5 Steps to Take After a Child Drowning Accident

1. See the Doctor and Follow Through on Referrals

Drowning isn’t always deadly, but even non-fatal accidents can have lifelong repercussions.

Although few parents are willing to take chances when it comes to their child’s chances of recovery, managing the aftermath of a traumatic incident isn’t easy. Even if you’ve already taken your child to the hospital, your next steps may be uncertain. Doctors don’t always consider family finances, and the recommendations you’ve received—for therapy, physical rehabilitation, or expensive prescription medications—could cost more than most New Yorkers can afford.

If another party’s act of negligence caused your child’s accident, whether because they failed to provide sufficient supervision or because their facilities were inherently unsafe, you could obtain compensation through a personal injury lawsuit. But securing damages could be difficult if you deviate from your doctor’s orders—even if you have a good reason.

The “failure to mitigate damages” defense is frequently raised in drowning claims.

However, a Buffalo child drowning accident lawyer with experience could help you explore your options for assistance, before filing a lawsuit and after.

2. Report the Accident

If your child’s accident occurred at a private business, a public swimming pool, or another facility, file an accident report as soon as possible. Formal reports are typically written and should include details such as:

The time, day, and place of your child’s accident;
The circumstances of your child’s accident; and
Whether your child sustained injuries as a result of their drowning accident.

It is typically best to avoid providing unnecessary information if you write a letter or are provided with a report template. Avoid speculation, and only recount the facts.

You should contact an attorney before you file a report, as the property owner’s defense attorney or insurance carrier could interpret any of your statements as an admission of liability.

3. Collect and Protect Your Evidence

You can start collecting and compiling evidence, even if you were unable to obtain any from the actual site of the accident. Depending on the circumstances of your claim, relevant evidence could include:

Photographs of the dangerous condition, or conditions, that caused your child’s accident;
The names and contact information of other parents, or bystanders, who witnessed the accident;
Hospital records, including diagnostic reports, treatment plans, receipts, and recommendations for future care;
Any correspondence you receive from the property owner or an insurance company; and
A personal journal documenting how the accident has affected your life, your family’s financial circumstances, and your child’s well-being.

If you don’t have evidence or aren’t sure where to start, an experienced Buffalo drowning accident lawyer could help you initiate an investigation.

4. Don’t Rush into a Settlement, Even if Your Family Needs the Money

Insurance adjusters can move with surprising speed when they know a child’s family has a compelling claim, but they don’t always negotiate in good faith. Instead of offering you a fair settlement, the insurance company could:

Try to coerce you into providing a recorded statement, and then use your own words against you;
Demand access to your child’s medical records, attributing their injuries to a pre-existing condition; or
Present an early offer of settlement, which might cover your child’s medical bills but not account for other damages.

5. Contact an Attorney Before Making Any Big Decisions

Drowning accident claims can be complex, especially if a child was injured or lost their life.

Don’t take chances with your rights: contact the Dietrich Law Firm P.C. today to schedule your free consultation.