The water was calm, maybe too calm. One moment, laughter echoed near the pool’s edge. Next, everything went still. Sirens replaced joy. Footsteps turned frantic. In the hush that follows a drowning accident, lives change forever. Time fractures. Grief rushes in like a tide you didn’t see coming.
Whether it’s a fatal drowning that steals a life too soon or a near drowning that leaves behind lasting trauma, the emotional and financial toll runs deep. In these moments, you need more than comfort, you need clarity. You need to know what compensation you can recover after a drowning accident, and what steps can bring your family justice.
It’s not just about the accident, it’s about the aftermath. Medical expenses surge. Funeral costs mount. And through it all, families struggle with emotional pain, mental anguish, and unanswered questions. But knowledge is a form of power. Understanding your rights under personal injury and wrongful death laws may help you explore legal options during a difficult time.
If someone else’s negligence caused the unthinkable, what can you do to seek compensation and hold them accountable? Let’s walk through your options.
Immediate Medical Expenses and Ongoing Treatment
After a near-drowning accident, emergency care is often the first and most urgent cost. Victims may require CPR, hospitalization, or intensive care treatment. These services can lead to staggering medical bills, especially if a traumatic brain injury or other serious injuries result from the incident.
Beyond emergency services, victims may need:
- Rehabilitation
- Ongoing treatment, such as speech or motor therapy
- Long-term medical supervision
These expenses can add up quickly, and insurance companies may not always offer fair compensation. You’ll need to preserve detailed medical records to support your personal injury claims. Even in nonfatal drowning cases, the physical pain and emotional trauma often require months or years of recovery.
Wrongful Death Claims and Burial Expenses
When a fatal drowning occurs, the emotional and financial toll on surviving family members can feel unbearable. In such cases, eligible family members may file wrongful death claims to recover compensation for both economic and non-economic losses.
Under wrongful death laws, compensation may include:
- Funeral costs and burial expenses
- Medical expenses prior to death
- Loss of the deceased’s income and support
- Emotional pain and mental anguish
- Loss of companionship or consortium (compensates family members for the emotional impact of losing a loved one)
Typically, the deceased’s estate, through a court-appointed personal representative, files the wrongful death lawsuit on behalf of eligible family members. These laws vary by state, but they generally aim to support those most affected by the death.
Lost Wages and Future Income
Victims of near-drowning incidents or family members affected by a fatal drowning accident often lose valuable time from work.
This could include:
- Time spent in the hospital or attending medical appointments
- Reduced work capacity due to traumatic brain injury or other long-term conditions
- A complete inability to return to work
Lost wages represent a significant portion of financial compensation in personal injury lawsuits. In wrongful death cases, the court may also consider the future income the deceased would have earned. This helps ensure financial recovery for the family left behind.
Emotional Distress and Mental Anguish
The emotional aftermath of a drowning accident lingers far beyond physical injuries. Victims and their families may suffer from:
- Anxiety, depression, or PTSD
- Nightmares or flashbacks
- Guilt and psychological trauma
Compensation for emotional distress falls under non-economic damages. Courts recognize this form of suffering, especially when the incident results in permanent disabilities or death. Establishing these damages may require testimony, medical records, or witness statements.
Punitive Damages in Cases of Gross Negligence
When property owners or government entities show gross negligence, such as leaving safety barriers down, failing to repair faulty safety equipment, or ignoring known risks, courts may award punitive damages.
Punitive damages are not designed to compensate victims directly. Instead, they punish the responsible parties and deter others from similar misconduct. For example, if private pool owners failed to provide adequate supervision or ignored child safety laws, they could be held accountable at a higher level.
To seek punitive damages, your legal team must establish negligence and prove that the defendant owed a duty of care and acted with reckless disregard, meaning they knowingly ignored risks and failed to take reasonable safety measures.
State Laws: Caps on Damages (California, Nevada, and Colorado)
When families pursue legal action after a drowning accident, understanding state-specific laws on damage caps becomes essential. These laws determine the maximum compensation a court may award.
