Swimming pools are a great way to beat the Texas heat, but they can pose some serious threats to those around them. There are many different issues that can cause a swimming pool accident and many of them can be prevented. Unfortunately, the large majority of victims in swimming pool accidents are young children.
There is a high incidence of permanent brain injury associated with these near-drowning experiences. The young lives that are changed in these accidents will never be the same. The victims’ families suffer immeasurable loss and must struggle to rebuild their lives. The small sense of justice that may be won through litigation is only a band-aid, but it may keep another family from suffering the same fate. The Law Office of Joseph Onwuteaka, P.C., understands what a sensitive time this is.
Dealing with the overwhelming tragedy of a near-drowning or other accident is awful enough without trying to navigate the legal process. We have been successfully handling accident litigation for more than 30 years and helping families heal through some sense of peace.
Accidents can happen anywhere, but the nature of water makes them more likely to occur in or near a swimming pool. Many swimming pool accidents are slip and fall accidents because the surface near the pool is wet and slick.
Other accidents may be due to lifeguard error or distraction. Negligence can be involved on the part of the swimming pool operator, lifeguard, or property owner. Defective safety latches or retractable ladder failure can fail to keep small children out of unsupervised pool areas and faulty or missing equipment can also cause a tragedy.
There are two different variations to this answer. If you or a loved one have sustained severe injuries in a swimming pool accident due to some else’s negligence, then your claim would be a personal injury claim. Sometimes the events are more tragic and someone loses a life. In this instance, you have a wrongful death claim.
State-specific laws govern each claim with regards to the type of damages awarded and the statute of limitations for filing a claim. It is always best to seek legal counsel in these matters. An experienced swimming pool accident litigation attorney, like Attorney Joseph Onwuteaka, P.C., will listen to your story and advise you of your options.
The type of damages that can be recovered will depend on whether you have a personal injury claim or a wrongful death suit. Many claims will be able to recover economic, noneconomic, and punitive damages. However, punitive damages are reserved for cases that demonstrate extreme negligence or recklessness because they are meant, in part, to prevent similar behavior on the part of the defendant in future instances.
Anyone who sustains unnecessary injuries in a swimming pool accident that was due to the negligence of a third party can file a personal injury claim or wrongful death lawsuit in cases that result in a fatality.
If the accident could have been prevented or was due to the negligence of a third party, your personal injury attorney may be able to recover financial compensation.
If you think you may have a swimming pool accident claim, you should seek legal counsel right away. When imposing a statute of limitations on personal injury and wrongful death claims, the state of Texas does give one plenty of time to make a decision, but you shouldn’t wait.
If you are even considering a personal injury claim, it is essential that you reach out to a personal injury attorney as soon as possible. Memories tend to fade, witnesses may relocate, and crucial evidence may be permanently lost or destroyed. Giving your attorney the opportunity to start an investigation promptly will help preserve evidence and strengthen your case.
More than likely, if your claim is won or settled out of court, the money will come from an insurance company. Most people do not have the money to pay a judgment against them and that is where your insurance policy comes into play. It could be the homeowner’s insurance, an employer’s insurance, or a company’s liability insurance that pays out.
Many also wonder, “How much financial compensation will I recover?” The answer to this question will depend on many different factors. The amount of compensation you are awarded will also depend on the severity of the injuries sustained, the type of damages awarded, and whether your case goes to trial. Your attorney will be able to give you a reasonably accurate case valuation after the investigation is complete.
The length of time necessary to resolve your case will depend on many factors such as the type of claim you file and whether or not you choose to settle out of court. It is possible to receive fair and just compensation before your case goes to trial, but that may not be your best option. The length of time necessary to resolve a swimming pool accident lawsuit may range from a relatively short period of time to several months or more.
If you are thinking of buying a home with an existing swimming pool, you’ll want to make sure that it is safe for your family. Faulty pool equipment such as dangerously designed pools, improper drains which create suction, or diving boards that malfunction, cause a large majority of serious swimming pool injuries.
The best way to make sure that your family doesn’t fall victim to an injury is to have your swimming pool inspected by a licensed, reputable company and make any repairs that they suggest. Even if you have already purchased a home with a pool, this can still be a good move. It may protect your family as well as another from a senseless tragedy. Children should always be under adult supervision and proper pool fencing should be in place to prevent accidental drowning or near-drowning incidents.
If you or a loved one have been severely injured or worse in an unnecessary swimming pool accident caused by someone else’s negligence, contact the Law Office of Joseph Onwuteaka, P.C. today. Our practice areas also include other types of personal injury, including car accidents, motorcycle accidents, slip and fall cases, workplace injuries, construction injuries, medical malpractice cases, and product liability cases.
Call (713) 903-8339 or contact us online to schedule a free consultation to discuss your case with an experienced, aggressive personal injury litigation attorney. Our law firm represents clients in Houston, Texas, and the surrounding areas.