The New Definition of Drowning

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The New Definition of Drowning2021-07-29T07:28:41+00:00

The New Definition of Drowning

Did You Lose a Loved One in a Drowning Accident? You Can Depend on Us

The New Definition of DrowningWith summer approaching, it is vital that everyone adequately prepares and prevents the risks associated with pool-related accidents. Even Governor Newsom has urged all Californians to enjoy but remain vigilant around babies and young children. Unfortunately, accidents happen when we least expect them. In addition to understanding the legal requirements, knowing how swimming pool accidents are caused is a great start if legal action is a consideration down the road.

Swimming Pool Drowning Accidents
In California, drowning is the leading cause of injury-related deaths in children. According to the Department of Developmental Services (DDS) and the Drowning Prevention Foundation, near-drowning incidents result in long-term disabilities. Though, it is not just children that have fallen victim to drowning. 

To crackdown on improving safety standards, the universal definition of drowning was adjusted in 2005. Experts in the medical field collaborated with the World Health Organization to establish a new description that incorporated non-fatal incidents. It is as follows: “Drowning is the process of experiencing respiratory impairment from submersion/immersion in liquid,” (WHO).

Not all drowning fatalities are deadly, but when it occurs it has a devastating impact on victims. Physicians believe that in near-fatal drowning accidents, minutes after submersion, an anoxic brain injury can occur. It is similar to a stroke but is a form of brain damage. If you or your child drowned a personal injury attorney in Los Angeles would recommend that you predominantly focus on your health. When it is best for you, reach out to schedule a free consultation to take immediate legal action for compensation.

Non-fatal Drowning
Although fatal drownings are highly publicized, it is the near-drowning survivors who endure lifelong disabilities because of the lack of oxygen near the brain. There are varying degrees of brain damage, which include:

  • Coma: permanent loss of brain function, or brain death.
  • Cognitive disabilities: having trouble remembering information, and seeing a change in speech, and attention.
  • Impaired motor abilities.
  • Inability to control emotions and behavior.

During a legal assessment, an attorney may investigate to take a closer look at contributing factors in one’s case. For non-fatal drowning accidents, there should be evidence of respiratory impairment, for example, caused by the submersion. They will also look for changes in breathing patterns and alertness. To prove how the plaintiff’s functional capacity has changed following the swimming-related accident, a Los Angeles pool injury lawyer can compare the quality of life before and after the incident.

Warnings of Distress
So many drowning accidents are preventable, which is why it is such a tragedy when lives are lost. During an accident, victims normally don’t have time to call out for help nor flag down nearby swimmers. There are three ways a victim is classified:

Distressed Swimmers – show signs of panic and inability to keep their heads above water. They may call out or splash to indicate they need help.

Active Drowning Victim – cannot stay above the surface; their head may be tilted back, while their arms flap assertively.

Passive Drowning Victim – at this point, the victim is unconscious and beneath the surface.

Risk Factors: Common Causes of Drowning Accidents 
According to the Center for Disease Control and Prevention, the common causes of drowning accidents are:

Little swimming ability – when adults and children go for a swim without training or water safety knowledge, they risk drowning. Less than 30% of drowning victims reported knew how to swim.

No pool barriers – if there is a fence around the pool area that was intended to keep out trespassers, it can increase the risk of a child drowning by 83%.

Negligent supervision – normally public and private pools are always monitored by lifeguards. Adults should avoid swimming alone in this setting. On the other hand, children must always be supervised around the pool. If not, owners are liable for negligence when they get injured or drown in their swimming pool.

Alcohol consumption – alcohol use is responsible for 70% of water-related deaths. Like driving a motor vehicle, it affects your judgment regarding how long or far you can swim while under the influence.  

Negligence has always had a major role in drowning and non-fatal drowning accidents. Whether it may be the inability to keep the premises safe, or not paying attention to swimmers, the owner, company, or government entity must be held accountable. An attorney for drowning accidents in Los Angeles will determine if someone’s carelessness caused your injury or a loved one’s death. To prevent it from happening again, it is important to address them in court.

How Long Do I Have to File a Claim?
The answer to this question depends on the type of claim you are filing. If you suffered a personal injury claim, the state of California imposes strict two-year limitations. Similarly, a wrongful death claim allows plaintiffs to pursue legal action against negligent individuals two years from the date of passing. Some of the damages recoverable are:

  • Funeral expenses.
  • Loss of consortium.
  • Loss of financial security and income.

If you were a victim of a swimming pool accident, it is best to seek legal counsel immediately to discuss the next steps. The longer you wait, evidence may be lost or destroyed and your chances of compensation will weaken. The best thing you can do is allow your attorney to start an investigation while you focus on a swift recovery.

Why Choose Grey Law for Drowning Accidents?
“When it comes to getting you more, I won’t settle for less.” – David Grey

 Proving a swimming pool accident is not easy. In many circumstances, there may be several liabilities involved when you file your claim. Swimming pool accidents can be life-threatening and result in death when left untreated. Hiring a pool accident lawyer in Los Angeles will make a significant difference. When you or a loved one are injured due to negligence, carelessness, or wrongful acts of another person, David Grey is ready to help. Seeking compensation or negotiating with insurance companies can be stressful, especially while recovering. Let us do that for you.

Why do you need a lawyer for accident compensation? With thousands of lawyers in California, we understand it can be difficult to choose the right legal representation. We have 35+ years of experience and secured millions for our clients. From the time you retain our firm, we build your case. For a free case evaluation and consultation, reach out to us at 323-768-0497 or email info@greylaw.com.

Contact a Los Angeles Swimming Pool Accident Attorney

If you or a loved one was injured or killed in a swimming pool accident due to the negligence of another, then you may be eligible for compensation to cover any costs incurred due to this incident. At Grey Law, we understand how difficult it can be to deal with the repercussions of a swimming pool accident, which is why we urge you to get in contact with us so we can help you every step of the way.

Our team will do whatever it takes to make sure that the property owner is held responsible for your injuries. Medical expenses, pain and suffering, lost wages, and so much more can easily add on to your expenses stemmed from the accident. It should not be your responsibility to have to deal with the consequences on your own.

At Grey Law, we have acquired millions for our clients over the years and we have an abundance of experience that we are extremely proud of. We take pride in representing victims of personal injury cases of all kinds, including swimming pool accidents. We specialize in swimming pool accident cases and will make sure that our clients get the justice and compensation they deserve for their losses.

To learn more about how we can help you, feel free to contact our office any time to speak to a Los Angeles swimming pool accident lawyer.

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