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 they do not pass away or lose consciousness.
Nonfatal drownings can still have serious repercussions. These accidents are associated with conditions including, but not limited to, the following:
- Cardiac arrest;
- Respiratory failure;
- Bacterial infection;
- Brain damage; and
- Anxiety, post-traumatic stress disorder, and other mental health conditions.
Treatments consisting different combinations of hospital care, physical rehabilitation, and therapy can pose very real financial challenges for most families.
However, you may not have to pay for treatment out-of-pocket.
The Different Types of Damages in a Drowning Accident Claim
You should never have to pay out-of-pocket for an accident that was not your fault.
If you, or your child, have been injured in a drowning accident that was not your fault, you have a legal right to file a claim for compensation against the person responsible for your accident. Depending on the circumstances of your accident, you could be entitled to damages for:
- Your existing or outstanding hospital bills;
- Anticipated costs of care;
- Physical rehabilitation;
- Mental health counseling; and
- Lost income from work.
These financial damages, predicated on actual or anticipated expenses, are termed “economic damages.” Many drowning accident victims are also entitled to “noneconomic damages,” which compensate for unquantifiable losses, including different forms of pain and suffering.
Compensation for Pain and Suffering
Pain and suffering damages often constitute a significant portion of drowning accident settlements. However, the term “pain and suffering” does not refer exclusively to physical pain or discomfort. Instead, state law and legal precedent define many different types of pain and suffering.
Types of Pain and Suffering Damages
In New York, pain and suffering damages typically fall into either of the following categories:
- Physical pain and suffering: Physical pain and suffering are caused by the impact of your physical injuries. In the context of a drowning claim, physical pain could include sensations endured while drowning or any suffering sustained from a secondary medical condition, such as pneumonia or a bacterial infection.
- Emotional pain and suffering: Drowning accidents can take a lifelong toll on survivors. Emotional pain and suffering is largely designed to compensate for the mental impact of an especially traumatic experience.
Some drowning accident claims may also include requests for pain and suffering damages related to:
- Loss of Enjoyment: Loss of enjoyment damages may be awarded if an accident, or accident-related injuries, make it difficult for a person to partake in activities that they used to enjoy. These damages are typically paid when an accident has a profound and noticeable impact on the victim’s quality of life.
- Loss of Consortium or Companionship: Immediate relatives of fatal drowning accident victims are sometimes entitled to damages for loss of companionship.
Collecting the Right Evidence for Your Claim
Anyone seeking compensation for pain and suffering must be able to provide compelling evidence of how an accident has affected their physical health and mental well-being.
Relevant evidence could include:
- Medical records;
- Testimony from a doctor, therapist, or other medical professional;
- Feedback from an expert witness;
- Personal journals, which may detail your symptoms or offer observations on challenges faced by your minor child; and
- Eyewitness input.
Contact the Dietrich Law Firm P.C. immediately so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!