It only takes a little accident to turn what was supposed to be a relaxing day at the pool into something far worse. You were expecting a peaceful swim, perhaps some laughter and splashing with the family. Unfortunately, once an accident occurs, your entire life is changed. If you or a loved one has been involved in a swimming pool or drowning accident in the San Antonio area, you may be due compensation for your injuries. There are several key factors to consider as you shape your case. By working with an experienced attorney, you can raise the odds that you will be able to collect the damages that you or your loved one are owed following your accident. Contact The Law Offices of George Salinas today at 210-225-0909 to learn how we can support you through the legal process of gaining the compensation you deserve.
Swimming pool and drowning accidents can be complicated, legally speaking. In many cases, the owners of the pool—whether a hotel or other private pool or a public pool— may attempt to deny any liability. That doesn’t mean, however, that you aren’t due compensation—and in many cases, we have been able to collect it. We’ve been able to collect substantial damages for the families of drowning victims or those involved in swimming pool accidents. In some cases, this amount has included up to the full amount of the insurance policy limits.
What Are Typical Swimming Pool and Drowning Injuries?
Most often, swimming pool and drowning accidents occur in privately owned pools, which may not be maintained as well or have the same levels of supervision you expect from a public pool. That doesn’t mean, however, that you and your loved ones can’t or won’t be injured in a public pool. Swimming pool and drowning accidents can include:
- Head injuries
- Drowning, including death
- Secondary drowning
- Broken bones or other injuries sustained in or around the pool
- Brain damage
Drowning is the third leading cause of accidental death. It’s even more common among young children, especially those under the age of four. Even for those victims that do survive a drowning accident, the long-term consequences can be severe. A short-term interruption of oxygen to the brain, which is experienced during many drowning accidents, can lead to lasting brain damage in victims.
Who Is at Fault?
Most of the time, drowning accidents are simply that: accidents. In some cases, however, drowning accidents can be caused by negligence on the part of the pool owner or staff. This may include improper fencing around the pool, poor maintenance, poor supervision when a child was left in the care of another individual, and other circumstances. It’s important to work with an attorney to determine who, if anyone, was at fault for the accident. In some cases, it may be the supervising individual; in other cases, you may find that the facility was responsible for drowning injuries.
What Damages Can Be Recovered?
If you or someone you love has been injured in a swimming pool or drowning accident, it’s important to work with a lawyer to be sure that you’re able to recover the damages you’re due. These can include:
- Medical expenses, including anticipated medical expenses for the ongoing cost of care following drowning
- Funeral and burial expenses when a life is lost as a result of drowning
- Pain and suffering
- Lost wages for time off work to deal with drowning-related injuries
Your attorney will be able to assess your cases to tell you what damages you may be owed as a result of your drowning accident and ensure that you receive the proper compensation.
How Do Those at Fault Try to Escape Liability?
There are two key strategies that many insurance companies use to help limit their liability and get out of paying the damages associated with your swimming pool or drowning accident.
They’ll attempt to prove that the accident was not the fault of pool owners or supervisors. There is a certain level of risk that is accepted when you choose to use a swimming pool or other similar facility. In many cases, the insurance companies associated with the pool will attempt to prove that the drowning accident was part of the reasonable risk accepted by the use of the facility. They may also try to shift responsibility to another individual: the adult responsible for supervising a child, for example.
They’ll offer you a settlement that is lower than you deserve. Insurance companies know that if they strike fast, in the initial aftermath of the accident, you aren’t going to be focused on getting the fair compensation you’re due. As a result, they’ll offer you a lower offer than you really deserve: one that often won’t take care of the medical expenses you’ve faced or the pain and suffering you’ve experienced. Working with a lawyer is the most effective way to ensure that you receive the right compensation for your accident.
What Will a Lawyer Cost Me?
You’ve been dealing with plenty of headaches since your or your loved one’s drowning accident—and finances are at the top of the list. You may already be facing substantial hospital bills or fees for funeral and burial expenses. Luckily, you don’t have to add a lawyer’s fees to the list of expenses you’ll have to deal with immediately. When you contact us, we’ll set you up with a free consultation to discuss your case. In many cases, we’ll be able to accept your case on a contingent fee basis: our fees will come out of the amount of your settlement or judgment, and we won’t get paid until you do.
Get the Help You Deserve
If you or someone you love has been involved in a swimming pool or drowning accident, don’t wait to seek legal help. Contact The Law Offices of George Salinas online today or by calling (210) 225-0909 to learn more about the services we provide and how we can help you get the compensation you deserve.