No settlement can ever replace what you’ve lost, but we firmly believe every surviving family is entitled to compensation.
We welcome any surviving families of drowning victims to receive a free consultation today.
Why Hire a Denver Drowning Death Attorney?
Every day an estimated 11 Americans are killed in drowning accidents. The insurance and law community is sadly familiar with the devastating damage and pain caused to surviving families.
If someone else’s negligence caused the accident, then you may have grounds to file a wrongful death lawsuit.
In the case of drowning, wrongful death claims are usually made against property owners – such as school pools without lifeguards and dangerous hotel pools.
Wrongful death lawsuits see surviving families up against daunting insurance companies and fierce opposing lawyers. They are for-profit businesses that want to pay surviving families as little as possible.
Our Denver drowning death attorneys will fight aggressively on your behalf to win the maximum possible compensation. Equipped with legal expertise, specialist resources and impressive experience, we will bring your family the justice you deserve.
What Is a Wrongful Death Lawsuit?
If someone dies in an accident that wasn’t their fault, the surviving family can file a wrongful death claim.
Wrongful death claims are a type of civil action, allowing surviving families to recover damages such as funeral costs and suffering.
Wrongful death cases are not criminal cases. We won’t be determining whether someone should go to jail or be criminally charged. Instead, the claim pursues the responsible party for financial damages to compensate your family.
Who Can File a Wrongful Death Claim for Drowning?
In Colorado, drowning wrongful death claims can be filed by the following people, by order of priority:
- In the first year following death – only a surviving spouse may file.
- In the second year – the surviving spouse or any surviving children may file.
- If there is no surviving spouse or children – Surviving parents may file.
- The personal representative of the deceased – May file a ‘survival action’ to recover damages in the estate.
Child Drowning Deaths
Drowning is the leading cause of child deaths after motor vehicle collision deaths. It can happen at any time, especially if children are left unsupervised.
If you’ve lost a child in a drowning accident, we can’t imagine what you’re going through. But we are here to help your family recover compensation for damages such as missed wages, funeral expenses and much more.
You can contact us at any time for a free consultation.
Denver Drowning Death Statistics
- In 2020 alone, over 29 drowning deaths were reported in Colorado.
- 16 were caused by boating accidents and 13 by non-boating accidents.
- The CDC reports an average of 11 drowning deaths per day in the U.S.
- Drowning is a leading cause of death in children.
- 80% of drowning deaths are men.
- There are an estimated 3,960 annual drowning deaths in the U.S.
How Do Drowning Deaths Happen?
Drowning is a type of suffocation where water cuts off a person’s oxygen supply. Individuals can drown silently, as they cannot gain attention as they struggle to breathe or stay afloat.
While drowning usually happens instantly, some people are killed as a result of drowning injuries such as brain damage, hypothermia, acute respiratory distress syndrome, hypoxia, spinal cord injury and choking on vomit.
Common Sites of Denver Drowning Deaths
Drowning accidents can occur anywhere, but the following locations are reported as common locations:
- Baths
- Boating Accidents
- Ditches
- Flood Disasters
- Home Pools
- Hot Tubs
- Lakes
- Ponds
- Public Pools
- Rivers
- Water Parks
Seeking Justice for a Drowning Death in Denver
Our Denver drowning death attorneys can help surviving families file a wrongful death claim if another party can be found liable. To prove liability, you must show that the other party:
- Owed a duty to the victim.
- Breached that duty.
- The breach caused the victim’s death.
- OR that the person intended to harm the victim.
Negligence
If someone’s negligent behavior led to your loved one’s death, then they may be liable for damages. In drowning accidents, they may have had legal obligations to protect your loved one and failed.
These obligations are known as ‘duty of care’.
Who May Be Liable for a Denver Drowning Death?
Our Denver drowning death attorneys will conduct a thorough investigation to determine who is liable for your loved one’s death. This may include:
Public Pool Owners
Property owners and operators must uphold the safety of their property to protect visitors.
For example, if your loved one slipped on a broken pool tile and drowned as a result of hitting their head, then the pool owner could be liable for not fixing the tile or warning guests of its danger.
Private Property Owners
There are also various regulations that private pool owners must meet, such as installing fencing. Failure to do so could leave them liable. Four-sided fences are shown to reduce child drowning deaths by 83%.
These claims can have a lot of permutations, especially if the victim was a trespasser. Our Denver drowning death attorney can answer any questions and let you know what is possible.
Staff
Another example could be if a pool failed to have a lifeguard on duty or properly trained. Or the lifeguard may have been looking at their phone or not even been at their station.
Boating or Watercraft Accident Drowning
U.S. Coast Guard statistics from the past five years revealed an average of 39 annual recreational boating accidents in Colorado. Many of these include fatal drowning accidents.
The liable party will depend on the cause of the accident. For example:
- The boat operator (or another boat operator) caused an accident.
- The operator was under the influence of alcohol.
- The boat owner failed to have life jackets on board.
- A manufacturer for a faulty part
Drowning in boat accidents can also include:
- Accidents involving a water skier or person on a tow
- Accidents involving swimmers
- Carbon monoxide poisoning
- Collisions with objects or structures
- Collisions with other boats
- Falls overboard
- Fires
- Flooding incidents
If your loved one has been killed in a boating or watercraft accident in Denver, you may contact our Denver drowning death attorneys for a free consultation.
Damages You Could Recover for a Denver Drowning Death
Surviving families can receive economic and non-economic damages. Although nobody can put a figure on life, our Denver drowning death attorneys can recover compensation for the following damages:
Economic Damages
- Medical costs
- Funeral and burial costs
- Missed and lost wages
- Future earnings your loved one would have likely earnt
- Financial benefits as a result of the death
- Work wages and future earnings the deceased would have been likely to earn if they had lived.
- Financial benefits lost as a result of the death
- Childcare costs
- Transportation costs
Non-Economic Damages
- Loss of Enjoyment of Life
- Loss of Consortium
- Loss of Companionship or Parent
- Pain and Suffering
- Depression
- PTSD
- Mental Anguish
- Scarring / Disfigurement
- Long-Term Disability
- Potential Punitive Damages
- Property Damage
- Wrongful Death
Punitive Damages
In cases where someone intended to harm someone, or in extreme cases of negligence, then you may be able to pursue punitive damages.
Punitive damages punish the negligent party and provide additional compensation to surviving families.
Be Cautious of Early Settlement Offers
It is highly advised that you never accept an offer from an insurance company without consulting a Denver drowning death attorney.
Insurance companies often offer low-ball, insulting figures to surviving families because they may be unaware of the extent of their damages.
By speaking to our Denver droning death attorneys, we can help you receive the maximum possible payment.
Contact a Drowning Death Attorney in Denver, CO
Free Consultations
If someone close to you has been killed in a drowning accident in Denver, contact our Denver drowning accident attorneys as soon as possible.
With a combination of a proven track record, impressive financial resources, esteemed legal reputation and a compassionate approach, we believe there is no better team than Denver Personal Injury Lawyers.
