Chicago Drowning Accident Lawyer

If you or a loved one has suffered a drowning accident, a Chicago drowning accident lawyer from our personal injury law firm is ready to provide the legal representation you need to seek compensation for your injuries. Call our law firm for a free case consultation.

What Is Drowning?

According to the Centers for Disease Control and Prevention (CDC), drowning occurs when respiratory impairment results from immersion in liquid, preventing breathing. It is NOT always fatal and requires prompt medical attention.

What Causes Drowning Accidents?

The CDC cites negligent supervision as a common cause of drowning accidents in public and private pools. Inadequate barriers or fencing around pools can lead to unsupervised access to children, increasing drowning risks.

The risk of drowning can increase for a number of reasons, like lack of supervision, drinking alcohol or using drugs, not having flotation devices, underlying medical conditions, or defective pool equipment. Your attorney will determine exactly how the incident occurred when building a case for compensation or accountability.

Who Is Responsible for a Drowning in a Swimming Pool Accident?

Most swimming pool accidents occur because of negligence on the part of a person or entity. Responsible parties may include:

• Pool owners, such as the City of Chicago, gyms, water parks, or landlords, who must ensure pool safety and provide proper warning signs to prevent accidents
• Pool management, who are hired to maintain swimming pools in apartment buildings and on private property
• Maintenance crews or lifeguards, if they fail to prevent injury or death to swimmers
• Private pool property owners, who have a legal responsibility to maintain safe conditions to prevent drowning accidents
• Manufacturers, who may be held liable if drowning accidents occur due to defective pool equipment

What If Drowning Injury Victims Signed a Waiver to Use the Pool?

Pool owners of public and private swimming pools often use waivers to avoid liability for swimming pool accident cases. Courts may enforce clear, well-written waivers but often reject ones that are too broad or vague. Waivers must be clear, explicit, and concise and should include:

• The type of harm being waived
• The risks and activities involved
• The party being released from liability

What Are Common Causes of Drowning Accidents in Boats?

Negligence that can lead to a drowning in a boat accident includes:

• Alcohol use by boat operators
• Distracted or inattentive operators
• Dangerous ship deck conditions
• Failure to supply life jackets or other rescue devices
• Broken or malfunctioning breakwall lights and lighthouses
• Failure to issue weather-related warnings
• Inadequate maintenance of vessels

When Is a Fatal Drowning a Wrongful Death Case?

A fatal drowning is considered wrongful death when it results from someone else’s negligence or intentional actions. According to Illinois law (the Wrongful Death Act), to prove wrongful death, the victim must have died, the defendant’s actions must have caused the death, and the surviving family must rely on the deceased financially or emotionally.

What Can I Recover from a Fatal Drowning?

In a wrongful death lawsuit, you may be entitled to damages:

• Families may recover damages for funeral costs and loss of financial support.
• Families may recover medical bills prior to the death.
• Families of drowning victims can pursue compensation for emotional suffering and loss of companionship.
• Families may also seek compensation for mental anguish and emotional trauma.
• Punitive damages may be possible if the death was caused by intentional actions.

What to Do If You Suffer a Non-Fatal Drowning Injury

If you suffered non-fatal drowning injuries:

1. Seek medical attention.
2. Document the incident with photos. Gathering evidence quickly is critical to establishing liability in a drowning accident case.
3. Collect witness information.
4. Contact our drowning or swimming pool accident attorneys to consider a drowning accident lawsuit.

What Damages May Be Available in Legal Claims for Near-Drowning Accidents?

If you’ve been a victim of a drowning accident, you may be entitled to compensation. This can cover medical expenses, rehabilitation, and future medical needs. Legal claims can also provide financial support for lost wages if you’re unable to work after the incident.

Victims of drowning accidents can suffer catastrophic injuries, such as brain damage or spinal cord injuries, that can affect them and their families for the rest of their lives. If you have suffered major injuries, you may be entitled to damages for your pain and suffering, loss of a normal life, past and future medical expenses, caretaking costs, scarring and disfigurement, and current and future lost earnings.

