A drowning incident may seem like just a tragic accident, but many of these instances could have been prevented.
If another person’s negligence led to a drowning or near-drowning event, you have a right to pursue financial compensation for medical expenses, pain and suffering, and other losses. A drowning accident attorney can help you pursue a claim against the negligent property owner or other liable parties.
Dealing with the legal system after a tragic event like a drowning can be extremely stressful. Triumph Law can help you through every stage of the legal procedure, from filing a claim to representing you in court. You don’t have to face this difficult situation alone.
Injuries We Commonly Claim in Drowning Accidents
The Centers for Disease Control and Prevention also reports that each year there are about 8,080 accidental drownings in the United States.
Drowning has a profound impact on individuals and their families and can often lead to long-term physical and emotional trauma. Survivors of drowning incidents are left with potential long-term injuries that require time and resources to treat.
Speaking with a drowning accident attorney is important to learn your legal options, as care for these injuries can be costly. Some of the most common injuries we see in drowning accident lawsuits include:
Brain Damage
Brain damage is one of a drowning victim’s most serious possible outcomes. Brain cells require oxygen to survive, and during a drowning incident, the individual may be deprived of oxygen for an extended period of time as they struggle for air.
Aside from cognitive difficulties associated with these changes in the brain’s function and structure, survivors may also suffer motor deficits such as
- Paralysis
- Speech problems
- Vision issues
- Personality alterations
Medical therapies can be costly if this disturbance leads to memory loss, learning impairments, or a decline in motor skills. A drowning accident lawyer can help to ensure you receive the compensation you need to manage these medical expenses.
Other Life-Threatening Injuries
Other complications or conditions may occur in a near drowning. Other serious injuries that can occur after a near-drowning incident are:
- Traumatic Brain Injury (TBI)
- Acute Respiratory Distress Syndrome (ARDS)
- Hypothermia
- Hypoxia
- Head and Spinal Cord Injuries (CBI/ CSI)
Insurance companies are likely to argue or attempt to deny the severity of an injury. A lawyer with extensive experience in drowning accident claims can fight to get you the care and compensation needed to address these injuries.
Our services can improve the prospects for clients who have few medical care options to get their injuries properly and promptly addressed.
We are skilled in assisting patients in locating the medical care they require in order to achieve the greatest possible recovery.
Negligence Can Lead to Drowning Incidents
Drowning accidents can occur in both public and private aquatic facilities due to various safety issues. Without adequate planning and proper preventive measures, these situations may be vulnerable to danger if things go awry.
Lack of Supervision
In public swimming areas, some examples of drowning hazards are:
- Lack of proper training for lifeguards or other staff members
- Not enough lifeguards or supervision at public swimming pools, water parks, or other facilities
- Overcrowded, over-capacity swimming areas
These situations can put swimmers at risk. To prepare for these accidents, aquatic centers should have a disaster plan as well as emergency equipment ready at all times. A drowning accident lawyer can investigate your situation and help to determine if negligence was a factor.
Missing or Inadequate Pool Fencing
Pools are often known as an “attractive nuisance.” Children are naturally attracted to water, and care should be taken to block their access with proper fencing when adults are not available to supervise.
Without the correct fencing, a little child may wander into the area and fall into the pool. A property owner could be held responsible for these drownings in some cases. A drowning accident attorney may be able to help you file a premises liability claim to pursue damages.
Equipment Failure
Equipment used in swimming pools, such as pumps and water jets, must be regularly serviced and inspected to ensure they are operating as expected.
These problems can be deadly because they can pull or hold swimmers underwater. The drains can pull hair or suction a swimmer to the bottom of the pool if they aren’t functioning correctly.
A personal injury lawyer can help you file a premises liability case if the pool components were a factor in a drowning accident.
Damages in a Drowning Accident Claim
An attorney can pursue your claim and negotiate with the insurance companies involved to maximize the damages you collect. If we are unable to reach a sufficient settlement, we can pursue your claim in court.
It is possible to seek compensatory damages for the following in a drowning accident:
- Medical costs, current and future
- Lost wages, loss of earning capacity
- Pain and suffering
- Accessibility adaptations to your home if necessary
- Loss of enjoyment
- Emotional trauma
- Funeral expenses in cases of wrongful death
Other circumstances that could involve negligence are possible. It’s always wise to consult with a lawyer if you, your child, or a loved one were injured or killed in drowning. An attorney can help identify the causes and all sources of liability.
Contact a Personal Injury Law Firm to Discuss Your Drowning Accident Claim at No Cost
Every summer, these tragic incidents bring repercussions on those affected and their families. Although not every drowning accident is grounds for a wrongful death or a personal injury claim, it is important that the facts of the case are carefully evaluated to understand what happened.
If you believe your child or loved one was exposed to negligence that caused them to suffer harm or drown, you may be eligible for compensation. To find out more, reach out to us today.
Triumph Law is prepared to provide you with the thorough legal representation necessary to recover maximum compensation for your loss. Contact us today and arrange a case consultation with one of our attorneys.
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