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Page 6 of 29 |
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Are there any money damages that are unique to swimming accident lawsuits? |
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According to the Centers for Disease Control, in 2001, 859 children ages 1 to 14 years died from drowning, and drowning is the second-leading cause of injury-related death for children ages 1 to 14 years. Nonfatal incidents can cause brain damage, which can range in severity from learning disabilities to coma. As with any kind of brain injury, the amount of damages will primarily depend on the injury’s severity. With permanently brain injured children, damages can be significant because of the number of years they will require special services and medical treatment.
When you are injured in an accident and you make a claim for damages, they are divided into economic and non-economic damages. Economic damages are those that are easily quantifiable, such as medical and hospital bills, rehabilitation expenses, ambulance expenses, prescription drugs, nursing home care, domestic services, lost employment income, increased living expenses, and loss of future income. Loss of future income can get complicated, particularly when a child is involved. For example, if Bill Gates suffers a brain injury in a pool accident, you can look at his previous earnings and make a determination of how much he might have made were he not injured. If instead, the injured person is a child from a middle income family, the loss of future income is purely speculative (uncertain or unpredictable). Economics experts are used in lawsuits to determine future loss of earnings estimates.
Non-economic damages are those that are not easily quantifiable and are paid for physical pain and suffering, mental and emotional suffering, inconvenience, disfigurement, loss of enjoyment of life and “loss of consortium” (the loss of company/love/relations with your spouse). In most states, there are no limitations when it comes to damages for pain and suffering, but that is changing. If you live in a state that places a limit on pain and suffering, that limit is the maximum you can get. In states that have such a limit, it is often in the amount of $250,000 or $500,000.
In addition to damages that are awarded to the injured patient, the patient’s family may recover compensation for loss of care, companionship, love and affection. If a swimming accident victim dies, family members may be compensated for the wrongful death. Wrongful death damages may include medical and burial expenses, loss of income, emotional suffering and loss of the deceased person’s companionship and affection.
A court can also order payment of punitive damages in a swimming pool accident. This is money that may be awarded in order to punish the defendant for his or her actions. This type of award is frequently difficult to obtain and usually requires a showing of willful, wanton or malicious action or where there was an evil motive, intent to injure, ill will or fraud. For example, let’s say you go swimming in your neighbor’s pool and suffer chemical burns all over your body. You learn that your neighbor intentionally added a dangerous amount of caustic chemicals to his pool specifically to injure a swimmer. In this situation, you would be in a good position to recover punitive damages.
You should speak with a personal injury lawyer at your earliest opportunity if you will want to file this type of claim. |
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