Parents dealing with one of the many child pool accidents that occur in the United States each year know exactly how difficult it can be to deal with the aftermath. Dealing with the immediate issues, like the health, or even untimely death, of a young one can be daunting.
This may be followed, though, by a feeling of inaction. Parents or guardians often feel the need to do something about it when their child has been seriously injured or has died as a result of an accident caused by another's negligent actions or inaction.
This is a natural and understandable feeling. Individuals have all kinds of reasons for wanting to sue after child swimming pool accidents, including holding the negligent party responsible and paying for medical expenses and other losses in the aftermath of the accident. Parents can discuss the possibility of filing a claim with an Atlanta personal injury attorney who can help them review their options.
How common are child pool accidents?
How serious is the issue of swimming pool accidents? The Center for Disease Control and Prevention's (CDC) Morbidity and Mortality Weekly Report from May 18, 2012 on drowning in the United States from 2005 to 2009, estimates that over 3,000 people annually – many of them children – had drowning incidents in swimming pools of various types, with an average of over 600 fatal accidents each year.
Children aged 1-4 had the highest rate of drowning incidences, as well as the highest rate of fatal accidents.
Drowning accidents occur at:
- private residences;
- water parks; and
- public parks.
For example, the City of Atlanta operates over 20 public swimming pools. If an accident were to occur under the supervision of public officials who failed to follow reasonable safety guidelines, then the city may be considered liable for any injuries and a lawsuit may be possible.
How to Seek Compensatory Damages
If you are thinking of filing a lawsuit seeking compensation for wrongful death or injury, seek out an Atlanta personal injury attorney who has handled similar cases in the past. You can go over the details of the accident with your lawyer to discuss which damages may be available, as this depends on the impact that the injuries have had on the child and/or his or her parents.
For example, medical expenses to treat injuries suffered by the child in the pool accident may be recoverable, as well as any future expenses for long-term care that might be necessary for serious, chronic conditions stemming from the accident. In a case of wrongful death following a child drowning accident, medical expenses incurred prior to death may be recoverable, as well as reasonable funeral expenses.
After a child pool accident, a thorough evaluation from a doctor complete with long-term prognosis may be helpful when determining the compensatory damages that may be sought in the lawsuit. This can help parents get a better idea of not only current expenses that may be recoverable, but any long-term or future care that may be required.
The statutes of limitations for personal injury and wrongful death cases are two years in Georgia. Parents should start discussing their desire to pursue compensation as soon as possible and begin the process to ensure they do not fall behind the two-year time limit.
Seeking Help with an Atlanta Personal Injury Attorney
Parents may seek out legal help at the Law Offices of Jason Schultz. An Atlanta personal injury attorney can go review the legal options that may be available to parents who have lost a child or whose child has been seriously injured in an accident around a swimming pool. Your lawyer can help determine liability, build the case and pursue compensation following a child pool accident.