The Different Types of Choking 

When we swallow food, a little flap called the epiglottis blocks the airway so that food is pushed down the esophagus and into the stomach. Sometimes this process doesn’t work and food gets stuck, resulting in a blocked airway. This is called choking. If you’ve ever been in a situation where choking has occurred, then you know just how terrifying this experience can be.

In situations where choking could have been prevented, such as a young child putting a piece of a toy that was defective in their mouth, then you may be able to receive compensation.

Types of Choking 

There are two main types of choking. One is known as partial airway obstruction or mild choking, and the other is a complete airway obstruction or known as severe choking. It is important to be able to identify what kind of choking is happening as this impacts what kind of assistance that is required to help them.

How to Identify the Type of Choking 

In order to know what type of assistance is required, you need to understand the differences between the two types of choking.

If someone has a partial airway obstruction: 

  • They should be able to breathe.
  • Their breathing may sound different as air passes through a narrow space.
  • They should be able to cough.
  • They should be able to cry.
  • There will usually be able to clear the blockage themselves.

If someone has a complete airway obstruction:

  • They will be unable to breathe.
  • They will be unable to cough.
  • They will be unable to cry.
  • They will require help as without it they will probably lose consciousness

How to Help Someone Choking 

Once you know what type of obstruction a person has, you respond accordingly. If they have a partial obstruction you should encourage them to cough to try to clear the blockage. Do not put your fingers into the mouth as they may bite or you may push the obstruction further down the throat. If asking them to cough does not work, you should perform back blows.

If someone is suffering from a complete obstruction, then you should begin with five back blows, which are also known as back slaps. If this does not successfully clear the obstruction, you should then move to administer five abdominal thrusts. Abdominal thrusts should not be given to children under one year of age or pregnant women, as this could injure them. If neither option helps, then you should call 911 immediately.

Choking is a serious and often terrifying time for all parties involved. If you decide to reach out to a choking lawyer, like our friends at Davis & Brusca, LLC, they can help you with any questions that you may have regarding your case and what to do moving forward.

Choking Lawyer: Frequently Asked Questions (FAQ)

Choking incidents, whether due to food, foreign objects, or inadequate safety measures in public spaces, can lead to serious injury or death. A New Jersey choking lawyer specializes in cases involving personal injury or wrongful death due to choking, often focusing on negligence or defective product claims. Below are some frequently asked questions about choking lawyers and how they can help.

What Is A Choking Lawyer?

A choking lawyer is a personal injury attorney who handles cases involving injuries or deaths caused by choking incidents. These incidents can occur in various settings, such as restaurants, nursing homes, schools, or even due to defective products like toys or food packaging. A choking lawyer works to hold negligent parties accountable and seeks compensation for medical expenses, pain and suffering, lost wages, and, in fatal cases, wrongful death.

When Should I Contact A Choking Lawyer?

You should contact a choking lawyer if you or a loved one suffered injury or death due to choking and believe negligence or defective products may have been involved. Examples of situations that may require legal assistance include:

  • Choking incidents in restaurants due to improper food preparation.
  • Choking in nursing homes or care facilities caused by inadequate supervision or improper feeding techniques.
  • Choking caused by defective or dangerous products, such as toys with small parts or improperly labeled food items.
  • Public or private settings where inadequate safety measures contributed to the choking incident.

Contacting a lawyer as soon as possible is crucial to ensure evidence is preserved and legal deadlines (statutes of limitations) are met.

Who Can Be Held Liable In A Choking Case?

Liability in a choking case can depend on the circumstances of the incident. Parties that may be held liable include:

  • Restaurants: If improper food preparation or failure to warn of potential hazards (e.g., bones in food) leads to choking.
  • Nursing homes or caregivers: If a caregiver fails to properly supervise or assist someone who has difficulty swallowing.
  • Manufacturers: If defective products or lack of adequate warnings (e.g., choking hazards for children’s toys) caused the choking.
  • Property owners: If dangerous conditions in a public or private space contributed to the choking incident.

A choking lawyer will investigate the situation to determine who is legally responsible and pursue a claim on your behalf.

What Compensation Can A Choking Lawyer Help Recover?

A choking lawyer can help you recover compensation for the following damages:

  • Medical expenses: Costs associated with emergency care, hospitalization, surgeries, and ongoing treatment related to the choking incident.
  • Lost wages: If you are unable to work due to injuries sustained from the choking incident.
  • Pain and suffering: Compensation for the physical and emotional trauma you experienced.
  • Wrongful death: If a loved one passed away due to choking, a lawyer can seek compensation for funeral expenses, loss of companionship, and other damages related to the wrongful death.

Conclusion

If you or a loved one has been injured or passed away due to a choking incident, a New Jersey choking lawyer from Davis & Brusca, LLC can provide valuable guidance and help you seek compensation. By holding negligent parties accountable, they can ensure you receive the financial recovery you need while advocating for your rights during a difficult time.