Florida is known for its beautiful waterside communities, and many properties have private swimming pools to enjoy the nice weather year-round. Unfortunately, children, teens, and even adults could be at risk of drowning if property owners and managers, lifeguards, waterpark operators, and other entities fail to exercise due care and caution.
Many drowning accidents are fatal. If a victim survives the accident, their lives could be forever altered by long-term effects. If you or someone you love was involved in a Florida drowning accident, you might be entitled to compensation for your losses. A Florida premises liability accident lawyer can help you determine the potential long-term effects you may experience so they can negotiate for compensation to cover near drowning treatment and other damages you may experience.
What Happens to the Body During Drowning?
When a person begins to drown, the body is starved of oxygen, causing a dangerous reduction in blood flow to vital organs. The lungs fill with water, preventing oxygen from entering the bloodstream. Without immediate intervention, the brain experiences hypoxia, which is a lack of oxygen, leading to unconsciousness within minutes.
As the oxygen supply diminishes, the heart rate slows, and other organs begin to fail. Even if a person is rescued, the effects of oxygen deprivation can continue to damage the brain and lungs long after the event.
How Long After a Drowning Can Complications Appear?
Complications from drowning can appear immediately or develop over several hours to days following the incident. In some cases, issues like acute respiratory distress syndrome (ARDS) or secondary drowning can arise up to 24–48 hours later, when inhaled water continues to irritate the lungs. Neurological damage, such as hypoxic brain injury, might not be fully noticeable until days or weeks after the event, particularly if cognitive symptoms emerge slowly. Continuous medical monitoring is essential to detect these delayed complications.
Long-Term Physical Effects of Drowning
Survivors of drowning incidents often face lasting physical challenges. These range from respiratory impairment due to lung damage to more severe conditions like hypoxic brain injury, which impacts motor skills, speech, and memory. Prolonged oxygen deprivation can weaken muscles, compromise the immune system, and increase vulnerability to infections such as pneumonia. Even with prompt rescue, the body may struggle to recover fully, requiring long-term therapy and medical care.
Brain Hypoxia and Neurological Damage
One of the most serious consequences of drowning is hypoxic brain injury. When oxygen supply is interrupted, brain cells begin to die within minutes. Survivors may experience memory loss, difficulty concentrating, seizures, or even permanent cognitive impairment. In severe cases, individuals may remain in a coma or develop conditions like cerebral palsy due to prolonged hypoxia.
Lung Injury and Respiratory Complications
Water inhalation can cause significant respiratory impairment, even after rescue. Acute respiratory distress syndrome (ARDS) is a life-threatening condition in which fluid builds up in the lungs, reducing oxygen flow to the bloodstream. Survivors may also suffer from chronic breathing problems, recurrent lung infections, and decreased lung capacity that impacts daily life.
Cognitive and Psychological Effects
Beyond physical injuries, drowning can lead to enduring cognitive deficits. Survivors of hypoxic brain injury may struggle with memory retention, attention span, and problem-solving abilities. These cognitive changes can severely impact independence and quality of life, often requiring long-term rehabilitation and cognitive therapy.
Secondary Drowning Risks
Secondary drowning occurs when inhaled water remains in the lungs, leading to inflammation and fluid buildup over time. This can happen hours after the initial incident and may cause severe respiratory impairment or ARDS if left untreated. Symptoms include coughing, chest pain, difficulty breathing, and extreme fatigue. Immediate medical evaluation is crucial, even if the person initially seems fine.
Psychological effects of almost drowning
Surviving a near-drowning event can have profound psychological impacts. Many survivors experience intense fear of water, nightmares, and heightened anxiety, especially in situations that remind them of the trauma. These emotional scars can persist long after physical wounds have healed, affecting daily life and relationships.
PTSD and Anxiety Disorders
Post-traumatic stress disorder (PTSD) is a common consequence of near-drowning experiences. Survivors may suffer from flashbacks, intrusive thoughts, and emotional numbness. Anxiety disorders often develop alongside PTSD, leading to panic attacks and constant fear of recurrence. Early mental health support is crucial to aid recovery.
Impact on Families and Caregivers
The emotional toll of a drowning incident extends beyond the survivor. Families and caregivers frequently experience anxiety, depression, and feelings of helplessness. The long-term care required for survivors with severe hypoxic brain injury or respiratory impairment can place enormous emotional and financial strain on loved ones. Support groups and counseling can help families navigate these challenges.
How Common Is Drowning?
According to statistics published by the Centers for Disease Control (CDC):
- There are approximately 3,960 fatal drowning accidents in the U.S. every year, or roughly 11 drowning deaths per day.
- There are approximately 8,080 non-fatal drowning accidents per year in the U.S., or an average of 22 non-fatal drownings each day.
- Aside from congenital disabilities, drowning is the leading cause of death among American children between the ages of one and four.
