- Home
- Alexandria Personal Injury Attorney
- Alexandria Drowning Accident Attorney
Help For Drowning Accident Victims & Families
The Centers for Disease Control (CDC) reports that there are an average of 4,000 fatal and 8,000 non-fatal drownings in the US each year, equaling an average of 11 drowning deaths per day. Drowning is a leading cause of death for children.
A drowning accident can be one of the most devastating tragedies that can happen and leave families and loved ones floundering in grief and confusion. In Alexandria, where access to so many bodies of water, both indoor and natural, is so prevalent, drownings are not uncommon. When they happen, the families of victims often find themselves in need of an Alexandria drowning accident lawyer to help them seek justice and fair compensation.
An accident attorney can guide families through the claims process and help make sure that any responsible parties are held accountable for their actions that led to the unfortunate outcome.
Common Reasons Individuals Drown
Drowning accidents seldom occur without some underlying reason, and understanding these reasons is a crucial factor in building a legal case. While every accident is unique, most have one or more common causes.
These can include:
- No Supervision: Whether at a public pool or a private home, inadequate supervision of a pool and swimmers, especially children—can end in tragedy. All it takes is a momentary lack of attention to lead to a tragic accident.
- Defective Pool Equipment: Some pool equipment, like drains, diving boards, water slides, and other accessories, can become serious hazards if they aren’t properly maintained or manufactured. Malfunctioning equipment can hurt swimmers or trap them underwater, leading to serious injury or drowning.
- Insufficient Safety Measures: Facilities like public pools, waterparks, and hotels are required by law to enforce specific safety standards, like attending lifeguards (at all times), secure fences, posted safety rules and warning signs, and safety and emergency equipment. When these safety standards aren’t met or enforced, the risk of drowning greatly increases.
- Use of Alcohol/Drugs: Swimming while under the influence is extremely dangerous, as alcohol and drugs impair judgment, awareness, and physical coordination and ability (like swimming). The British Medical Journal reports that alcohol use among adolescents and adults is a factor in up to 70% of deaths associated with water recreation, like boating accidents or swimming, and nearly one in four drowning-related emergency department visits.
- Hidden Hazards in Natural Water Bodies: Rivers, lakes, and other natural bodies of water can pose many hidden dangers. Unmarked drop-offs, exceptionally strong currents, and a wide variety of underwater debris can all lead to drowning accidents, especially for inexperienced swimmers and those unfamiliar with the specific area.
If any of these causes (or others) are present, property owners can be held responsible and liable for any resulting injuries or fatalities. Your Alexandria drowning accident lawyer can look at the particulars of the situation and gather compelling evidence to prove that negligence played a role in the injury or death.
Who Can Be Held Liable for a Drowning Incidents in Northern Virginia?
Concluding who the liable party(s) are following a drowning accident can be complicated. Depending on exactly what occurred, multiple parties could be deemed to be accountable, including:
- Property owners
- Pool operators
- Manufacturers of faulty equipment
- Event organizers
The concept of negligence is often the deciding factor in determining liability when it’s one party’s failure to act responsibly that leads to harm to another.
For example, if a hotel fails to maintain proper fencing around its pool, it can be determined liable if a guest drowns due to their ability to access it. This is especially true when the victim is a child, as the pool will likely be considered an attractive nuisance. In a similar situation, a public pool operator could be found responsible if they don’t hire enough lifeguards to monitor swimmers at all times.
These are both cases of premises liability.
Even in natural bodies of water, government or private landowners can be held responsible for not providing clear warnings about known water hazards.
Sometimes, multiple parties will share responsibility for an accident, like if a pool contractor installs defective equipment and the property owner doesn’t inspect or maintain that equipment, both may potentially be held liable for an accident.
Schedule a Free Consultation
Were you or someone you loved injured in a drowning action? Contact the experienced legal team at Curcio Law to learn more about your legal options.
How an Alexandria Drowning Accident Lawyer Can Help
Working your way through the legal intricacies of a drowning accident can be confusing and overwhelming, especially when you’re dealing with grief and trauma.
An attorney’s first step in a drowning accident case will be to determine if negligence or recklessness led to the accident. They’ll gather evidence like witness statements, safety records, and any photographs or video, and call on expert testimony to establish fault. A drowning accident lawyer will likely investigate the scene and identify responsible parties to help build a strong case to take to court.
As well as proving liability, an experienced lawyer can calculate the full extent of your economic or noneconomic losses. Drowning accidents often lead to overwhelming medical expenses, lost wages, funeral costs, as well as physical and emotional suffering. In the case of a non-fatal drowning, a victim and their family may find themselves facing lifelong disability and the need for ongoing care and rehabilitation.
Your Alexandria drowning accident lawyer will fight to ensure that all relevant damages are investigated and considered.
Compensation Available to Surviving Family Members of Those Who Drown
If your attorney proves that someone else’s negligence was the cause of your accident, you or your family could be entitled to financial compensation for the costs and losses you’ve suffered. This compensation typically falls into two main categories:
- Economic Damages: These are assessable losses that occur specifically because of the accident. These can include medical expenses, cost of rehabilitation, lost wages or earnings, loss of earning ability or capacity, and funeral expenses. For non-fatal drownings, damages may also include the need for long-term care like physical therapy, modifications to your, and other necessary accommodations for any disabilities.
- Noneconomic Damages: These regard the emotional and psychological impacts caused by the accident. Noneconomic damages typically include things like pain and suffering, loss of companionship, emotional distress, and reduced quality or enjoyment of life. In cases involving wrongful death, the family may also seek damages for their grief and loss of consortium.
An experienced injury attorney who specializes in drownings will take into account all aspects of your situation and fight to secure a fair settlement or judgment for you. If a settlement can’t be reached through negotiation, they’re prepared to litigate your case in a court of law to make sure that you get justice and fair compensation.
Read Our Latest News
Statute of Limitations for Drowning Cases
You need to act quickly after a drowning accident. The Virginia personal injury statute of limitations gives you a limited window of time to file a lawsuit. For most personal injury cases, including drowning accidents, the limitation is two years from the date of the injury or death.
Waiting too long to file a claim can mean losing your right to pursue compensation. Your lawyer will make sure that your case is properly filed within the required time frame, allowing you and your family to seek the justice that you deserve.
Drowning accidents are often tragic, life-altering events that can leave you and your family facing huge emotional and financial challenges.
Let Curcio Law Support You After a Loved One Dies in a Swimming Pool Incident
Each Alexandria drowning accident lawyer on our team has the necessary legal knowledge and is equipped to provide the support that you and your family need to navigate this difficult time. From investigating your accident and negotiating a fair settlement to presenting your case to a judge, our lawyers will be invaluable champions in seeking justice and compensation for you and your family.
If you or a loved one has been involved in a drowning accident, contact us today and take the first step toward holding those responsible accountable and obtaining the support you need.
Free Consultations
Thank you for your interest! We are here to help.
Fill out the form below to request a consultation.