In the United States, around ten individuals lose their lives due to Wrongful Death drowning every single day, which has a significant impact on the lives of a great number of newly bereaved loved ones. A lawyer can determine whether or not you are eligible to file a wrongful death claim if you have suffered the loss of a loved one as a result of an incidence of drowning that might have been avoided owing to the carelessness of another individual.
Attorneys Specializing in Wrongful Death and Accidents Involving Drowning
Unintentional drowning is a substantial cause of Wrongful Death in the United States, ranking sixth among the main causes of death that are not the result of intentional actions. This presents a significant risk to the nation’s public health.
The majority of fatalities that are caused by drowning take place on residential premises, generally in swimming pools. This is particularly true with regard to victims who are children, who account for around 25 percent of all victims who drown.
It is possible for victims and Wrongful Death families to Wrongful Death life-altering repercussions as a result of drowning accidents. The survivors of nonfatal drowning are at a high risk of developing major and long-term health issues, but the survivors of fatal drowning injuries might suffer catastrophic emotional and financial ramifications for their loved ones who survive the incident.
Depending on the circumstances surrounding the drowning occurrence, the relatives of those who lost their lives as a result of drowning may have the legal right to bring a wrongful death case against the owner of the property where the drowning took place.
In the year 2015, for instance, a family in St. Louis was successful in filed a lawsuit against the middle school where their son, who was 12 years old at the time, had drowned in the school’s swimming pool while attending gym class.
In the event that you have suffered the loss of a loved one as a result of an avoidable drowning incident that was caused by the carelessness of another person, the attorneys at Florin|Roebig are able to evaluate the specifics of your case and decide whether or not you are eligible to file a claim for wrongful death compensation against the culpable party.
What are the causes of Wrongful Death?
The process of drowning is a kind of suffocation that takes place when a liquid covers a person’s mouth and nose, so preventing them from receiving oxygen. Due to the fact that very few individuals are able to wave their hands or shout for assistance, drowning will often take place unexplained.
Even while drowning may happen very fast, it is also possible for individuals to die from drowning injuries after the first episode if consequences of the drowning are not treated within a reasonable amount of time. A person who has been rescued from drowning may have a variety of symptoms, including anxiety, wheezing, vomiting, and loss of awareness and cognition.
Hypothermia, acute respiratory distress syndrome, hypoxia, brain and spinal cord damage, and aspiration of vomit are some of the frequent problems that may occur in situations when persons die from drowning-related complications. In other instances, individuals may die of drowning-related complications hours after the original occurrence.
There are several common places where people Wrongful Death and die:
- dwelling pools
- spas and hot tubs
- Baths, sinks (which may lead to baby drowning), ditches, ponds, rivers, and water parks
- Flooding catastrophes
- Accidents that occur on boats
In what ways are people most likely to Wrongful Death?
People who have easy access to water sources, such as pools or natural waterways like ponds and rivers, are more likely to drown than those who do not have such easy access.
About ninety percent of all fatalities that occur as a result of drowning occur in nations with poor and moderate incomes. On the other hand, regions in the United States, such as Florida, that are characterized by a high concentration of water parks, swimming pools, and Wrongful Death, have been recognized as regions that pose a high risk of drowning-related injuries and fatalities.
The Centers for Disease Control and Prevention
- inability to swim or swim properly
- participation in swimming pools at an early age
- deficiency in oversight
- absence of obstacles (such as fence around residential swimming pools)
- having a seizure condition and neglecting to use a life jacket, respectively
- swimming when under the influence of alcohol while swimming
It is possible for environmental variables, such as the availability of swimming pools and location, to bear the same amount of weight as human characteristics that may impact the danger of drowning, such as the inability to swim oneself. On the other hand, a person’s ability to swim or even be rescued from a drowning occurrence would not be sufficient to completely Wrongful Death them from dying as a result of drowning.
It is imperative that immediate medical treatment be sought out in the event that a person has been saved from a near-fatal drowning occurrence. This will ensure that the individual is appropriately evaluated for any potential medical issues. In the event that care is not received after a near-fatal drowning, it may lead to life-threatening effects such as cardiac arrest and respiratory arrest.
Victims of drownings of Minors Wrongful Death
When it comes to children and adolescents under the age of 15, drowning is the second leading cause of death that may be prevented. Children from one to four years old are at the greatest risk for drowning accidents that result in death.
The vast majority of drowning mishaps involving children take place on private premises, specifically in swimming pools, bathtubs, hot tubs, or sinks. Children who have preexisting medical disorders, such as epilepsy, may be at a greater risk of experiencing Wrongful Death and perhaps deadly consequences as a result of drowning.
These are some of the tips that may help avoid deadly drowning injuries:
the teaching of fundamental swimming skills to youngsters: Children who are in or near water should be supervised, the buddy system should be used, Wrongful Death resuscitation (CPR) should be learned, and lifejackets should be worn while swimming in open water sources.
Seeking Justice for the Unjustified Death Caused by Drowning
In the event that the drowning happened on the property of another individual, the family members of loved ones who have passed away as a result of Wrongful Death related to drowning may have the legal grounds to initiate a claim for damages.
To name a few examples of legal claims for drowning lawsuits:
A lack of care: Surviving loved ones of drowning Wrongful Death have the ability to file a lawsuit against another person on the basis of Wrongful Death if it is established that the defendant has violated their legal duty to the victim who drowned.
A public pool that does not have a lifeguard on duty is an example of this. Another example is a daycare or elementary school that does not have enough supervision for its students.
Depending on the location of the Wrongful Death, the owner of the property, and several other contextual elements, the legal responsibilities that are due to victims of drowning, which are often referred to as duty of care, may vary.