How Can a Personal Injury and Wrongful Death Attorney Help?

A personal injury lawyer can be a powerful advocate on your side after a drowning accident. We handle the legal process, so you can focus on recovery. Here’s how our attorneys can help:

• We Investigate the Accident: We will conduct a thorough investigation to understand what happened and determine who is liable for the injuries.
• We Gather Evidence: Our lawyers will collect evidence (such as police reports, witness statements, and surveillance footage) to build a strong case. We also consult with water safety and forensic analysis professionals (when needed) to prove negligence.
• We Identify All At-Fault Parties: We work to identify potentially liable parties, which could include property owners, managers, or equipment manufacturers, to help maximize your financial recovery.
• We Fight for Maximum Compensation: We use our experience to negotiate a fair settlement that covers the full extent of your damages for your personal injury or wrongful death claim. If fair compensation isn’t offered, we can argue your personal injury lawsuit in court.

Our Chicago drowning accident attorneys represent victims of incidents at Lake Michigan, swimming pools, water parks, and more. We will guide you through the legal process and fight for the compensation you deserve.

How Long Do I Have to File a Drowning Accident Lawsuit?

In Illinois, the statute of limitations for filing a drowning accident lawsuit is generally two years from the date of the incident (735 ILCS 5/13-202). If the drowning accident occurred in a public pool or beach, the time limit to file a lawsuit is reduced to one year under the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/1-101.1).

Get Help with a Personal Injury Claim

If you or a family member has been injured in a drowning accident, seek legal representation for your accident claim as soon as possible. We are dedicated to fighting for the rights of victims and their families.

We provide representation on a contingency fee basis, meaning you don’t pay us anything unless we secure compensation for you.

We Offer Free Case Evaluations

When hiring a drowning accident lawyer, it’s important to assess their communication style, empathy, and specific legal strategy during your free consultation. Our legal team uses this meeting to review your case, explain your legal options, and answer your questions.

FAQ Drowning Accidents

How much is my injury or wrongful death claim worth?

Chicago drowning accident lawyers assess the value of your case based on the injuries sustained, the likelihood a jury will find the defendants liable, and whether the defendants have assets (like insurance or a high net worth corporation).

What do drowning statistics show?

Drowning accidents can happen in various locations, including swimming pools, lakes, rivers, and retention ponds. Near-drowning and fatal injuries are often due to negligence like inadequate supervision.

According to the National Drowning Prevention Alliance (NDPA):

• On average, there are 4,500 drowning deaths in the United States each year.
• For every accidental drowning death of a child, 7–8 more are treated for non-fatal drowning.
• Young children aged 1–4 are at higher risk of drowning in pools or nearby water bodies.
• Fatal drowning accidents are the #1 cause of preventable deaths for children ages 1–4 and the second leading cause of unintentional injury death for children up to age 14.
• Most boating fatalities are due to drowning.

Who is responsible for a drowning on Lake Michigan?

Negligent parties who recklessly cause a drowning incident, death, or serious injury on Lake Michigan can include:

• Boat owners—they must ensure safety devices are maintained and operators are competent.
• The City of Chicago—lifeguards at public pools and beaches issue swimming bans based on weather and water conditions. The city may be liable for drowning deaths unless swimming is illegal or outside its control.
• Beachfront property owners of breakwalls and harbors must maintain proper lighting to warn boaters at night.
• Liquor establishments can be liable if the boat captain or driver was over-served alcohol at a bar or restaurant. Injured victims may be entitled to damages under the Illinois Dram Shop Act.

How can I select the best lawyer for my case?

Hiring an attorney for a life-altering accident is one of the most important decisions you will make. A drowning victim or someone who has lost a loved one to drowning should contact an experienced personal injury lawyer with in-depth knowledge of premises liability law. Looking for a law firm with a proven track record in handling drowning cases is important due to their complexity and potential shared liability.