Swimming Pool Accidents Attorney NYC
The Tragic Reality of Swimming Pool Accidents
Swimming pool accidents are a tragedy that unfortunately affects many New Yorkers every year. The U.S. Consumer Product Safety Commission estimates that at least three hundred children under the age of five accidentally drown in swimming pools annually. Thousands of other children who do survive a near-drowning experience suffer permanent brain damage and need long-term care.
These victims and their families suffer immeasurable loss as they struggle to rebuild their lives. It is estimated that the cost of long-term care for a near-drowning victim can easily reach hundreds of thousands of dollars annually.
Experienced Attorneys in Aquatic Litigation
Winning an aquatic litigation claim in court will not relieve the suffering or make the experience any less tragic to deal with, but it may ease some of the financial burdens and help keep another family from suffering the same fate. The team at the Law Offices of Michael S. Lamonsoff, PLLC, understand what a sensitive time this can be for a family.
Dealing with this type of senseless tragedy can be difficult enough without trying to navigate the legal system as well. Our highly trained attorneys have decades of experience handling aquatic litigation and swimming pool accident claims.
Who pays swimming pool accident claims?
Most often it is an insurance company that pays these types of claims. These can be complicated claims that involve large sums of money and most people just don’t have the funds to cover a judgment of this proportion. Depending on the circumstances of the case, the money may come from a homeowner’s insurance policy, a company’s liability insurance policy, or some type of employer’s insurance.
What type of lawsuit is filed in a swimming pool accident?
There are really two separate types of claims that can be filed in a swimming pool accident claim. If you or a loved one have sustained severe injuries in a swimming pool accident due to someone else’s negligence, then you would file a personal injury claim to seek damages.
If the events are more tragic, and a life is lost under the same circumstances, then a wrongful death suit would be filed.
If you find yourself in either of these circumstances, the experienced personal injury attorneys at the Law Offices of Michael S. Lamonsoff, PLLC, will listen intently and advise you of all of your available options.
What types of damages can be recovered in a swimming pool accident case?
The types of damages that can be recovered in a swimming pool accident claim will depend on what type of claim you are pursuing, the severity of the injuries, and the circumstances surrounding the case. A personal injury claim will not recover the same damages as a wrongful death claim, and they must each be handled appropriately.
However, most claims are able to recover economic, non economic, and punitive damages to the degree that is relevant to the case. Please keep in mind that punitive damages are usually reserved for cases where the liable party has demonstrated extreme negligence or recklessness because they are meant, in part, to deter similar behavior in the future.
How do swimming pool accidents happen?
Accidents in and around swimming pools can have many causes. Some are slip and fall accidents because the surface near the pool is wet and slippery. Others result from lifeguard error or distraction. Parent or guardian distraction may also account for many of them. It only takes a moment to answer the phone or use the restroom and an afternoon of fun can turn to tragedy.
Accidents can often be prevented, however, with proper maintenance or protection of the pool area. When a property owner or swimming pool operator is negligent in the regularly scheduled maintenance, or uses faulty equipment, accidents can happen, with disastrous results.
How long do I have to file a claim?
Again, the answer to this question will depend on what type of claim you are filing. If you are filing a personal injury claim, the state of New York imposes a strict three-year statute of limitations. A wrongful death claim is only allowed a two-year window of time to file.
If you think you may have a swimming pool accident claim, it is best to seek legal counsel immediately. Memories tend to fade over time; crucial evidence may be lost or destroyed, and witnesses may even relocate, making them hard to contact. The best thing you can do is allow your attorney to start an investigation immediately while all of the evidence is still available.
If you or a loved one has been injured in a swimming pool accident, our personal injury attorneys in NYC are here to help. We invite you to contact us for a no-cost consultation. We are available 24 hours a day, 7 days a week.
Contact our office for a FREE CONSULTATION at any time.
Prior results do not guarantee a similar outcome. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create; receipt or viewing does not constitute an attorney-client relationship.
How long will it take to resolve my case?
Please keep in mind that each case is different and treated on an individual basis. The length of time necessary to resolve a case will depend on many factors, such as what type of case is filed and whether the case goes to trial.
Many times, a fair and reasonable settlement may be reached in the pre-trial stage, shortening the process considerably. However, an experienced attorney knows that is not always the best option.
The time necessary to resolve a swimming pool accident case may range from a few months to a year or longer.
If you or a loved one has been injured in a swimming pool accident, we are here to help. We invite you to contact us for a no-cost consultation. We are available 24 hours a day, 7 days a week.