When a drowning accident changes your life forever, you need an experienced legal team who understands both the devastating impact and the legal complexities involved. At Willens & Baez Personal Injury Lawyers, our Chicago drowning accident attorneys have secured millions in compensation for families affected by preventable water-related tragedies.
Founding attorney Matthew Willens and our legal team have decades of experience handling complex drowning cases throughout Chicago and Illinois. We’ve successfully represented clients in cases involving swimming pool accidents, Lake Michigan incidents, boating accidents, and other water-related injuries. Our track record includes a $15.8 million verdict for a pedestrian accident and multiple seven-figure settlements, demonstrating our ability to secure maximum compensation for our clients.
Free consultation available 24/7. We don’t get paid unless you win your case. Call us today at (312) 957-4166.
The Rising Danger of Drowning Accidents in Chicago
Drowning accidents are becoming increasingly common and deadly. According to the Centers for Disease Control and Prevention, over 4,500 people drowned each year in the United States from 2020 to 2022. That’s 500 more deaths annually compared to 2019.
The statistics are particularly alarming for vulnerable populations:
- Drowning increased by 28% among children ages 1 to 4 in 2022 compared to 2019
- Drowning is now the number one cause of death for children ages 1 to 4.
- Among black people, drowning rates increased 28% in 2021 compared to 2019.
- Adults ages 65 to 74 experienced a 19% increase in drowning deaths.
Here in Illinois, the situation is concerning. In 2024, Illinois had 101 accidental drowning deaths, including 14 children. The Illinois Department of Children and Family Services reports that for every child who dies from drowning, another eight have to get emergency department care for non-fatal drowning incidents.
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Where Drowning Accidents Happen in Chicago
Swimming Pool Drowning Accidents
Swimming pools present the highest risk for young children. According to the American Red Cross, 87% of drowning deaths among children younger than five occur at a home pool or hot tub. Pool accidents often result from:
- Inadequate supervision or absent lifeguards
- Broken or missing pool barriers and fencing
- Defective pool equipment or drain covers
- Overcrowded conditions
- Poor maintenance of pool facilities
- Lack of proper safety equipment.
Chicago has strict pool safety requirements. The City of Chicago Department of Buildings requires pools deeper than four feet to have unobstructed walking areas, non-slip surfaces, and fences at least five feet tall with self-latching gates.
Lake Michigan and Chicago Beaches
Lake Michigan presents unique dangers for Chicago residents and visitors. The Great Lakes Surf Rescue Project documented multiple drowning incidents at Chicago beaches in 2024, including deaths at Foster Beach, 31st Street Beach, and other popular lakefront locations.
Common causes of Lake Michigan drowning accidents include:
- Dangerous currents and rip currents
- Cold water temperatures causing hypothermia
- Inexperienced swimmers venturing too far from shore
- Lack of lifeguard supervision during off-hours
- Alcohol impairment
- Boat accidents and capsizing incidents.
Other High-Risk Locations
Drowning accidents in Chicago also occur at:
- Hotel and apartment complex pools
- Water parks and recreational facilities
- Chicago Park District pools and facilities
- Hot tubs and spas
- The Chicago River and its branches
- Construction sites with standing water
- Retention ponds and water features.
Who Can Be Held Responsible for Drowning Accidents?
Determining liability in drowning cases requires thorough investigation and legal expertise. Potentially responsible parties include:
Property Owners and Operators
- Private homeowners with pools
- Apartment complex and condo management companies
- Hotels, resorts, and recreational facilities
- Water parks and amusement venues
- Marina and dock operators
- Chicago Park District.
Professional Service Providers
- Lifeguards and aquatic staff
- Pool maintenance companies
- Swimming instructors and coaches
- Security companies responsible for pool access
- Childcare providers and camp operators.
Product Manufacturers
- Pool equipment manufacturers
- Defective drain cover producers
- Faulty pool ladder or slide manufacturers
- Flotation device companies with defective products.
Government Entities
- City of Chicago for beach safety failures
- Chicago Park District for inadequate supervision
- Illinois Department of Natural Resources
- Coast Guard for navigation hazard failures.
Illinois Laws Protecting Drowning Victims
Several state and federal laws provide protection and legal remedies for drowning victims in Illinois:
- Illinois Premises Liability Act: Holds property owners liable for unsafe conditions
- Illinois Wrongful Death Act: Allows families to recover damages for death caused by negligence
- Illinois Swimming Facility Act: Regulates public pool design and operation
- Virginia Graeme Baker Pool and Spa Safety Act: Federal law requiring anti-entrapment drain covers.
Damages Available in Chicago Drowning Cases
Economic Damages
- Past and future medical expenses
- Rehabilitation and therapy costs
- Lost wages and future earning capacity
- Caretaking and assistance expenses
- Medical equipment and assistive devices
- Funeral and burial expenses (in wrongful death cases).
Non-Economic Damages
- Pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Disfigurement and scarring
- Loss of companionship (in wrongful death cases)
- Loss of consortium.
Punitive Damages
In cases involving particularly reckless wrongdoing or intentional conduct, the court may award punitive damages as a form of punishment for the wrongdoer and to deter similar behavior.
Steps to Take After a Drowning Accident
Immediate Actions
- Seek emergency medical attention. Even if the victim seems fine, drowning injuries can develop hours later.
- Call 911 and report the incident to create an official record.
- Preserve the scene if possible and safe to do so.
- Take photographs of the location, equipment, and any visible injuries.
- Collect witness contact information from anyone who saw the incident.
- Don’t sign any documents from insurance companies or property owners.
