a Chicago premises liability lawyer can argue how the pool owners, business owners, or government agencies responsible for beachfront safety were negligent and put you or your loved one in harm’s way.
• Wrongful death – An experienced Chicago wrongful death attorney can work for the family of someone who has lost their life due to someone else’s negligence or malice..
• Jones Act – The Jones Act is a federal law governing what is essentially workers’ compensation for people who are injured while working on commercial boats and other vessels. For drowning deaths and injuries while employed on a commercial vessel, it is possible to file a claim under the Jones Act.

Who Can File a Drowning Accident Claim

If your loved one died as a result of a fatal drowning incident, you may be eligible to file a claim on their behalf to recover damages. The parties that can file a drowning claim include the following:

• Spouse
• Child
• Parent

If you survived your near-drowning accident and suffered major injuries, you are able to file a civil lawsuit on your own behalf for medical expenses, lost wages, and ongoing needs that you may have.

There Is Limited Time to File a Drowning Accident Claim

For personal injury, premises liability, and wrongful death claims in Illinois, you have just two years to file your claim. This time limit is called the statute of limitations. You will not be able to file your personal injury or wrongful death lawsuit if you wait until after this time elapses.

For this reason, it is important to discuss your case with a Chicago drowning accident lawyer as soon as possible. This will give your swimming pool drowning attorney the most amount of time to build a strong case and to collect evidence.

Some forms of evidence, such as witness testimony and video surveillance footage, can become more difficult to obtain the longer you wait to start.

Damages Our Chicago Drowning Accident Attorneys Can Help You Recover

There are different types of damages that surviving family members can recover after the accidental drowning death of their loved one. These damages include the following:

• Medical bills of the decedent
• Pain and suffering
• Emotional trauma
• Lost household income
• Loss of society

If you are the injury victim of a near-drowning incident, you could be entitled to recover the following damages:

• Medical bills
• Rehabilitation expenses
• Permanent disability
• Lost wages
• Future lost wages
• Pain and suffering
• Emotional trauma

While rare, punitive damages can be added by the judge in cases where the property owners egregiously neglected pool safety and put people at risk. Punitive damages are meant to punish and dissuade that behavior from happening again.

The Effect of a Waiver over a Drowning Accident Lawsuit

Many swimming pools, water parks, beach clubs, hot tubs, spas, and other property owners may require visitors to sign a liability waiver to participate in water-based activities. Some clients worry that signing a liability waiver means that they will not be able to take legal action against these property owners.

However, liability waivers very rarely prevent you from taking legal action, especially if negligence is involved. Discuss the specifics of your case with a swimming pool accident lawyer during a free consultation to see how signing a waiver may impact you. In many cases, you will still be able to take action.

Filing a Claim With Our Chicago Drowning Accident Lawyers

The weeks and months after a Chicago swimming pool accident may seem like a blur. However, those planning to seek compensation should start the process of filing a claim as soon as possible. Generally, when filing a claim, you can expect the following steps:

• A free consultation with a pool drowning lawyer – The first step in taking legal action after swimming pool injuries or a fatal drowning is to set up a free consultation with a Chicago drowning accident lawyer. The lawyer will review your case and provide you with legal advice.
• Gathering evidence – Should you decide to move forward with your personal injury or wrongful death lawsuit, your lawyer will gather evidence—including video surveillance footage, medical records, expert testimony, and eyewitness depositions—to support your case and file it with the appropriate court.
• Negotiating with insurance companies – In most cases, the property owner of a hotel, water park, or swimming pool have commercial insurance. Residential pool owners have homeowners insurance policies that cover drowning injuries. Your lawyer will negotiate with these insurance companies to try to recover fair compensation for your or your loved one’s drowning injuries out of court.
• Going to court – Some drowning incidents cannot be settled out of court. In these cases, your lawyer will prepare your case for trial.

How Long Does Settling a Drowning Accident Case Take?

Every drowning lawsuit is different. There is no way to guess how long settling a drowning case will take.

A more straightforward case that can be negotiated directly with insurance companies could be settled within a few months, whereas a case where the injured person suffered major injuries or cases that involved drowning deaths could take years if a full trial is required, and if the other party appeals the decision.

The Cost of Hiring a Drowning Accident Attorney

There are no up-front costs for working with a Chicago drowning accident lawyer from Rosenfeld Injury Lawyers.

Our accident attorneys work on a contingency fee basis, which means that we take a small percentage of the settlement we help you recover. In the event that we are unable to help you recover compensation, then you won’t have to pay for the support of our accident lawyers.

The Statistics of Drowning Accidents

Drowning accidents are unfortunately more common than many people realize. Here are some key statistics of drowning incidents in Chicago:

• For every childhood drowning fatality, eight other children go to the ER for non-fatal drowning emergencies [2].
• In Illinois, pools and spas must have a four-sided fence with a self-closing and self-latching gate.
• For kids between the ages of 1 and 4, drowning is the leading cause of unintentional death [3].
• There were 1,236 recorded drownings in the Great Lakes between 2010 and 2014 [4].
• 80% of drowning victims over the age of one year are male [5].
• Drowning is the leading cause of death for autistic people [6].

Common Complications of Near-Drowning Accidents

Many drowning injury victims sustain serious and long-term complications as a result of their accident. The severity and the outcomes depend on how long the injured victims were deprived of oxygen. Common drowning injuries can often include the following:

• Acute respiratory distress syndrome
• Brain damage
• Dangerous imbalances within the body
• Pneumonia
• Permanent vegetative state

The Most Common Causes of Drowning Accidents

The most common causes of drowning accidents include [7]:

• Inability to swim
• Missing or faulty pool fences
• Inadequate supervision
• Failure to wear a life jacket
• Drinking alcohol or taking drugs, including prescription medications
• Sudden weather changes
• Fatigue

People Most At-Risk for Drowning

Anyone can be susceptible to a drowning disaster, but some individuals are at a higher risk than others.

• Children – Unintentional drowning is the leading cause of death for children aged 1–4 in the United States [8]. Children may quietly drown without exhibiting any warning signs.
• Seniors – The elderly account for almost one-third of all fatal drowning mishaps [9]. This propensity may be due, in part, to their increased susceptibility to slips and falls, which results in serious injury.
• People with physical disabilities – People with physical disabilities are more likely to experience a drowning incident, as they may have difficulty moving or swimming in water.
• People with certain medical conditions – Medical conditions such as epilepsy put some people at a much higher risk of drowning death, especially in bathtubs [10].
• People who cannot swim – 34% of fatal drowning disasters occur in people who cannot swim. 66% of drowning accidents involved people who knew how to swim [11].

Contact Our Chicago Drowning Accident Attorneys Today!

Contact the swimming pool drowning lawyers at Rosenfeld Injury Lawyers for a free consultation by filling out our contact form or calling toll-free at (888) 424-5757. A member of our team is available 24/7 to take your call. We have helped other clients recover millions. We are here to help you and your family during this difficult time.

Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.

Rosenfeld Injury Lawyers

225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757

Resources: [1] CBS News, [2] Illinois.gov, [3] Illinois DCFS, [4] Great Lakes Surf Rescue Project, [5] Merck Manual, [6] American Red Cross, [7] CDC, [8] Stop Drowning Now, [9] National Library of Medicine, [10] CDC, [11] Chicago Tribune

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.