Drowning Accidents and Wrongful Death Damages Standing in Wrongful Death Claims In New York State, only the executor of the decedent’s estate has standing to file a wrongful death lawsuit. The executor is the person, or party, who has been nominated to initiate probate, manage estate assets, and distribute inheritances.…
The Legal Definition of “Drowning” is More Expansive Than You Might Expect People often make the mistake of presuming that a person who has drowned is a person who has passed away. However, drowning is not always a fatal occurrence. In both medicine and law, the term “drowning” is used…
Drowning accidents can have far-reaching consequences. Unlike the sort of intense physical trauma inflicted in a car crash, the impact of drowning can be much more subtle, affecting survivors in ways that aren’t always easy to see from the outside looking in. These seemingly “invisible” symptoms can present stark difficulties,…
Drowning Accidents Drownings may be a leading cause of accidental death, but they are not always fatal. Medical professionals typically define “drowning” as any form of respiratory impairment caused by submersion in liquid. In other words, any person who struggles to breathe after inhaling water is technically drowning, even if…
Drowning is a leading cause of accidental death across the United States, but most drownings are non-fatal. However, even when a drowning incident doesn’t end in death, recovery does not always end after resuscitation. Even when survivors seem fine, risks abound. Here are five steps you should take to protect…
1. Pre-Litigation: Consultation and Investigation Preparing to take a case to trial is an intensive process. Before filing a lawsuit, you’ll likely need to schedule a free consultation with a drowning accident attorney. Even if you’re confident in your claim, a lawyer can typically help assess your chances of obtaining…
Drowning Doesn’t Just Mean Death The term “drowning” is closely associated with death, but most drownings are not fatal. In medicine and law, the definition of drowning is nuanced: it is not an outcome, but a process defined by “respiratory impairment from submersion [or] immersion” in water or another liquid.…
1. Understand that Drowning Isn’t Always Fatal Drowning is a leading cause of death for children around the world, but most drownings are not fatal. Instead, the term “drowning” can be used to describe any situation in which a person experiences “respiratory impairment from submersion [or] immersion,” whether in water…
Being involved in a car accident is stressful enough, but the prospect of a trial can feel overwhelming. Suppose you’re facing this situation in Upstate New York. In that case, understanding the process can ease your anxiety and empower you to make informed decisions. Our elite team of Buffalo, New…
Employers are typically in charge of overseeing employees and other staff members. Employers have a legal duty to the public to supervise their workers sufficiently. When an employer fails to exercise appropriate supervision, that business can be held liable through a negligent supervision claim. An accident victim may be entitled…