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The #1 Chicago Drowning Accident Lawyer

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Tor Hoerman

Attorney Tor Hoerman, admitted to the Illinois State Bar Association since 1995 and The Missouri Bar since 2009, specializes nationally in mass tort litigations. Locally, Tor specializes in auto accidents and a wide variety of personal injury incidents occuring in Illinois and Missouri.

This article has been written and reviewed for legal accuracy and clarity by the team of writers and attorneys at TorHoerman Law and is as accurate as possible. This content should not be taken as legal advice from an attorney. If you would like to learn more about our owner and experienced injury lawyer, Tor Hoerman, you can do so here.

TorHoerman Law does everything possible to make sure the information in this article is up to date and accurate. If you need specific legal advice about your case, contact us. This article should not be taken as advice from an attorney.

Dedicated Lawyers for Negligent Drowning Accidents

A Chicago Drowning Accident Lawyer from TorHoerman Law helps families hold negligent property owners, organizations, or individuals accountable after fatal or life-altering drowning incidents.

If your loved one suffered harm or wrongful death in a preventable drowning accident, our legal team can help you pursue justice and financial recovery.

On this page, we’ll discuss the role of a Drowning Accident Lawyer, the common causes of drowning, how negligence can contribute to drowning incidents, how a drowning accident attorney can help seek justice and compensation from negligent parties, and much more.

The #1 Chicago Drowning Accident Lawyer; Meet Our Team of Experienced Drowning Accident Lawyers; Our Founder and Experienced Personal Injury Attorney_ Tor Hoerman; The Legal Process for a Drowning Accident Lawsuit in Illinois; Gather Evidence for a Drowning Accident Case; Damages in Drowning Accident Claims; Common Causes and Types of Negligent Drowning Accidents; Do You Qualify for a Drowning Accident Case; TorHoerman Law_ Your Experienced Drowning Lawyer

Do You Need Help from an Experienced Drowning Accident Lawyer?

Drowning accidents are among the most devastating and traumatic events a family can experience—especially when they occur because of someone else’s negligence.

A Chicago Drowning Accident Lawyer from TorHoerman Law helps families pursue justice after tragic incidents in swimming pools, retention ponds, lakes, hotel facilities, or other hazardous areas where property owners failed to protect visitors.

Whether the incident involves a drowning victim who lost their life or a near-drowning accident that left lasting injuries, our legal team is prepared to investigate what went wrong and identify all negligent parties involved.

These cases often stem from a lack of proper supervision, inadequate barriers or fencing, defective safety equipment, or failure to warn of known dangers.

In the most tragic situations, families may be eligible to file a wrongful death lawsuit to seek accountability and compensation for funeral costs, emotional suffering, and the irreplaceable loss of a loved one.

A drowning accident lawsuit can also provide financial support for medical care, rehabilitation, and future needs after a non-fatal event.

Our attorneys understand the overwhelming pain that surviving family members carry and approach each case with compassion and urgency.

We work to hold responsible parties accountable and help families take legal action during an incredibly difficult time.

If you believe your loved one was harmed in a preventable drowning, contact TorHoerman Law today to learn how we can help.

You can also use the chat feature on this page to find out if you qualify for a drowning accident case instantly.

Meet Our Team of Experienced Drowning Accident Lawyers

Eric Terry leads our team of Chicago drowning accident lawyers with a focused commitment to representing families affected by fatal drownings and near-fatal water-related injuries.

As an experienced drowning lawyer, Eric combines legal skill with deep compassion for grieving families who are going through the aftermath of a drowning death or near drowning accident.

With more than a decade of experience in personal injury law, he has successfully handled and investigated cases involving negligent drowning accidents and violations of safety regulations.

Eric and the attorneys at TorHoerman Law are dedicated to holding negligent parties accountable and helping the victim’s family pursue justice through a well-documented drowning accident claim.

At TorHoerman Law, we take a collaborative approach to every case involving drowning injuries or fatalities.

Rather than assigning a single attorney, we assemble a legal team tailored to the facts, location, and challenges of your claim.

Each attorney brings experience in litigation, evidence review, insurance negotiation, and wrongful death recovery to pursue the maximum compensation available under Illinois law.

