Pool Drowning Lawsuit or Claim | Colorado Swimming Pool Accident Attorneys
If you have lost a loved one in a swimming pool accident in Colorado, you were likely not prepared for the mountain of grief and stress that you are now facing. You may also feel that the looming threat of medical bills, burial costs, and the loss of financial support are getting in the way of your grieving process. You perhaps have thought about legal action, but the idea of pursuing a wrongful death claim might seem overwhelming.
Colorado attorney James Shaw can help. Shaw has almost 30 years of experience representing clients seeking compensation for personal injury and wrongful death, including after swimming pool accidents. For a free consultation by phone, call the offices of Carabin Shaw now at 1-800-555-0101.When Can I File a Colorado Pool Drowning Claim?
When preparing to file a personal injury claim for a wrongful death related to a swimming pool accident, you may be unsure whether your case will be viable. A swimming pool drowning can happen for any number of reasons, and many of them indicate negligence on the part of the pool’s ownership, which leaves them vulnerable to wrongful death claims. Some negligent acts are:
- Not providing a lifeguard, or adequate signage indicating the absence of a lifeguard
- Employing inadequately-trained lifeguards
- Failing to mark depths along the pool
- Failing to keep a safe and clean area around the pool
- Providing inadequate, broken, or otherwise unsafe equipment
- Failing to properly filter and sanitize pool water
If you believe that any of the above were a factor in your accident, contact a Colorado personal injury lawyer specializing in swimming pool injury and wrongful death to help you with a personal injury claim.Swimming Pool Accidents and Children
If a child drowns in a swimming pool in a private home, the owners may be liable under what’s known as the “attractive nuisance” doctrine. This doctrine states that homeowners are responsible for any object on their land that both attracts children and is dangerous to them, such as a swimming pool. It is expected that children too young to know better will be drawn to an object like a pool, and it is incumbent upon the owners of that pool to make sure that they cannot do so unsupervised.
If a child drowns in a neighbor’s unsupervised pool, and you believe that that neighbor should have taken more steps to prevent that intrusion, a Colorado swimming pool accident attorney can help you pursue a claim.Should I File a Pool Drowning Lawsuit or Claim?
A claim and a lawsuit are two separate steps of the legal process. Most Colorado personal injury lawyers will advise you to pursue a claim before filing a lawsuit.
A claim is a complaint that outlines the circumstances of a wrongful death, how much you believe you are owed in damages as a result, and why you believe your opponent to be liable for that wrongful death. A claim will open up negotiation between your attorney and your opponent’s representation, and may well be settled without ever having to file a lawsuit.
If you and your opponent are unable to agree on an appropriate settlement, your attorney will likely have you file a lawsuit, which will allow you to see your claim decided upon in court. However, even after the step of filing a lawsuit, most wrongful death claims are ultimately settled out of court.How Can I Find a Colorado Swimming Pool Accident Attorney?
Most wrongful death lawyers offer free consultations so that you can make an informed decision before hiring. In these meetings, you might ask about a lawyer’s level of experience with swimming pool drowning claims, how often those claims are settled out of court, and how successful they see your case being. Be sure to only hire an attorney who can back up their knowledge of and experience with swimming pool wrongful death claims.
For a free consultation by phone, call the offices of Carabin Shaw now at 1-800-555-0101.