California
California places no general cap on damages in personal injury or wrongful death cases—unless medical malpractice is involved. If a drowning accident results from a healthcare provider’s negligence, the Medical Injury Compensation Reform Act (MICRA), revised by Assembly Bill 35, limits non-economic damages.
As of January 1, 2023:
- The cap for injury cases starts at $350,000 and will rise to $750,000 over the next decade.
- In wrongful death cases, it begins at $500,000, increasing gradually to $1 million.
Starting in 2034, these amounts will adjust annually for inflation.
Nevada
Nevada limits non-economic damages in medical malpractice cases to $430,000 as of 2024, under NRS § 41A.035. This cap will rise annually until it reaches $750,000 in 2028, with inflation-based adjustments starting in 2029.
For drowning accidents not involving medical negligence, such as those tied to unsafe property conditions, there is no cap on non-economic damages. However, if a government entity is involved, claims must follow strict guidelines. Under NRS § 41.035, recoverable damages in lawsuits against public agencies are capped at $200,000, not including interest or punitive damages.
Colorado
Colorado enforces limits on non-economic damages in both personal injury and wrongful death cases. Starting January 1, 2025, the cap for non-economic losses like emotional distress and pain, and suffering will rise to $1.5 million, with inflation-based increases every two years beginning in 2028.
For wrongful death claims, the total compensation allowed will increase to $2.125 million, also subject to biennial inflation adjustments. These updates are established under House Bill 24-1472.
Different rules may apply in cases involving felonious killing.
Each state’s laws include exceptions and nuances, so understanding your jurisdiction’s limits can directly affect your financial recovery. Consult a knowledgeable attorney familiar with your state’s statutes to understand these limits effectively.
Liability and Legal Responsibility
Personal injury law allows victims of drowning accidents to seek compensation when liable parties fail to uphold their responsibilities. Determining liability involves showing that the responsible parties—such as property owners, pool managers, or even government entities—failed to take reasonable safety measures.
Common examples of negligence include:
- Inadequate supervision at public or private pools
- Lack of safety equipment, like life rings or warning signs
- Poor maintenance of swimming facilities
- Failure to provide immediate medical attention
Under premises liability laws, courts may hold property owners responsible when hazardous conditions on their property contribute to a drowning accident. Thorough police reports, medical records, and witness statements help establish the facts needed to build a strong personal injury lawsuit.
Filing a Claim: The Legal Process
The process of recovering damages starts with filing personal injury or wrongful death claims.
This typically includes:
- Gathering as much evidence as possible (e.g., photos, safety reports, emergency response details)
- Collecting witness statements and police reports
- Preserving all medical records and documentation of ongoing treatment
- Identifying all liable parties and determining their insurance coverage
Once your legal action begins, insurance adjusters will investigate the claim. While they aim to protect their company’s bottom line, a knowledgeable drowning accident attorney ensures your rights remain protected. They can help clarify legal procedures and advocate for a fair settlement.
Compensation from Government Entities
If a drowning accident occurs in a government-run facility, like a city pool or public beach, you may be able to seek compensation, but legal protections such as sovereign immunity may limit or bar certain claims.
However, legal action against government entities comes with specific rules:
- You must often file a notice of claim within a short window
- Compensation may be capped by law
- Additional legal procedures may apply
Let Bourassa Law Group Help You Seek Justice
In the wake of a drowning accident, financial recovery is about more than money. It’s about justice, accountability, and giving families a path forward. Whether you’re seeking compensation for medical bills, funeral costs, or emotional distress, the law may provide avenues for holding responsible parties accountable, depending on the facts of your case and applicable state laws.
You deserve legal representation that understands the weight of your loss and the complexity of the legal process. The Bourassa Law Group is here to help you understand your options. Our trial lawyers stand ready to advocate for your rights and guide you through every step of your lawsuit.
You don’t have to go through this alone. Contact us today for a free consultation and let us help you recover the fair compensation you deserve.
1-800-870-8910