Water-based activities are a large part of life in sunny Orlando. However, any body of water, whether the ocean, a private or public swimming pool, a water park, or a lake, comes with risks. The biggest risk facing water users in Florida is drowning accidents. In particular, children, vulnerable people, and those who can’t swim are at risk of drowning. Approximately 1 in 5 people who die from drowning accidents in the United States are under the age of 15 years old.
The risk of these tragic accidents can be increased by negligence, inadequate safety precautions, and poor supervision. Many drowning accidents could have been prevented if the correct management and safety precautions were in place.
A personal injury lawsuit could be an option for drowning accident victims and their families to seek compensation from the responsible party for their suffering. The Law Place drowning accident attorneys are experts in fighting for the rights of drowning accident victims and their loved ones and securing the compensation they deserve. For a free consultation with a compassionate Orlando drowning accident lawyer, contact The Law Place at (941)-444-4444.
Drowning Death Statistics in Florida
Across America, drowning is the leading cause of death of children between the ages of 1 to 4 years old. A terrifying reality is that Florida loses more children to drowning than any other state in the United States.
Nearly 4,000 people a year die from unintentional drowning in America. In Florida alone, 98 children died in accidental drownings in 2021. Drowning is a far more prevalent risk than many realize when spending time around water. The impact of the risk of drowning leaves many families without a loved one and can make a parent’s greatest fear come true, leaving them grieving the loss of a child.
Situations of accidental near drowning, where an individual is subject to a prolonged period of time underwater which does not result in death, can also have severe consequences. Typically near-drowning injuries are life-changing and require extensive hospital treatment to support recovery. Unfortunately, many victims will live with the impact of a near-drowning accident for the rest of their lives.
Causes of Drowning Accidents
Accidental drowning can occur in almost any body of water. The most common places where drowning accidents occur include swimming pools, water parks, lakes, the ocean, hot tubs, and even bathtubs.
Many factors can contribute to a drowning accident, including alcohol, inadequate supervision, the use of prescription medication, and faulty or missing barriers around a pool. Similarly, the Centre for Disease Control and Prevention reports that certain age groups, genders, and ethnicities may be at higher risk of drowning.
Private Pools
Pool accidents often occur in private pools, particularly when they are constantly accessible, often without supervision. Private swimming pools are common in Orlando. Recognizing the danger private pools pose, the State of Florida introduced the Florida Residental Swimming Pool Safety Act. Failure to abide by this act can result in both civil liability and criminal charges.
Pool owners in Florida are responsible for maintaining their pools in line with the standards outlined in the Florida Residental Swimming Pool Safety Act. This includes ensuring that the pool is surrounded by appropriate barriers to prohibit unsupervised access for children and vulnerable people or that the pool area can be covered or locked and alarmed when not in use.
Public Pools
A public pool accident can occur for many reasons. Often inadequate supervision, overcrowding, and staff without the appropriate training contribute to drowning in a public pool. Similarly, in some situations, a drowning accident can turn fatal if the appropriate first aid or safety equipment is not available in the vicinity.
Lakes
Lakes and open bodies of water can pose a significant risk to swimmers or people playing in or on the water. Often lakes have underwater hazards, such as objects or debris in the water that are not visible and can entangle swimmers. Strong currents and a lack of adequate signage and hazard warnings can also contribute to the danger of lakes and reservoirs.
Near Drowning Accidents
For every fatal drowning accident in the United States, another 5 children require medical attention for near drownings. Most near-drowning accident victims need substantial follow-up medical care after the accident. To put this into context, approximately 30% more victims require hospitalization or further care following a near-drowning event than other unintentional injuries.
The consequences of a near-drowning accident are rarely minor. The nature of these accidents often means that the victim’s brain is starved of vital oxygen for a prolonged period while underwater until they are rescued and are breathing again. This period of oxygen starvation can have severe impacts on a victim and can result in permanent brain damage.
How permanent brain damage manifests in victims varies on a case-by-case basis and can depend on how severe the oxygen starvation was. Typical repercussions of brain damage include impaired cognitive ability, motor skills, and neurological skills. This could mean a victim may struggle to breathe by themselves or speak coherently. They may also have problems with memory or learning difficulties and suffer from seizures or even paralysis.
Approximately 20% of children hospitalized for near drowning suffer from severe neurological disabilities after the accident.
Drowning Accident Personal Injury Cases
Depending on the contributing factors that led to the drowning accident, legal action may be an option for anyone injured in a near-drowning or who has lost a loved one.