This team-based method allows us to fully investigate how the incident occurred, identify failures in supervision or safety, and offer personal attention to families during an emotionally devastating time.

Meet Our Team of Experienced Drowning Accident Lawyers

Our Chicago Drowning Accident Attorneys include:

  • Alan Holcomb: A nationally recognized trial lawyer with a background in catastrophic injury and wrongful death litigation. Alan has secured major recoveries for families impacted by drowning deaths linked to unsafe property conditions and lapses in supervision.
  • Steve Davis: With over 30 years of litigation experience, Steve has handled high-stakes cases involving fatal drownings, unsafe recreational spaces, and public entity negligence. He is a powerful advocate for families seeking meaningful accountability.
  • Jake Plattenberger: As partner and head of our Chicago office, Jake has tried more than 35 jury cases and works closely with families on building fact-based, emotionally sensitive claims for compensation after a drowning tragedy.
  • Chad Finley: Chad’s combined legal and medical background helps in quantifying the long-term impact of a drowning death on the victim’s family, from emotional trauma to financial loss. He focuses on building claims that reflect the full weight of the tragedy.
  • Tyler Schneider: As managing partner, Tyler oversees strategy and client relations for drowning and wrongful death claims. His leadership ensures that every case remains focused, well-coordinated, and client-centered.
  • Rachal Rojas: Rachal leads our intake and client care team. She provides direct, compassionate support to families, helping them understand their rights and the legal process after losing a loved one to a preventable drowning.

At TorHoerman Law, our Chicago drowning accident attorneys are here to provide trusted legal representation and compassionate support when it matters most.

Our Founder and Experienced Personal Injury Attorney: Tor Hoerman

Meet Our Team of Experienced Drowning Accident Lawyers; Our Founder and Experienced Personal Injury Attorney_ Tor Hoerman

Tor Hoerman, founder of TorHoerman Law, is a nationally recognized attorney with more than 20 years of experience in personal injury cases.

He has dedicated his career to advocating for those harmed through no fault of their own, including elderly residents subjected to neglect and abuse in nursing facilities.

Tor has successfully secured billions of dollars in compensation for his clients, holding negligent corporations and individuals accountable for their actions.

Under his leadership, TorHoerman Law has built a reputation for compassionate representation and advocacy.

Our Drowning Accident Lawyers Get Results

In a recent case involving defective pool equipment, the drowning accident attorneys at TorHoerman Law secured a $25 million jury verdict.

Jake Plattenberger, Alan Holcomb, and Eric Terry delivered justice in a case dealing with a tragic situation that no family should have to endure.

A defective pool design led to the tragic drowning of a 2-year-old girl—an accident that was preventable.

This win is about more than compensation—it’s about ensuring companies take responsibility for dangerous products that put lives at risk.

We are honored to fight for families when they need us most.

How Much Does it Cost to Hire a Drowning Accident Lawyer from THL?

Hiring a drowning accident lawyer from TorHoerman Law costs nothing upfront because we work on a contingency fee basis.

This means you only pay legal fees if we secure compensation for you through a settlement or verdict. Our fees come out of the recovery, so there’s no financial risk to pursuing your claim.

This structure allows grieving families to focus on healing rather than worrying about legal costs.

It also ensures that our team is fully committed to building the strongest possible case on your behalf.

The Legal Process for a Drowning Accident Lawsuit in Illinois

In Illinois, families affected by fatal or near-fatal aquatic accidents may be entitled to compensation under several areas of state law.

Personal injury claims are governed by the Illinois Compiled Statutes, specifically 735 ILCS 5/2-1116, which addresses comparative fault and the recovery of damages.

When a drowning occurs due to hazardous property conditions or inadequate supervision, victims and families can pursue compensation under premises liability laws, which hold property owners and operators responsible for maintaining safe environments.

In the event of a fatality, the Illinois Wrongful Death Act (740 ILCS 180/) allows injury victims’ surviving family members to file a lawsuit for financial and emotional losses.

Claims may involve unsafe swimming pools, unsecured retention ponds, lifeguard negligence, or violations of local safety codes.

These cases are often complex and require a detailed investigation to determine liability, calculate damages, and identify all negligent parties.