Follow-Up Steps
- Document all medical treatment and keep detailed records.
- Report the incident to property managers or facility operators.
- Contact an experienced drowning accident attorney as soon as possible.
- Avoid discussing fault or accepting any settlement offers before consulting with a lawyer.
Time Limits for Filing Your Case
Illinois has strict deadlines for filing drowning accident lawsuits:
- Personal injury cases: Two years from the date of injury
- Wrongful death cases: Two years from the date of death
- Claims against government entities: Notice required within one year.
Don’t wait to protect your rights. Contact our Chicago drowning accident attorneys immediately to ensure your case is filed within the required timeframes.
Why Choose Willens & Baez Personal Injury Lawyers
Proven Track Record of Success
Our Chicago drowning accident lawyers have secured substantial compensation for injured clients, including:
- $15.8 million verdict for a pedestrian accident victim
- $12.25 million settlement for a birth injury case
- $7 million settlement for surgical error
- $4 million settlement for failure to diagnose lung cancer
- $2 million settlement for premises liability
- Multiple seven-figure settlements for various personal injury cases.
Founding Attorney Matthew Willens’ Expertise
Matthew Willens brings extensive experience to every drowning case, having successfully handled complex personal injury matters throughout his 20-year career. His deep understanding of Illinois premises liability law, medical evidence, and insurance company tactics makes him particularly effective in drowning accident cases.
Comprehensive Case Investigation
We thoroughly investigate every aspect of your drowning accident, including:
- Obtaining police reports and emergency response records
- Interviewing witnesses and first responders
- Consulting with water safety and medical experts
- Reviewing pool maintenance records and safety protocols
- Examining product defects and equipment failures
- Analyzing weather and water conditions
- Documenting all medical treatment and rehabilitation needs.
No Fees Unless We Win
We handle all drowning accident cases on a contingency fee basis. This means you pay no attorney fees unless we secure a favorable settlement or verdict for your case.
Types of Drowning Injuries We Handle
Here at the Willens & Baez law firm, we’re thoroughly familiar with Illinois drowning cases, how they happen, and how negligence plays a part in many of them. We help victims and their families obtain justice through a civil claim for compensation. These are some types of drowning claims we handle:
Fatal Drowning and Wrongful Death
When a drowning results in death, families face not only devastating grief but also significant financial hardship. Our Chicago wrongful death attorneys help families recover compensation for:
- Medical expenses prior to death
- Funeral and burial costs
- Loss of future income and benefits
- Loss of companionship and emotional support
- Mental anguish and emotional distress.
Non-Fatal Drowning Injuries
Surviving a drowning incident often leads to severe, life-altering injuries requiring extensive medical treatment and rehabilitation. Common non-fatal drowning injuries include:
- Brain injuries from oxygen deprivation (hypoxic and anoxic brain injuries)
- Neurological damage affecting memory, attention, and motor skills
- Seizure disorders and epilepsy
- Respiratory complications and lung damage
- Cardiac issues and heart rhythm problems
- Coma or persistent vegetative state
- Psychological trauma, PTSD, and anxiety
- Speech and language disorders.
Secondary and Dry Drowning
These delayed drowning conditions can occur hours after water exposure. Secondary drowning happens when inhaled water causes lung inflammation, while dry drowning occurs when throat muscles spasm and close the airway. Both conditions require immediate medical attention and can be fatal without proper treatment.
Common Defenses and How We Counter Them
Insurance companies and defendants often use these defenses to minimize compensation:
“The Victim Assumed the Risk”
We challenge “assumption of risk” defenses by showing that the danger was hidden, that proper warnings weren’t provided, or that the risk was unreasonable.
“The Victim Was Intoxicated”
Even if alcohol was involved, we can still recover compensation by proving that the property owner’s negligence was the primary cause of the accident.
“The Parents Were Negligent”
In child drowning cases, we demonstrate that the property owner had the primary duty to maintain safe premises regardless of parental supervision levels.
“The Drowning Was Unforeseeable”
We use expert testimony and evidence of similar incidents to prove that the drowning was foreseeable and preventable with proper safety measures.
Frequently Asked Questions
Can I sue if my child drowned at a friend’s house?
Yes, homeowners have a legal duty to maintain safe premises. Their homeowner’s insurance typically covers drowning accident claims, not their personal assets.
What if there was a “No Lifeguard on Duty” sign?
Warning signs don’t automatically protect property owners from liability. They still must maintain reasonably safe conditions and may need lifeguards depending on the circumstances.
How long do drowning lawsuits take?
Case timelines vary based on complexity, but many cases resolve within one to three years. We work diligently to resolve cases as quickly as possible while maximizing your compensation.
What if the drowning happened at a government facility?
Special rules apply to cases against government entities like the Chicago Park District. These involve early notice requirements and sovereign immunity laws, which means it’s all the more crucial to have experienced legal representation.
Contact Our Chicago Drowning Accident Attorneys
Don’t face this difficult time alone. The Chicago drowning accident lawyers at Willens & Baez Personal Injury Lawyers are here to help you seek justice and secure the compensation you need to move forward.
Our award-winning legal team has recovered millions for personal injury victims, including multiple settlements exceeding $2 million and our record $15.8 million verdict. We understand the unique challenges of drowning cases and have the resources to take on insurance companies, corporations, and government entities.
Call us today for your free consultation: (312) 957-4166.
Available 24/7. No fees unless we win your case. All consultations are completely confidential.
Willens & Baez Personal Injury Lawyers: Fighting for drowning accident victims throughout Chicago and Illinois. When experience matters most, trust the attorneys who deliver results.