A personal injury claim can also contribute towards highlighting negligence or safety failings that contributed to the tragic accident. This may, in turn, prompt a change in policy or practice that could prevent similar accidents from happening in the future and protect more families from the same hardship you have faced.
Possible Compensation
In a drowning case where you have lost a family member or loved one, you could be entitled to compensation for wrongful death. Each settlement will be specific to your circumstances and the damages incurred but it could include compensation for the following:
- Funeral costs.
- Lost wages.
- Loss of future income to a household.
- Pain and suffering.
- Loss of enjoyment of life.
- Any therapy or counseling required.
- Post-traumatic stress.
- Depression.
In a case of near drowning, where the individual survived but suffered injuries from the accident, they may seek compensation for:
- Medical treatment.
- The cost of transport to medical appointments.
- Any future medical expenses, such as physiotherapy or ongoing treatment.
- A loss of quality of life.
- Missed work and future lost income.
- Counseling and therapy.
- The cost of any required home modifications due to injury.
- Post-traumatic stress.
- Anxiety and depression.
In both situations, a Judge may also award punitive damages to make an example of the perpetrator and their wrongdoing. Punitive damages can help give victims and their families a sense of justice and also encourage institutional change to avoid future accidents. Often financial penalties are one of the most effective methods of communicating with large negligent corporations.
We’re Florida’s top litigation team with over 75 years of combined experience
I lost a Family Member in a Drowning Accident. Can I Claim Compensation?
Losing a child or any family member in a drowning accident is everyone’s worst nightmare. Although it will not un-do the tragic events that led to the death of your loved one, depending on the nature of the accident, you may be able to claim compensation for your loss. If an individual or entity’s negligence contributed to your loved one’s drowning accident, you could start legal recourse against the responsible party.
On top of the trauma and grief of a fatal drowning, you could be facing increasing financial concerns from funeral costs and counseling or therapy expenses. Compensation could help to ease these financial worries. If you have lost a loved one due to drowning, contact a drowning accident attorney and seek legal advice on the options available to you and your specific circumstances.
From the initial call to updates on your case status, we are here to get you answers.
Do I Need a Drowning Accident Lawyer?
The loss of a loved one in a drowning accident, or a near-drowning, is a traumatic and overwhelming experience. Often victims are not in the best mental state to handle a personal injury claim alone. Likely you will have to go up against corporate insurance firms, or at least the perpetrator’s legal team, to fight for the compensation you deserve.
Skilled legal representation reassures you that you have the best possible chance of securing a successful outcome from the company or individual you are claiming against. Your attorney will diligently gather supporting evidence to form a strong and compelling argument. They will also fight for your rights and best interests during negotiations and in the courtroom. A personal injury attorney can manage the complexities of the claim process while you focus on grieving and caring for your family.
The Law Place Personal Injury Lawyers Can Help
The sad truth is that the majority of drowning accidents could have been prevented. At The Law Place, we are passionate about fighting for the rights of drowning accident victims and their families. If negligence caused the drowning accident, we will endeavor to ensure the individual or parties involved are held responsible.
Our attorneys will fight for the compensation you deserve. Not only to give you and your family a sense of justice but to reduce the likelihood of another family suffering as a result of negligence.
Free Consultation
Anyone considering a drowning accident lawsuit is entitled to a free consultation and case evaluation with The Law Place team. Our compassionate and experienced drowning accident lawyers will give you free advice specific to your circumstances and strategize the best course for you to begin legal action.
Contingency Fee Basis
On top of the trauma of losing a loved one to drowning, the last thing you need to be concerned about is legal fees if you decide to seek justice through a drowning accident claim. However, if you are represented by The Law Place drowning accident lawyers, you do not need to worry about how you are going to pay the legal fees.
The Law Place attorneys work on a contingency fee basis, or what is sometimes known as ‘no-win, no-fee. This means you will pay no legal fees to your attorney until your case has been won. We will discuss and agree on our costs with you at your initial consultation, and we only take these fees from the final settlement you receive when you win your case.
We aim to reduce the stress on our clients as much as possible during their case and we hope that our contingency fee basis contributes towards this. Similarly, you can be reassured that our attorneys are so confident in their ability to obtain compensation on your behalf and that they won’t get paid until they do.
Representing the Families of Drowning Accident Victims Across Orlando
Compensation can help near-drowning victims access the best possible healthcare to support their recovery. Similarly, a settlement can reduce the financial burden of the grieving families of drowning victims and help the families to seek justice for their loved ones.
To begin a drowning accident personal injury claim today, contact The Law Place expert attorneys for a free consultation at (941)-444-4444.