Meet Our Team of Experienced Drowning Accident Lawyers; Our Founder and Experienced Personal Injury Attorney_ Tor Hoerman; The Legal Process for a Drowning Accident Lawsuit in Illinois

The Legal Process for a Drowning Accident Lawsuit in Illinois:

  1. Contact an Experienced Drowning Lawyer – Speak with an attorney who understands Illinois personal injury and wrongful death law to evaluate your case.
  2. Case Investigation – Your legal team will collect evidence such as witness statements, accident reports, medical records, and property inspection documents.
  3. Identify Liable Parties – Determine whether the property owner, management company, event staff, or other parties failed in their legal duties.
  4. File a Legal Complaint – A formal lawsuit is filed in civil court outlining the facts of the case, applicable legal theories, and requested damages.
  5. Discovery Phase – Both sides exchange evidence, depose witnesses, and gather expert testimony to build their arguments.
  6. Negotiation or Mediation – In many cases, a settlement may be reached before trial to avoid prolonged litigation.
  7. Trial and Verdict – If a settlement cannot be reached, the case proceeds to trial where a judge or jury determines fault and awards damages.
  8. Post-Trial and Recovery – Your attorney assists with collecting the judgment or enforcing settlement terms and ensures all legal matters are resolved.

Gather Evidence for a Drowning Accident Case

When a child drowned or suffered a near-fatal incident, gathering evidence quickly can be critical to establishing liability.

Documentation helps prove how the accident occurred, who was responsible, and whether safety standards were violated.

Families should also seek medical attention immediately to both treat the injuries and create a medical record that supports the legal claim.

An experienced attorney can help collect and preserve the necessary materials to build a strong case.

Meet Our Team of Experienced Drowning Accident Lawyers; Our Founder and Experienced Personal Injury Attorney_ Tor Hoerman; The Legal Process for a Drowning Accident Lawsuit in Illinois; Gather Evidence for a Drowning Accident Case

Evidence in a Drowning Accident Case:

  • Incident and accident reports from the facility or first responders
  • Surveillance footage or photos of the scene
  • Medical records and emergency response documentation
  • Witness statements from bystanders, staff, or other visitors
  • Maintenance records for safety equipment, gates, and signage
  • Inspection reports or prior safety violations related to the property
  • Weather and lighting conditions at the time of the incident
  • Communication with staff or management before and after the event

Damages in Drowning Accident Claims

Drowning accident claims often involve significant financial and emotional losses, especially when a life is cut short due to negligence.

Families may be entitled to compensation for both the immediate costs of the tragedy and the long-term impact on their lives.

This can include burial expenses, loss of income, mental and psychological distress, and more.

An attorney can help identify and calculate all applicable damages, ensuring the claim reflects the full scope of harm suffered.

Seeking legal counsel early in the process gives families the best chance to recover fair compensation.

Meet Our Team of Experienced Drowning Accident Lawyers; Our Founder and Experienced Personal Injury Attorney_ Tor Hoerman; The Legal Process for a Drowning Accident Lawsuit in Illinois; Gather Evidence for a Drowning Accident Case; Damages in Drowning Accident Claims

Damages in Drowning Accident Claims May Include:

  • Medical expenses related to emergency care, hospitalization, or long-term treatment
  • Funeral expenses and burial expenses following a fatal drowning
  • Lost wages if a parent or caregiver must miss work during recovery or legal proceedings
  • Loss of income when a primary earner is killed or permanently injured
  • Pain and suffering endured by the victim and surviving family members
  • Emotional distress, grief, and trauma resulting from the incident
  • Loss of companionship or parental guidance, particularly in cases involving children
  • Costs for psychological care or counseling for surviving relatives

Common Causes and Types of Negligent Drowning Accidents

Drowning is one of the leading causes of unintentional death in the United States, and many of these tragedies are preventable.

When a person drowns due to unsafe conditions, poor supervision, or ignored safety regulations, those responsible may be held liable under Illinois law.

The risk of drowning increases significantly in areas where property owners or operators fail to take reasonable precautions.

These include private swimming pools, unsupervised retention ponds, and overcrowded or poorly maintained public pools.

A swimming pool accident can result from faulty gates, missing barriers, or a lack of trained lifeguards.

