Every year, thousands of people in the United States die from drowning-related incidents; thousands more suffer serious and irreversible neurological damage as a result of near-drowning experiences. Young children are especially at risk. The Centers for Disease Control and Prevention (CDC) report that unintentional drowning is one of the leading causes of death among children under the age of 14.
At Hankey Marks & Crider, our Indianapolis drowning accident attorneys believe that many drowning deaths can and should be prevented: statistics show that nearly 20% of drowning deaths involving children occur in swimming pools where one or more certified lifeguards are on duty. Injuries may also be caused by defective pool hardware or by reckless behavior in the water or on watercraft.
If you or your family members have been hurt in a drowning-related incident, our Indianapolis drowning lawyers may be able to help you recover compensation from the responsible party.
Why You Need a Lawyer
You will then want file a wrongful death or personal injury claim, or civil lawsuit in order to establish liability on the part of the defendant whose negligence caused the injury or death and to seek monetary damages.
The Indiana legal system can be complex and pursuing a wrongful death claim in a drowning case can be difficult. It requires proof that another’s negligence is to blame. An experienced wrongful death attorney can help families more successfully pursue these types of claims.
Hiring an attorney as soon as possible is critical to winning your case. Documenting the circumstances of drowning are essential to proving liability, so involving a lawyer immediately will allow for proper investigation of the facts surrounding the incident. Evidence, such as witness statements need to be collected immediately before memories fade or are influenced by other factors. Because physical evidence may be lost or destroyed, hesitating to hire an attorney may prevent the claimants from discovering who is at fault for causing the drowning.
Why Choose Hankey Marks & Crider
If you or a loved one has been injured in a drowning accident, or you have tragically lost a loved one to drowning, you will need the most skilled professionals to recover damages for the expenses you incurred due to the accident, hold those responsible parties accountable, and seek justice for your family.
Hankey Marks & Crider has the resources to conduct a thorough investigation, that will include conducting witness interviews, searching for physical evidence and possibly seeking expert testimony. Our team of drowning accident attorneys will establish all of the facts of the claim and build a case to prove liability.
Our skilled negotiators will then communicate with the representatives of the liable party or parties and will work to reach the maximum settlement on your behalf. If we are unable to reach a fair settlement agreement, then will aggressively pursue your case in court.
Hankey Marks & Crider is dedicated to pursuing justice for drowning victims and their families. We will work tirelessly to hold the responsible parties accountable for their part in the accident that caused the injuries or death of you or your loved one.
Cases We Handle
Rely on the experience of Hankey Marks & Crider to aid you in filing a claim against the responsible parties. The claim is filed by the victim, or if a child had the drowning accident, then the victim’s parents or guardian files the claim. If the victim did not survive the drowning, then his or her family or estate files the claim on their behalf to seek a court judgment of liability and damages for the untimely death of their loved one. We handle cases such as:
Owners and operators of places where children and others swim are required to maintain safety standards, warnings and reasonable care when visitors are in the water on their property. If their lack of reasonable care caused your drowning accident, then you need to discuss your case with an attorney.
Contact a drowning injury lawyer to discuss your case if you or a loved one was injured in one of these types of accidents. Pursuing a case will help to ensure that more people and facilities put the best possible safety standards in place to prevent future drowning incidents.
Drownings are described as a respiratory impairment due to being in or under a liquid. They can be quick, subtle and silent, and can happen in any body of water, or even occur after the victim is already out of the water. Typically only a few people are able to wave their hands or call out for assistance. That is why a high standard of care is necessary around water or swimming areas.
Drowning symptoms include problems breathing, vomiting, confusion or lack of consciousness. Remarkably, symptoms may not appear until up to six hours after the incident. Low body temperature, aspiration of vomit or acute respiratory distress syndrome may lead to complications in any drowning accident. Drownings may result in ongoing health problems or death.
The compassionate attorneys at Hankey Marks & Crider understand what you and your family may be going through and are available to help you move forward in seeking justice and focusing on your recovery.
Compensation for Your Tragedy
Drowning accidents can be devastating both emotionally and financially. On the one hand, you face the loss or permanent disability of a loved one; on the other, you may be saddled with a lifetime of high, ongoing medical expenses.
Types of compensation you could recover for your economic and noneconomic damages include:
- Current and future medical expenses
- Rehabilitation costs
- Loss of earnings, future earnings and earning capacity
- Emotional trauma
- Pain and suffering
- Injuries to family members of victims
- Loss of enjoyment of life
- Loss of companionship or care
- Counseling or therapy expenses for the loved ones
- Punitive damages
- Funeral and burial expenses
- Legal expenses
Determining damages can be very subjective and difficult to calculate. Each victim and the circumstances of each case is entirely unique.
In many situations, your best course of action may be to contact an experienced Indianapolis drowning accident lawyer from Hankey Marks & Crider. With professional legal representation, you are better able to win compensation for the emotional and financial burdens associated with a tragic drowning accident.
Frequently Asked Questions
We know that you have questions, and our attorneys are here to help answer them. Call us at (317) 634-8565 or reach out to us online to schedule a free consultation to discuss your situation. Want to know more? Read below to find out a few general tips for drowning accidents and how to take legal action.
What do I do after the accident?
Of course, you need to first seek medical attention and take care of the most immediate family needs. Then, beginning as soon as you can, document everything you can about the accident, gathering all medical records, police reports, and all other relevant information and images. Do not agree to or sign anything, but call a drowning accident attorney as soon as possible.
Am I facing deadlines to file a claim?
According to Indiana’s statute of limitations, and with some exceptions for victims who are unconscious or in a coma, a personal injury or wrongful death claim must be filed within two years of the date that the injury or death occurred.
How do I prove a drowning accident case?
Successfully winning damages for a drowning case requires proof that another’s negligence is to blame. You will have to prove that the responsible party caused the accident by breaching a standard duty of care, that the death or injuries were caused by the drowning accident, and that your damages were a direct result of the drowning accident.
Our Indianapolis drowning attorneys will thoroughly investigate the circumstances surrounding your case and determine who is legally liable for the damages you have suffered. We fight to hold the responsible parties accountable. The team at Hankey Law is committed to pursuing justice for drowning victims. To consult with an Indianapolis drowning accident lawyer today, contact Hankey Marks & Crider at (317) 634-8565.