Losing a loved one or witnessing them suffer through a drowning accident is an unimaginably tragic experience. It brings with it overwhelming emotional, psychological, and often financial stress. During these incredibly challenging times, having the support of an experienced drowning accident lawyer from Rosenfeld Injury Lawyers can be crucial.
Why Hire Rosenfeld Injury Lawyers
At Rosenfeld Injury Lawyers, we are dedicated to securing the maximum compensation for families affected by drowning incidents. Our experienced legal team specializes in handling complex personal injury and wrongful death cases, with a proven track record of achieving substantial settlements and verdicts.
Child drowning at a water park
Policy limit boat drowning claim
Teenager drowning at a lake
Policy limit pool drowning claim
Child drowning in a friend’s pool
Apartment complex pool drowning
We thoroughly investigate each case and gather evidence to ensure that all medical expenses, funeral costs, and pain and suffering are fully addressed. With our deep expertise in drowning cases, we navigate the legal complexities effectively and fight tirelessly to protect your rights and seek compensation.
Drowning Statistics in the USA
- Nearly 40 million adults (15.4%) in the United States do not know how to swim. Additionally, over half (54.7%) of adults have never taken a swimming lesson, underscoring a significant gap in basic swimming skills. [1]
- Drowning deaths have risen in the United States after a decades-long decline. Data shows that over 4,500 people died due to drowning each year from 2020 to 2022, which is an increase of 500 deaths per year compared to 2019. [1]
- The groups already recognized as having higher drowning risks, particularly children, experienced the most significant increases in deaths. [1] These include:
- Children aged 1-4 years old, for whom drowning is the leading cause of death.
- Adults aged 65 years and older across all races and ethnicities.
- Black individuals of all ages, reflecting broader disparities.
Types of Cases Handled by Our Drowning Accident Lawyers
Drowning accidents can occur in various environments and situations, often leading to severe consequences, including personal injury or wrongful death. Various factors contribute to these accidents, from negligence to unsafe conditions.
Some of the most common types of cases we handle include:
Swimming Pool Drownings
Swimming pools are a common site for drowning accidents, especially in residential areas where proper safety protocols are not always enforced. Drowning accidents in swimming pools can involve children or inexperienced swimmers who may easily become overwhelmed.
In such cases, property owners may be held liable if they fail to maintain safe conditions. A drowning accident lawyer from our law firm can assist families who have lost a loved one in a swimming pool injury or help victims pursue compensation for non-fatal drowning accidents.
Drownings in a Natural Body of Water
Natural water drownings occur in bodies of water such as lakes, rivers, and oceans. These incidents may result from factors such as strong currents, unexpected waves, or lack of supervision.
Drowning in a natural body of water can be more challenging to attribute liability, but our drowning accident attorneys can evaluate the circumstances surrounding each incident. If negligence is determined, it may become possible to file a wrongful death lawsuit against parties like local governments.
Boating and Watercraft Accidents
Accidents involving boats and other watercraft have the potential to lead to drowning incidents, especially when safety regulations are ignored. Factors such as intoxicated boating or exceeding capacity limits often lead to tragic outcomes.
Victims of a boating accident may face severe injuries or incapacitation, and the families of a drowning victim may be eligible to file a wrongful death lawsuit if negligence can be proven. Engaging with an experienced attorney is essential for navigating these complex cases and ensuring that those responsible are held accountable.
Bathtub and Spa Drownings
Drowning accidents can also occur in more contained environments like bathtubs and spas. These incidents can particularly impact young children, who may slip or become submerged unnoticed.
The legal repercussions surrounding bathtub drowning incidents often center on the responsibility of parents, guardians, or childcare workers. Our drowning accident lawyers can help determine liability and pursue the necessary compensation for injured parties or victims’ families.
Secondary Drowning Accidents
Secondary drowning occurs when a person inhales water into the lungs, leading to delayed respiratory distress. This can happen even after a seemingly minor incident where the individual appears to recover initially.
Symptoms may not manifest until hours after the event, making it crucial for parents, caregivers, and individuals to monitor for signs of trouble, such as persistent coughing or difficulty breathing.
Understanding the risks associated with these non-fatal drowning accidents is vital in ensuring timely medical intervention, as early recognition can significantly reduce the potential for severe outcomes.
Common Causes of Drowning Accidents
Drowning accidents occur with alarming frequency and can stem from various factors. Common causes include:
Lack of Supervision
One of the leading causes of drowning incidents, particularly among young children, is lack of supervision. Whether at private pools or a public venue, the absence of a responsible adult can significantly increase the risk of a drowning accident.
Parents and guardians must maintain constant vigilance to prevent their children from becoming drowning victims, as even a momentary lapse can have tragic consequences.
Negligent Pool or Property Maintenance
Negligent swimming pool or property maintenance is another factor contributing to drowning accidents. The property owner is legally obligated to provide a safe environment, including maintaining adequate safety measures such as secure fencing around swimming pools and ensuring proper upkeep of life-saving equipment.
Failure to adhere to these standards can lead to serious injuries or fatalities, leaving victims and their families to navigate the complexities of a drowning accident case.
Alcohol and Drug Use
Alcohol and drug use significantly increases the risk of drowning, particularly in recreational settings like pools and beaches. Impaired judgment and physical coordination can lead to dangerous situations, resulting in near-drowning incidents or fatal drownings.
Boating Under the Influence
Similar to alcohol use in a swimming pool, boating under the influence is a major contributor to drowning deaths and injuries. Operators of a watercraft who consume alcohol or drugs risk not only their safety but also the safety of passengers and others on the water. These situations can escalate quickly, leading to catastrophic outcomes for accident victims and their families.
