Miami

what to do after a drowning accident

After a drowning accident, there are several steps that should be taken. Outlined below is a list of steps parents and guardians should follow immediately after an accidental drowning as well as in the days and weeks afterwards.

1. Seek Immediate Medical Attention

If a child is found unresponsive, call 911 and seek immediate medical attention; an emergency dispatcher may give you instructions to begin CPR. In near-drowning cases, a child may still suffer from serious injuries when their brain is temporarily deprived of oxygen. For this reason, it is a good idea to have your child checked by a doctor to detect any injuries that may have incurred after their near-drowning.

2. Document the Accident

After a drowning accident, it may be devastating to think about documenting the accident and reliving the trauma. However, it is important to document the accident in order to understand how it occurred and pursue your legal case. This may include taking photographs of the scene of the accident and any broken equipment or fences that could have contributed to the accident, and obtaining the contact information of anyone who witnessed the accident occur.

3. Keep Track of Your Expenses

In order to help you receive the compensation you and your child may deserve after an accidental drowning injury, you will need to keep track of your expenses. This could include emergency transportation costs, hospital bills, and funeral costs, among other expenses.

Liability in a drowning accident

A drowning accident may occur for several reasons. A negligent lifeguard, a pool owner who fails to maintain their pool, or a product manufacturer may all be held responsible. In general, the people most commonly held liable in accidental drownings include:

Pool Owners

Pool owners are required to keep their property reasonably safe and notify visitors of any dangerous conditions. In the pool area, this could include ensuring that broken equipment is fixed or removed, posting proper signage about the depth of the water, and inspecting drains and other pool parts to check that they are safe and in working order.

If a pool owner discovers any unsafe conditions, then the pool should be closed down until it has been inspected and repaired. Pool owners who fail to repair dangerous conditions on their property and do not warn guests about these dangers could be held liable for a child’s injuries that occur because of these conditions.

Pool Employees

Employees must follow the duties laid out in their job descriptions, which could include lifeguarding and ensuring that everyone is complying with the safety rules. In general, if an employee is negligent, their employer will be liable for their actions.

Other Individuals

In some cases, other individuals at a hotel pool, water park, or a friend’s house may be liable for an accidental drowning. Horseplay, failing to follow established rules, and engaging in risky behavior can all cause harm to those around them. In other cases, an adult in charge of supervision may have stepped away, become distracted, or otherwise failed to watch the children under their care.

Product Manufacturers

When pool equipment, such as a flotation device, drain, or ladder, does not work as intended, the product manufacturer may be liable for the injuries that caused a victim to drown or suffer serious injuries.

Compensation you may be able to recover

The compensation you may be able to seek in a drowning accident case will depend on the extent of your child’s injuries and expenses. A drowning accident lawyer may be able to provide you with a more specific amount of what you may be entitled to recover. In general, you may be able to recover both economic and non-economic damages.

Economic Damages

Economic damages include the tangible financial damages that can be assigned a number. Typical economic damages include:

• Medical bills
• Rehabilitation costs
• Lost income (present and future)
• Loss of earning capacity

Non-Economic Damages

Although non-economic damages may be harder to calculate, they can oftentimes have more value than economic damages. These damages could include:

• Pain and suffering
• Emotional distress
• Disability

Punitive Damages

In cases where a defendant’s actions were intentional or seriously negligent and those actions resulted in the drowning of a child, punitive damages may be awarded in some circumstances. Punitive damages are meant to punish the defendant and discourage similar behavior in the future.

Faqs

How Can an Attorney Help Me?

A may be able to assist you and your family by investigating the accident and  interviewing witnesses; they are also essential when filing a lawsuit, negotiating a settlement, and going to trial, if circumstances prove necessary. Most importantly, our injury lawyers at Zinda Law Group recognize how difficult a drowning accident can be for surviving family members and will focus on meeting your legal needs while you and your loved ones focus on healing.

How Much Time Do I Have to File a Lawsuit?

If your child drowned and you need a lawyer to file a lawsuit against the other party, you need to be aware of the time limits, or statutes of limitations, that are in place. In Florida, you have two years to file a wrongful death lawsuit from the date of most personal injury accidents; however, if your child experienced injuries from a near-drowning, you have four years to file a personal injury lawsuit. It is best to contact a Florida drowning lawyer as soon as possible though, because that will give them more time to help you navigate the filing timeline, conduct a thorough investigation, and seek the compensation you and your loved ones may deserve.

Contact A lawyer who handles child drowning accidents

At Zinda Law Group, injury attorneys have helped many victims and their families receive the compensation they deserved after drowning accidents. We recognize that no amount of money can replace a child, but our drowning accident lawyers will work to relieve the financial toll that a drowning can have on a victim’s family. Our injury lawyers help clients seek compensation for hospital bills, funeral expenses, pain and suffering, and much more.

We believe an accident victim and their family should never have to worry about being able to afford legal representation. That is why we offer 100% free consultations, and why you pay nothing unless we win your case. That’s our No Win, No Fee Guarantee.

If your child was the victim of an accidental drowning in the Miami area, call Zinda Law Group at (800) 863-5312 to receive your free consultation with an injury lawyer near you.

Meetings with attorneys are available by appointment only.