Swimming pool accidents are all too common in Florida and can lead to serious injuries or death. Many of these incidents result from carelessness on the part of property owners or lifeguards. A Miramar Beach swimming pool accident lawyer from Fasig | Brooks can help you hold the negligent party responsible.
If you or a loved one have been injured in or around a pool, one of our experienced Miramar Beach personal injury lawyers could help protect your rights and recover the financial compensation you deserve.
Contact us today for a free, no-obligation consultation.
Injuries Sustained in Swimming Pool Accidents
Pool accidents can lead to various injuries, including but not limited to drownings and near drownings.
Common injuries linked to pool accidents include:
- Oxygen deprivation: In drowning situations, the victim is deprived of oxygen, leading to potentially severe consequences.
- Brain damage: Near drownings can result in brain injuries, impacting victims’ cognitive functions and overall well-being.
- Head and neck injuries: Pool accidents can lead to head and neck injuries requiring immediate medical attention.
- Traumatic brain injuries (TBIs): Forceful impacts during pool accidents can cause traumatic brain injuries with long-lasting effects.
- Spinal cord injuries: Pool accidents, especially those involving diving into shallow water, might lead to injuries affecting the spinal cord, which can result in permanent disabilities.
- Back injuries: Pool accidents can cause various injuries to the back, ranging from strains to more serious issues like fractures.
- Broken bones: Falls and other impacts with hard surfaces can lead to broken or fractured bones, necessitating medical treatment.
- Lacerations: Accidents involving sharp objects in pool areas can cause cuts and abrasions that may require medical intervention and lead to scarring.
- Organ damage: Certain pool accidents might result in internal organ damage, requiring urgent medical care.
- Internal bleeding: Impact-related accidents can lead to internal bleeding, which can be serious.
The above injuries demand swift medical intervention, often resulting in high treatment costs and prolonged recovery periods. At Fasig | Brooks, we understand the impact of such injuries on victims and their families.
Our commitment is to secure maximum compensation for our clients. Should your insurance claim be unfairly denied, our Miramar Beach swimming pool accident lawyer is ready to represent you in court.
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Determining Responsibility in Swimming Pool Accidents
Pinpointing responsibility in the aftermath of a swimming pool accident can be complicated. It’s best to connect with a skilled personal injury attorney from our firm who can carefully evaluate your unique circumstances and pinpoint the parties accountable.
Depending on the specifics of your situation, any of the following entities might bear responsibility for the accident:
Premises Liability
Property owners have an obligation to take preventive measures to ensure swimming pools are reasonably secure. Private homeowners must install barriers around their pools that adhere to safety standards. These barriers should be at least four feet tall, gap-free, encompass the pool area, and have secure locking mechanisms.
Proper barriers, signage, and even lifeguards might be necessary for public pool owners. Property owners and operators can be legally held responsible due to premises liability when they fail to meet these safety requirements, and it leads to injuries or fatalities.
Individual Negligence
If an individual other than the property owner acts negligently or wrongfully, resulting in a swimming pool accident, they could be liable for the damages.
For example, a distracted or inattentive lifeguard at a public pool who fails to oversee swimmers effectively or execute timely rescues might be deemed liable. Furthermore, the entity employing the lifeguard or another negligent party could also share responsibility.
Defective Product Manufacturer
The manufacturer or distributor may be liable when faulty products or equipment, such as malfunctioning flotation devices, life rings, or pool filters, cause a pool accident. A product liability case can involve a range of pool equipment, from handrails and diving boards to pumps and drain covers.
Our experienced attorneys are well-equipped to pinpoint liability and effectively present these cases to insurance companies, judges, or juries.
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Potential Compensation in a Swimming Pool Accident Case
Depending on the circumstances of your case, you could recover various types of damages. While every case is unique, recoverable damages in a swimming pool accident claim may include the following:
- Medical expenses: You will need compensation for current and future medical bills, including hospitalization, surgeries, medications, rehabilitation, and ongoing treatment related to your injuries.
- Lost wages: If your injuries have caused you to miss work, you may be entitled to compensation for the wages you miss out on during your recovery and your future earning capacity if your injuries affect your ability to work.
- Pain and suffering: This broad category can include damages for the physical pain and emotional trauma you’ve experienced due to the accident and your resulting injuries.
- Property damage: This form of compensation covers damage to personal property, such as clothing, electronics, or personal items, that occurred during the accident.
- Loss of enjoyment: Damage for the loss of enjoyment of life can refer to your inability to participate in hobbies and activities you previously enjoyed.
- Wrongful death: In fatal swimming pool accidents, surviving family members may be eligible to seek wrongful death damages for funeral expenses, loss of financial support, and the emotional toll of losing a loved one.
When pursuing compensation, working with an experienced attorney who understands the intricacies of swimming pool accident cases is crucial.
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Florida’s Statute of Limitations for Personal Injury Claims
In the aftermath of a swimming pool accident, it’s important to understand the time limit for taking legal action. Florida law sets the statute of limitations for most personal injury cases at two years from the incident date. This means you have a limited window of opportunity to pursue compensation for your injuries and losses.
Waiting too long can result in your case being dismissed, leaving you without recourse. The legal process takes time to gather evidence, build a strong case, and negotiate with insurance companies. Consulting with an experienced attorney promptly after an accident will ensure your case is filed within the statute of limitations.
Time is of the essence for other reasons: Your attorney needs time to gather evidence, negotiate with insurers, and prepare your case for trial if needed. Also, the sooner you take action, the sooner you can obtain the financial recovery you need to move forward with your life.
Contact a Miramar Beach Swimming Pool Accident Lawyer Today
Our experienced team at Fasig | Brooks is dedicated to helping you get justice and financial compensation after an accident. Remember: the negligent party’s insurance company is not on your side. Let us advocate for your rights and fight for compensation to cover medical bills, lost wages, pain and suffering, and other accident-related damages.
Our swimming pool accident lawyer in Miramar Beach is ready to review your case, gather evidence, and craft a personalized legal strategy to pursue the maximum compensation available to you. Contact us today for a free consultation and take the first step towards securing your future.
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