- Drowning is the second-leading cause of unintentional injury death among American children 14 and under, following only motor vehicle accidents.
Non-Fatal Drowning and “Dry” Drowning
To better understand the potential health effects of drowning, it is important to understand what happens to your body when you drown. Drowning occurs when a person is submerged or immersed in liquid and their respiratory system is damaged as a result. Most people traditionally use the word “drowning” to describe deadly drowning accidents, but not all drownings are fatal.
Non-fatal drowning occurs when a person is submerged in water or another liquid and unable to breathe for a significant period. When a person is drowning and unable to breathe, their lungs cannot take in oxygen, and they may lose critical body functions.
A non-fatal drowning can happen in as little as an inch or two of liquid. Non-fatal drowning victims must often be revived by emergency first aid to prevent death.
“Dry drowning” can occur hours after the initial drowning accident and may be deadly. When excess water remains in a drowning victim's lungs, it can prevent them from taking full breaths, potentially leading to a secondary “dry” drowning.
What to Do After a Near Drowning Accident?
If you or someone you love is involved in a non-fatal drowning accident, you can protect your legal rights and your ability to claim compensation by:
- Seeking emergency medical care to prevent dangerous health complications and establish an official record of the drowning in their medical history
- Reporting the drowning to the owner or manager of the premises, if you are on public property or someone else's private property
- Documenting all medical bills, incidental expenses, and other financial losses related to the drowning accident
- Contacting a personal injury attorney for professional legal advice
Can You Sue for Drowning Injuries?
Yes — if negligence played a role in the drowning incident, you may have grounds to file a personal injury lawsuit. Property owners, pool operators, or other responsible parties have a legal duty to maintain safe environments. When they fail to uphold this responsibility, and someone suffers a drowning injury as a result, they can be held liable.
Common examples of negligence include:
- Lack of proper pool fencing or barriers
- Absence of warning signs or safety equipment
- Inadequate supervision, especially at public pools or water parks
- Failure to maintain safe swimming conditions
If a loved one has experienced a near-drowning or fatal drowning incident, consulting an experienced personal injury attorney is crucial. Legal action can help you pursue compensation for medical bills, long-term rehabilitation costs, emotional trauma, and other damages related to the incident.
Damages you May be Entitled to After Near drowning
Once you’ve established that negligence contributed to the drowning accident, the next step is understanding what compensation you may be entitled to claim. Survivors of near-drowning accidents, as well as their families, may pursue various forms of damages, including both economic and non-economic losses. Let’s explore what these might include:
Medical Expenses
Compensation can cover immediate costs like emergency room visits and hospitalization, as well as long-term treatments such as:
- Surgeries
- Respiratory support for lung damage or respiratory impairment
- Therapy for hypoxic brain injury
- Medications and rehabilitation services
Future Medical Costs
These future expenses can be claimed as part of your compensation and may include:
- Long-term neurological and respiratory therapies
- In-home care services
- Assistive devices and medical equipment
- Ongoing treatments for brain hypoxia and related conditions
Lost Wages
Recovery from a drowning incident can sideline victims from work for weeks, months, or even permanently if disabilities occur. Compensation may cover:
- Income lost during recovery
- Reduced earning potential if the victim can no longer perform their previous job due to lasting injuries
Pain and Suffering
Beyond physical injuries, drowning survivors often endure significant emotional and psychological trauma. Courts recognize this suffering and allow victims to seek damages for:
- Physical pain and discomfort
- Emotional anguish, including PTSD and anxiety
- Loss of enjoyment of life
Emotional Distress and Psychological Injuries
Compensation can address:
- Therapy and counseling for anxiety disorders or post-traumatic stress
- Emotional distress experienced by close family members
- The ongoing mental health impact of living with trauma
Punitive Damages
If the negligent actions were especially reckless — such as ignoring critical safety regulations or knowingly using defective equipment — courts may award punitive damages. These go beyond compensating victims and serve to punish the wrongdoer and deter future negligence.
How Holliday Karatinos Can Advocate for You After a Near Drowning Accident
After a Florida drowning accident, you need an experienced legal advocate who can safeguard your legal rights and help you seek fair compensation. At Holliday Karatinos Law Firm, our Florida peronal injury lawyers have more than 50 years of collective legal experience helping residents of and visitors to Florida seek justice and fair compensation after accidents caused by negligence. Let us put our experience to work for you.
Contact us today to discuss the details of your drowning accident case in a free initial case review.
James Wayne Holliday
James Wayne Holliday has been practicing law since 1995. He has been named as a “Best Attorney” Lifetime Charter Member in Florida, an honor awarded to less than one percent of the nation’s lawyers.
Mr. Holliday has earned a reputation as a relentless trial lawyer because of his outstanding work ethic and thorough preparation of his cases for trial.
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