Were you or a loved one injured in an accident that could have been prevented in another person’s pool, public pool, or theme park water feature? Summer swimming is one of life’s great enjoyments. Getting seriously injured in one of these places is not only painful, but often frightening and traumatic. If the accident was due to someone else’s carelessness or negligence, you’ll probably also be angry and frustrated. We are so sorry if you are going through this right now. Our Texas pool accident attorneys want to help you get the fair compensation you deserve for your injuries. Call The Bowen Law Firm, PLLC today at 713-574-7777 for a free consultation.
Causes of Pool Accidents
Injuries in and around pools might happen because of poor maintenance, for example if the concrete around the pool is broken and cracked, causing a tripping hazard, or there is insufficient protection from slipping on this often-wet area. An injury could be due to faulty equipment, such as when a diving board or water slide are broken. It could also be due to negligent security issues, such as lack of fencing at a hotel to prevent small children from access to a pool too deep for them. Our Texas pool accident attorneys will review the details of your case and guide you as to whether you are likely to succeed with a claim. Call today 713-574-7777 or visit us online at www.BowenLF.com.
What to Do If You Were Injured in a Pool Accident
When you or a loved one is injured in an accident at a pool, it’s important to make a record of all the circumstances you can remember, for future reference should you open an accident claim. You should do this as soon as you have received medical attention for the injured party, whether it’s yourself or a loved one.
Failing to get medical care after a pool accident is a big mistake that can impede both your physical recovery and your chances of recovering damages for your injuries. You not only want to make sure there aren’t any injuries that aren’t immediately obvious, such as a concussion, but you also want to start a timeline of the events and injuries. Not doing so is a gift to the insurance company, which will be scrutinizing your claim for any wiggle room. Lack of medical proof of injury gives them a chance to say you were not as injured as you claim. A delay in seeking care can give them a similar opportunity, claiming you were not injured in the accident on the day you were at their facility. Getting medical care protects you from tactics like this and should be your first priority. Our Texas pool accident attorneys have seen this “blame the victim” tactic and many more, and have experience challenging them.
Should You Notify The Facility?
People often wonder whether or not to notify someone at the facility about the injury. Whether you think the injury is large or small, we suggest you let the facility know. This will open an accident report and establish further record of the incident. Documentation is important, including the date, time, type of injuries known at the time, and the names of employees present. Be sure to get the name of the manager on duty.
Not establishing a report of your injury only serves the insurance company, much the same as delaying or skipping medical care. Speak up, and be sure to get a copy of the paperwork. Don’t sign it however, until you’ve read it and confirm that it accurately states the facts. Don’t sign anything you don’t feel comfortable signing. If at all possible, contact an accident attorney for guidance before you sign anything. Communications after an accident due to negligence are tricky. When in doubt, protect your rights and call a Texas pool accident attorney as quickly as possible.
When considering communications, you should avoid speaking to the insurance company. They will very likely contact you shortly after the incident in an effort to get a recorded statement of the incident. It’s important not to give them one, and not to speak to the insurance company at all without your attorney’s guidance. Insurance companies’ first priority is making money, and to do that they need to pay on as few claims as possible. Their adjusters are trained in getting information from you they can use to their advantage. Having an experienced attorney to communicate for you is your best protection. Call us today at 713-574-7777 for your free consultation.
One of the biggest mistakes people make after being injured in a pool at a theme park or public facility is to attempt to file an accident claim with the insurance company without an attorney. Even the most capable individual is not at their most effective when in pain and traumatized. This true even if the injured party was a loved one, especially if it was your child. When we are vulnerable, whether physically, mentally, or emotionally, the smartest thing we can do is reach out for help. Our Texas pool accident attorneys have the specialized training to build and file this particular type of personal injury case. Don’t go it alone— let The Bowen Law Firm fight for you.
Another mistake only slightly smaller than not hiring an attorney immediately is believing every attorney can handle your case with equal results. The law is broken into many categories, and each has its own rules and regulations. Your uncle’s patent attorney is probably not the best candidate to step into a court room in an accident case, should it become necessary. Not all cases go to trial. In fact, most are settled out of court. But if your case goes the distance, you want your attorney to be able to, as well. Our Texas pool accident attorneys have the knowledge base and resources to take your case as far as it needs to go to reach a successful conclusion.
How Does Shared Fault Affect the Potential of My Case?
Texas’s “Shared Fault” rule allows for the value of your claim to be lowered according to the percentage of fault you bear in the accident. This does not mean all hope for recovering compensation is lost, however. If you bear between 1% and 49% of the responsibility for the accident, you can still receive some damages. If you are found holding 50% or more of the responsibility, you won’t be able to collect damages.
An example of partial fault could be if someone was running around the pool decking and slipped. The injured person could be found partially at fault for running, but if there were no precautions to help prevent slipping, no signage, and no lifeguard supervision, it is likely some liability will fall on the owners of the pool. Our Texas pool accident attorneys know how to comb through the specifics of your case and give you reliable guidance. Contact us online at www.BowenLF.com for a free consultation.
How Are Damages Awarded in a Pool Accident Case?
In personal injury cases, compensation is awarded in the form of a monetary award to pay for the damages, or various ways in which harm was caused to the injured party and their loved ones. The amount that the injured party should be compensated for is determined by addressing two types of damages. Economic damages are for the ways you were financially harmed by your injuries, and non-economic damages are for other ways you were harmed, such as mental and emotional pain.
To quantify economic damages, an attorney will total up the cost of medical expenses, including projected future expenses, such as surgeries. Long-term expenses, such as physical therapy or a caregiver can also be estimated, due to known costs.
Your family may be suffering from the additional financial impact of the injured person not being able to work during recovery. The length of time they are kept from earning is a key factor in deciding economic damages, as is whether they will be able to return to work at the same earning capacity.
The mental and emotional harm suffered will comprise non-economic damages. Examples of just a few non-economic damages are loss of comfort and companionship, pain and suffering, and anxiety. The more abstract, emotional nature of this type of injury makes it more difficult to quantify, but not less impactful. Our skilled Texas pool accident attorneys can guide you through all the considerations involved in assessing damages to get the compensation you deserve. Call 713-574-7777 today.
What is the Time Limit for Filing a Pool Accident Claim in Texas?
In the state of Texas, it’s important to know that the general time limit for filing a personal injury claim is two years from the date of the incident. Exceptions to this limit are specific and limited, and in most cases, missing the filing deadline will get your case thrown out.
It is also important to know that in the state of Texas, if the party you are filing against is a government entity, such as a municipality, the statute of limitations can be much shorter. In some cities, you may have as few as 45 days to file. There may also be specific regulations on how the claim is filed and how much can be recovered.
The specific statutes of limitation in Texas and other restrictions pertaining to suing a government entity are further evidence that it’s to your advantage to have The Bowen Law Firm, PLLC by your side. Call us today for your free consultation.
Contact Our Texas Pool Accident Attorneys Today
When you or a loved one has been injured in an accident in a pool due to someone’s negligence or carelessness, it’s important to know and protect your rights. Our Texas pool accident attorneys have the necessary research skills to gather and interpret evidence to build you a strong case. They know the regulations and restrictions for proper filing, can negotiate effectively with the insurance company, and have the experience to bring your case to trial, if necessary. Right now, you have more than enough to do focusing on healing physically, mentally, and emotionally from a traumatic, painful accident. We’re here to stand up for you and take on the legal fight to get you the compensation and justice you deserve. Contact us today at 713-574-7777 for your free consultation.