Drowning accidents are among the leading causes of unintentional injury deaths, ranking as the third leading cause of death worldwide, according to the CDC (Center for Disease Control). Many of these cases involve acute drowning as per the World Health Organization. Therefore, there are 7 red flags that could hurt your drowning accident claim in case you or someone you know faces it.
Moreover, most drowning incidents result in fatal drownings, others lead to nonfatal drowning cases that can cause permanent disability, respiratory impairment, and damage to multiple organ systems. Therefore, it’s crucial to stay careful of such incidents and know your options.
If you or a loved one has suffered a drowning accident, securing compensation for medical care, long-term treatment, and rehabilitation may be necessary.
However, several red flags can weaken your personal injury claim and reduce your chances of obtaining justice. Understanding these factors affecting your case is crucial to ensuring a fair settlement.
Red Flags That Could Hurt Your Drowning Accident Claim
Following are some of the red flags that could hurt your drowning accident claim without proper guidance:
1. Failure to Prove Negligence in a Drowning Incident
To establish a drowning accident claim, proving liability is essential. Many drowning deaths occur due to unsupervised access, lack of safety measures, or failure to provide emergency medical services. However, if you cannot demonstrate that another party’s negligence directly led to the accident, your claim could be dismissed.
Common Liability Issues:
Inadequate pool safety:
If a home swimming pool or public swimming pool lacks proper fencing, safety covers, or pool drains with anti-entrapment features, the property owner may be held responsible.
Defective life jackets: If safety equipment fails to function as intended, the manufacturer could be liable.
Lack of emergency response:
Delayed or improper water rescue efforts by lifeguards or bystanders could contribute to fatal drownings.
Hazardous natural water environments:
Unmarked strong currents, marine life hazards, and cold water immersion risks must be adequately communicated.
Failing to document these warning signs of negligence can significantly harm your case. Most people propagate the myth documentation doesn’t matter. However,. that’s not true, here’s a full list of the 5 most common myths for a drowning case to keep in mind.
2. Misinterpretation of Autopsy Findings and Medical Reports
If a drowning victim passes away, autopsy findings play a crucial role in determining the cause of death. However, medical attention must distinguish between various pathophysiology drowning processes, including:
Dry drowning:
Water does not enter the lungs, but oxygen deprivation causes cardiorespiratory arrest.
Secondary drowning:
Water enters the lungs, leading to pulmonary edema and delayed respiratory impairment.
Cold water shock:
A sudden drop in body temperature may trigger sudden cardiac death.
Spinal cord injuries:
Common in diving accidents, often misclassified as motor vehicle crashes or trauma-related injuries.
If autopsy findings do not clearly establish a direct link between the accident and drowning-related complications, insurers may dispute your claim.
3. Overlooking Risk Factors Contributing to Drowning
Many risk factors increase the likelihood of a drowning accident, and failure to identify them can negatively impact your case. Insurance companies may argue that the drowning victim was at increased risk due to:
Seizure disorders:
Uncontrolled seizures in the water can cause a person to aspirate water and lose consciousness.
Alcohol use:
A major contributor to fatal drownings, particularly in natural water environments where cold water and varying degrees of submersion complicate survival chances.
Lack of formal swimming lessons:
If the victim did not receive formal swimming lessons, insurers may argue that their inability to tread water contributed to the accident.
Breath-holding practices:
Competitive swimmers or freedivers practicing prolonged submersion may experience carbon dioxide buildup, leading to blackouts.
Failing to account for these factors affecting drowning risk could allow insurance companies to shift blame onto the victim.
4. Delayed Emergency Response and Lack of Medical Documentation
The moments immediately following a near-drowning are critical. Emergency medical services must respond quickly to prevent long-term outcomes such as brain damage, metabolic acidosis, and multiple organ failure. However, several red flags can hurt your claim:
Failure to seek immediate medical attention:
If the victim did not receive urgent medical care, insurers may argue that the injuries were not severe.
Lack of vital signs monitoring:
Checking oxygen supply, heart rate, and respiratory function is crucial.
No record of pulmonary complications:
Lung injury due to aspirated water can develop hours after the accident. If medical reports do not document this, insurers may deny compensation.
Insufficient documentation of neurological damage:
Oxygen deprivation can cause central nervous system impairment, but missing records can weaken a claim.
5. Ignoring Drowning Prevention Responsibilities
Drowning is often preventable, and property owners or governing agencies have a duty to prevent drowning through safety measures. If a facility or municipality failed to:
- Install barriers around pools to prevent young children from gaining access,
- Provide lifeguards at public swimming pools or natural water environments,
- Implement disease control and prevention policies to reduce unintentional drowning risks,
then liability may be established. However, without proper evidence proving these failures, your claim could be rejected.
6. Neglecting the Long-Term Consequences of Nonfatal Drowning
Many drownings occurring in pools, lakes, and oceans do not result in immediate fatalities but instead lead to long-term treatment and disability. These cases involve nonfatal drowning injuries, which can cause:
- Permanent neurological impairment due to oxygen deprivation.
- Damage to multiple organ systems, requiring long-term medical care.
- Chronic respiratory issues, including pulmonary edema and recurrent infections.
Failing to highlight the long-term outcomes of nonfatal drowning in your claim could significantly reduce your compensation. It is a major factor in filing a drowning accident claim that you should keep in mind.
7. Lack of Public Health and Regulatory Compliance Evidence
If a public swimming pool or recreational facility did not follow Centers for Disease Control and Prevention (CDC) guidelines for disease control and prevention, they could be liable. Red flags that may weaken your case include:
- No record of routine pool inspections for chemical balance and sanitation.
- Failure to maintain water temperature regulations, especially in facilities prone to cold water immersion risks.
- Improperly maintained safety equipment, such as life jackets or pool drains.
Without documented evidence of public health violations, your legal claim may lack the necessary support.
Final Thoughts
A drowning accident claim requires strong legal and medical evidence to establish negligence, liability, and long-term damages. From proving the pathophysiology of drowning processes to addressing risk factors like seizure disorders, alcohol use, and lack thereof of safety precautions, avoiding these red flags is crucial.
Fight Your Drowning Accident Claim With BLG
If you or a loved one has been affected by a drowning accident, seeking legal assistance can ensure that you receive proper compensation for medical care, permanent disability, and loss of life. Addressing these technical and medical pitfalls, you can strengthen your case and hold the responsible parties accountable.
However, if you still feel you need help with your claims, our drowning accident attorneys at Bourassa Law Group are available for assistance all the time. We will guide you all about your case, ensuring you have a successful lawsuit.
We also provide complete guidance for such cases, so make sure you reach to us if you have questions,
1-800-870-8910