Preparing to Take Action: An Overview of Drowning Accidents

People often associate the term “drowning” with “death,” but most drowning accidents aren’t fatal. In medicine and law, drowning is better defined as a process of respiratory impairment. It can begin seconds after water or another liquid enters the lungs and can have many different outcomes.

Drowning accidents can be placed into either of the following categories:

1. Non-fatal drownings, or drownings that do not end in death; and
2. Fatal drowning, or drownings that do end in death.

If drowning is non-fatal, victims may experience symptoms ranging from short-lived feelings of fear to intense physical pain. Even if a non-fatal drowning does not cause any lasting damage to the body, it can still serve as a source of intractable emotional trauma.

Some drownings, especially those that keep the brain starved of oxygen for longer periods, cause more significant complications—including the risk of permanent disability.

In a worst-case scenario, drowning can kill.

What You Need to Know About Filing a Drowning Accident Lawsuit in New York

Drowning accidents are typically underlain by a complex combination of risk factors, which can make determining fault anything but straightforward. Even when drownings occur in very familiar settings, like an in-home hot rub or community pool, victims often had good reason to believe that a particular facility or product would provide a greater measure of safety.

In New York, families don’t have to accept the financial responsibility of paying for a drowning accident that was not their fault. You could be entitled to significant compensation if any of the following caused your accident:

1. A poorly-designed or defective swimming pool, hot tub, or other product;
2. An improperly-installed swimming pool or water safety device;
3. An inattentive or negligent property owner who failed to address obvious safety deficiencies;
4. An inattentive or negligent property owner who failed to anticipate and mitigate foreseeable risks; or
5. Another person, or party, whose negligence caused or contributed to the accident.

Why You Can’t Afford to Take Your Chances with a Drowning Accident Lawsuit

For most families, filing a drowning accident lawsuit is about much more than money: it is a chance to hold a wrongdoer accountable for trauma, loss, and the long-lasting consequences of another person’s negligence. In many cases, claims also provide an opportunity to develop policy changes that protect other people from enduring similar suffering.

But filing a claim doesn’t mean a case will move to trial or end on favorable terms.

Personal injury lawsuits can be explosive and usually present high stakes for everyone involved. Defendants are often fearful of the consequences of their actions and may hire a defense attorney to avert the possibility of bankruptcy. Even when wrongdoers express genuine remorse, their insurance company may try to protect its profits by relentlessly negotiating damages and challenging your right to fair compensation.

Hiring a lawyer gives you an advantage and will not cost you anything until your case is won.

Choosing the Right Attorney to File, Fight, and Win Your Lawsuit

Your choice of lawyer is as significant as your decision to hire one.

Although every attorney has gone to law school and passed a licensing examination, most don’t have experience litigating drowning accident lawsuits. Of those who do, not every attorney accepts every type of case. Some may simply work in a way that doesn’t suit your needs—they may be poor communicators or bill expenses beyond a standard contingency fee.

Always do your due diligence, and always prioritize the following qualities in a potential attorney:

1. Experience: You should only hire a drowning accident lawyer who has had substantial experience litigating claims similar to your own. The legal theory and precedent relevant to a defective hot tub claim is, for instance, substantially different from that involved in an inadequate supervision lawsuit.
2. Communication: Your lawyer should be results-oriented, but willing to assess legal priorities beyond potential compensation. During your initial consultation, don’t be afraid to ask direct questions. Which attorney will take your case? How often will you receive updates? If you have a question, who’s going to answer it—and how quickly?
3. Results: Experience and good communication make the most difference when they bear results. Ask friends and family for referrals, or look at an attorney’s website to see how they’ve resolved cases like yours. A drowning accident lawsuit is a big deal, and you deserve the best representation you can obtain.

Most personal injury lawyers offer free consultations, during which you can ask any questions you might have about their experience, the strength of your case, and your potential damages.