Defective Pool Equipment
Defective or poorly maintained swimming pool equipment can also play a role in drowning incidents. Malfunctions in safety devices, such as alarms or drains, can leave vulnerable individuals at risk, elevating the potential for accidents.
Liability for a Drowning Accident Case
Drowning accidents present complex legal challenges, as liability varies based on the specific circumstances surrounding each incident. Understanding who may be deemed responsible is essential for the victim’s family to seek justice and recovery for medical expenses incurred.
Commonly negligent parties include:
Pool Operators and Lifeguards
Swimming pool operators and lifeguards have a duty to maintain a safe environment for all patrons. If a drowning or near drowning incident occurs due to their negligence, such as inadequate supervision or failure to implement safety protocols, they may be held liable.
In such cases, our legal counsel can assist families in navigating legal proceedings to recover maximum compensation for their losses.
Boat Owners and Operators
Owners and operators of boats are responsible for ensuring the safety of all on board. A drowning accident that results from impaired judgment due to alcohol consumption or failure to follow safety regulations can lead to substantial liability.
Victims or their families should contact an experienced attorney who understands the nuances of boating laws and personal injury claims to advocate effectively on their behalf.
Product Manufacturers (Defective Pool Equipment)
Defective pool equipment, such as malfunctioning safety devices, can contribute significantly to drowning incidents. If investigations reveal that faulty equipment led to the drowning, the manufacturers may be held liable for damages.
Government Entities (If Public Pools or Beaches)
In the case of public pools or beaches, government entities may also face liability if the facilities they operate fail to meet safety standards. If the negligence of these entities leads to injury-related deaths or a near-drowning accident, victims’ families can pursue claims against them for recovery of damages related to medical treatments and other expenses.
The Role of a Drowning Accident Lawyer
An experienced drowning accident lawyer can play a pivotal role in ensuring that victims and their families receive adequate compensation for their losses. Below are some of the most important steps our law firm will take to protect your legal rights following a drowning incident.
Investigation and Gathering Evidence
A thorough investigation is critical. Our skilled accident attorneys will conduct a comprehensive review of the accident scene, often utilizing reconstruction techniques to understand the circumstances surrounding the incident.
Gathering witness interviews can provide vital corroborating testimony, while reviewing safety records and maintenance logs helps establish a history of the premises. It is also essential to obtain medical records and, if applicable, autopsy reports to build a strong case for the drowning accident victim, particularly when children are involved.
Determining Liability
Proving negligence or wrongful conduct is a key focus in drowning cases. An experienced lawyer will identify all responsible parties, which may include private pool owners, manufacturers of defective pool equipment, or public entities if the accident occurred in a public facility. This identification is crucial in determining premises liability and holding the correct party accountable.
Calculating Damages
Our law firm will assess various forms of compensation, including medical expenses, funeral costs, loss of income, and non-economic damages related to pain and suffering or emotional distress. In instances of gross negligence, punitive damages may also be pursued to penalize the responsible party.
Negotiating with Insurance Companies
Law firms negotiate with insurance companies, advocating for fair compensation that truly reflects the impact of the tragedy on the victim’s family. Being experienced in drowning cases, we know the tactics insurers often employ to minimize payouts and can strategically counteract these approaches.
Filing a Lawsuit and Litigating in Court
If negotiations do not end up leading to adequate compensation, our lawyers will be prepared to file a lawsuit and represent clients in fatal drowning or personal injury lawsuits. We will ensure that all aspects of the case are addressed and advocate aggressively for the rights of their clients in court.
Seeking Compensation After a Drowning Accident
In the aftermath of a drowning accident, determining liability is essential to seeking compensation. The legal process can be intricate, requiring an understanding of the different types of damages that may be pursued.
Types of Compensation
Understanding the various types of compensation available is essential for victims’ families. The most common types include:
- Wrongful Death Damages: In cases where a drowning incident leads death, families may pursue wrongful death damages. These are designed to compensate survivors for emotional distress, funeral and burial expenses, and the loss of companionship, among other considerations.
- Survival Action Damages: If the victim experienced pain and suffering prior to their death, survival action damages can be sought. This allows for the recovery of medical expenses incurred before the incident that led to the victim’s passing.
- Personal Injury Damages: For incidents resulting in injury rather than death, personal injury damages can be claimed. This may include compensation for medical bills, lost wages, pain and suffering, and any long-term rehabilitation the victim may require.
Statute of Limitations
Understanding the time limits for filing a drowning accident lawsuit, known as the statute of limitations, is crucial for families seeking compensation in drowning cases. Each state imposes specific timeframes within which legal actions must be initiated, and these periods can vary significantly based on the jurisdiction.
These deadlines are usually between one and three years, though some states have longer periods. Certain situations will make these deadlines shorter or longer as well, like when children are involved in the accident.
Contact a Drowning Accident Lawyer Today!
Dealing with legal claims related to drowning can be confusing, especially during a time of grief. It is critical to consult with an experienced drowning lawyer who can provide the necessary guidance and support. At Rosenfeld Injury Lawyers, we will help you understand your rights, assess the viability of your case, and navigate the legal system on your behalf. We can also ensure that all necessary evidence is collected, deadlines are met, and your case is presented effectively.
If you believe you have a case, do not hesitate to reach out for a free consultation. Call us at (888) 424-5757 or complete our online contact form to get started and speak with a drowning accident lawyer. Our law firm works on a contingency fee basis, meaning you won’t owe us anything unless we help you recover compensation.
Resources: [1] CDC