In some cases, a boating accident occurs when passengers are not provided with proper life jackets or when operators act recklessly.

Whether the incident happens in a residential backyard or on open water, the failure to prevent drowning through reasonable safety measures can lead to serious legal consequences.

Meet Our Team of Experienced Drowning Accident Lawyers; Our Founder and Experienced Personal Injury Attorney_ Tor Hoerman; The Legal Process for a Drowning Accident Lawsuit in Illinois; Gather Evidence for a Drowning Accident Case; Damages in Drowning Accident Claims; Common Causes and Types of Negligent Drowning Accidents

Common Causes and Types of Negligent Drowning Accidents:

  • Lack of supervision at swimming pools, especially involving children
  • Defective or missing pool barriers, fences, or self-latching gates
  • Inadequate lifeguard staffing or untrained personnel at public pools
  • Poor maintenance of pool equipment, drains, or water clarity
  • Overcrowding at aquatic facilities, limiting visibility and response time
  • Absence of warning signs or depth markers in swimming areas
  • Failure to provide or enforce the use of life jackets during boating activities
  • Boating under the influence or reckless operation of a watercraft
  • Unsecured or unmarked retention ponds near residential or commercial areas
  • Slippery or hazardous surfaces around pool decks or docks
  • Malfunctioning or absent rescue equipment, such as life rings or poles
  • Failure to respond promptly or appropriately when a person is in distress
  • Lack of adult supervision at home pools or during swim lessons
  • Unauthorized or unsupervised access to swimming facilities by children

These forms of negligence create a dangerous environment and may expose property owners, recreational operators, or caretakers to legal liability if someone is harmed or killed.

What is a Near Drowning Experience?

A near drowning experience refers to a nonfatal drowning incident where a person survives after being submerged in water but may suffer serious health complications.

Although the individual survives the initial event, the injuries sustained can be severe, especially when the brain or lungs are deprived of oxygen.

In some cases, secondary drowning occurs hours after the incident, as water left in the lungs causes inflammation and breathing problems.

A near drowning can result in serious injury, including brain damage, respiratory failure, or long-term cognitive impairment.

Prompt medical attention is critical, even if the person appears to have recovered, as symptoms can worsen over time.

Do You Qualify for a Drowning Accident Case?

To qualify for a drowning accident case, there must be evidence that another party’s negligence contributed to the incident.

This includes failing to provide supervision, maintain safe premises, or respond appropriately to a near-drowning incident.

If you or a loved one suffered serious harm—or worse, death—due to unsafe conditions around water, you may have grounds for a legal claim.

In the United States, the Centers for Disease Control and Prevention reports that more than half of all drowning victims require hospitalization or further medical care, indicating the severe impact of these accidents.

Meet Our Team of Experienced Drowning Accident Lawyers; Our Founder and Experienced Personal Injury Attorney_ Tor Hoerman; The Legal Process for a Drowning Accident Lawsuit in Illinois; Gather Evidence for a Drowning Accident Case; Damages in Drowning Accident Claims; Common Causes and Types of Negligent Drowning Accidents; Do You Qualify for a Drowning Accident Case

Legal claims may be filed by the injured individual or, in fatal cases, by surviving family members seeking justice and compensation.

TorHoerman Law offers a free drowning lawsuit consultation to help families determine whether they have a valid claim.

We provide compassionate, no-obligation legal services to review the details and identify potential risk factors that contributed to the incident.

Our legal team can then guide you through your options and help you take the next step.

TorHoerman Law: Experienced Drowning Accident Lawyers

Drowning accidents leave families devastated, often with more questions than answers.

Whether the incident involved a public pool, private property, or an unsupervised body of water, negligent parties must be held accountable for the preventable harm they caused.

At TorHoerman Law, our team of experienced drowning accident lawyers is committed to helping victims and their families pursue justice through thorough investigations and aggressive legal action.

We understand the physical, emotional, and financial toll these tragedies take—and we’re here to help you take the next step forward.

