New York Swimming Pool Accident Attorneys | 10005 | Law Offices of Michael S. Lamonsoff | New York
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New York Swimming Pool Accident Attorneys

The cool glistening water that quietly beckons from a swimming pool is a great way to beat the summer heat. However, there are some serious threats that lurk beneath the inviting waters. A swimming pool that is not seriously maintained is one of the biggest hazards around, and it only takes moments for a tragic accident to change someone’s reality. With many times, the innocent victim being a young child. The U.S. Consumer Product Safety Commission estimates that at least three hundred children under the age of five accidentally drown in swimming pools every year. 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. 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 burden and help keep another family from suffering the same fate. The Law Offices of Michael S. Lamonsoff, PLLC, understands 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 more than a century of experience handling aquatic litigation and swimming pool accident claims.

How do swimming pool accidents happen?

 

Many swimming pool accidents are slip and fall accidents because the surface near the pool is wet and slippery. Life guard error or distraction accounts for some swimming pool accidents and injuries. Parent or guardian distraction, for that matter, may account for many of them. It only takes a moment to answer the phone or use the rest room and an afternoon of fun can turn to tragedy in an instant. A property owner or swimming pool operator may be negligent in the regularly scheduled maintenance or protection of the pool area. Faulty or missing equipment can cause swimming pool accidents and defective safety latches can fail to keep small children out of unsupervised pool areas. The list can go on and on. The best defense against these types of accidents is a good offense, namely prevention.

What type of lawsuit is filed in a swimming pool accident?

Two little girls and boy fun jumping into the swimming pool, shoThere 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. Each state has its own specific laws that govern the statute of limitations and the type of damages that may be awarded with each claim. If you find yourself in either of these circumstances, the experienced aquatic litigation 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, noneconomic, 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 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.

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.

How long will it take to resolve my case?

New York Swimming Pool Accident AttorneysPlease 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 length of time necessary to resolve a swimming pool accident case may range anywhere from a few months to a year or longer.

Call an experienced New York swimming pool accident attorney today.

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 length of time necessary to resolve a swimming pool accident case may range anywhere from a few months to a year or longer.

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