Meet Our Team of Experienced Drowning Accident Lawyers; Our Founder and Experienced Personal Injury Attorney_ Tor Hoerman; The Legal Process for a Drowning Accident Lawsuit in Illinois; Gather Evidence for a Drowning Accident Case; Damages in Drowning Accident Claims; Common Causes and Types of Negligent Drowning Accidents; Do You Qualify for a Drowning Accident Case; TorHoerman Law_ Your Experienced Drowning Lawyer

Contact TorHoerman Law today for a free drowning lawsuit consultation.

We’ll review your case, explain your legal options, and fight to recover the compensation your family deserves.

You can also use the chat feature on this page to find out if you qualify for a drowning accident lawsuit instantly.

Frequently Asked Questions

  • Who Can Be Held Liable in a Drowning Accident Lawsuit?

    Liability in a drowning accident depends on where and how the incident occurred, but several parties may be held responsible.

    Property owners, including homeowners, hotel operators, municipalities, or landlords, can be liable if they failed to maintain safe conditions or follow local safety regulations.

    In cases involving public or private swimming pools, this might include failing to install barriers, provide lifeguards, or post warning signs.

    If a near-drowning incident or fatality occurred during a supervised activity, such as a camp or daycare, the organization and its staff may also be named in the lawsuit.

    Manufacturers of defective safety equipment or pool components can be held accountable as well.

    An experienced attorney can help investigate the circumstances, determine fault, and file claims against all negligent parties involved.

  • What Types of Evidence Can Strengthen a Drowning Accident Lawsuit?

    Strong evidence is essential to proving negligence and securing compensation in a drowning accident lawsuit.

    The more documentation and witness accounts you have, the easier it becomes to show how the incident occurred and who was responsible.

    Below are common types of evidence that can support your claim:

    • Accident or incident reports from emergency responders or facility staff
    • Medical records detailing the extent of injuries or cause of death
    • Photographs or videos of the scene, including pool conditions or barriers
    • Surveillance footage showing the moments leading up to the incident
    • Witness statements from bystanders, staff, or other guests
    • Maintenance logs for pools, gates, safety equipment, and signage
    • Proof of prior violations, complaints, or safety concerns at the location
    • Expert testimony on industry standards and risk factors

    Collecting and preserving this evidence as soon as possible can significantly improve the strength of your case.

  • How Long Do I Have to File a Drowning Accident Lawsuit in Illinois?

    In Illinois, the statute of limitations for most personal injury and wrongful death claims—including drowning accidents—is generally two years from the date of the incident.

    This deadline applies to cases involving both fatal and nonfatal injuries, although certain exceptions may extend or shorten the timeframe depending on the facts.

    For example, if the victim is a minor, the timeline to file a personal injury claim may be extended until two years after the child turns 18.

    However, wrongful death claims filed by surviving family members must still be submitted within two years of the death.

    It’s critical to speak with an attorney as soon as possible to avoid losing your right to pursue compensation.

  • Can I Sue a Hotel or Resort for a Drowning Accident?

    Yes, you can sue a hotel or resort if a drowning accident occurred due to negligence involving swimming pools, a hot tub, or other water features on the property.

    Hotels and resorts have a legal duty to maintain safe premises and may be held responsible if they failed to provide adequate supervision, safety equipment, or signage.

    Liability often arises when the facility does not comply with local safety codes or ignores known hazards.

    If the drowning occurred because of poor maintenance, lack of barriers, or untrained staff, the hotel or resort could be legally accountable.

    An attorney can help investigate the circumstances and determine whether the facility’s actions—or inaction—led to the accident.

  • What Safety Failures Commonly Lead to Drowning Accidents?

    Drowning accidents often happen when property owners or supervisors fail to follow basic safety protocols.

    These oversights can create dangerous conditions, especially for children and non-swimmers.

    Common safety failures that may lead to legal liability include:

    • Lack of fencing or locked gates around swimming pools or retention ponds
    • Absence of posted warning signs indicating depth or hazards
    • No lifeguards on duty at public or private pools
    • Poorly trained or inattentive staff at camps, schools, or recreational facilities
    • Inadequate supervision during swim lessons or youth activities
    • Failure to provide or enforce the use of life jackets during water-related programs
    • Broken pool equipment, slippery surfaces, or malfunctioning rescue tools
    • Failure to respond quickly or appropriately when someone is in distress

    When these failures contribute to a drowning or near-drowning incident, the responsible parties may be held liable in a civil claim.

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