Swimming is a favorite pastime and form of exercise for adults and children alike. In the summer months, swimming pools offer relief from the hot and humid weather in St. Louis. With all the benefits swimming pools offer, they also come with danger. People can have various accidents in and around swimming pools, leading to serious, sometimes fatal, injuries.
If you or your child has suffered injuries in a St. Louis swimming pool accident, you might be eligible to receive compensation for damages related to the injuries. The experienced St. Louis swimming pool accident lawyers at Bruning Law Firm can review your case, determine your eligibility for compensation, and help fight to get you compensation for your injuries. We understand the physical, emotional, and financial aftermath of severe injuries and are here to help.
Why Choose Bruning Law Firm?
The skilled legal team at Bruning Law Firm has advocated for victims of negligence for more than 35 years. They have recovered millions of dollars in damages for clients in settlement agreements and jury verdicts. National organizations like Super Lawyers and The National Trial Lawyers Association have recognized members of the firm for their professional excellence. Additionally, members of the firm belong to the Million Dollar and Multi-Million Dollar Advocate Forum.
Bruning Law Firm has the knowledge and resources to take on intimidating insurance companies while maintaining a culture that promotes personalized attention. As a family law firm, the personal injury lawyers at Bruning Law Firm cannot help but treat their clients like family. If you or your child has suffered injuries in a St. Louis swimming pool accident, focus on healing and rehabilitation. Let an experienced lawyer advocate for you and fight to get you compensation for your injuries.
Contact Bruning Law Firm online or call us at (314) 735-8100 to discuss your swimming pool accident injuries during a free consultation and learn more about how we can help. Our office is conveniently located in downtown St. Louis, only a block from America's Center Convention Complex on Washington Avenue. However, we understand that injuries and personal circumstances make it difficult for clients to travel to our office, so we also provide convenient virtual meetings for our clients.
St. Louis Swimming Pool Accident Compensation
Missouri law permits you to take legal action after you or your child suffers injuries in a St. Louis swimming pool accident. You can bring a civil lawsuit against the responsible party(s) to seek compensation for damages related to your injuries. Each claim has different facts and circumstances that impact the type of damages someone can recover.
Common damages included in settlement agreements and jury awards include compensation for:
- Medical treatment costs. including ambulance service, emergency room treatment, hospital stay, surgery, diagnostic imaging, lab tests, prescription medication, doctor visits, and transportation costs to and from the doctor and hospital
- Estimated future medical treatment costs when a swimming pool accident leads to a permanent injury that requires continued care and treatment, sometimes in a long-term or transitional nursing care facility
- Rehabilitation costs, including physical therapy, occupational therapy, mental health services, and other specialized treatment that helps injured people face the physical and emotional aftermath of their injuries
- Lost wages from missing work because of the swimming pool accident, injuries, and healing
- Estimated future lost wages for those who suffer permanent injuries that stop them from returning to their job or working in the future
- Physical pain and suffering
- Emotional distress
- Diminished quality of life
- Loss of consortium
- Scarring and disfigurement
Factors that affect how much your St. Louis swimming pool accident claim is worth include:
- Nature of injuries
- Severity of injuries
- Total economic loss
- Likelihood of a full recovery
- Insurance policy limits
An experienced St. Louis swimming pool accident lawyer can review your case, determine which damages apply, and give you a ballpark estimate of how much you could receive in compensation.
Statute of Limitations for St. Louis Swimming Pool Accidents
St. Louis residents who have suffered injuries in a swimming pool accident need to take action as soon as possible for the best chance to recover the maximum amount of damages for their injuries. Missouri’s statute of limitations for personal injury cases is among the longest in the United States—five years. However, you do not want to wait before contacting a lawyer about your St. Louis swimming pool accident claim.
Once you hire Bruning Law Firm to represent you in your St. Louis swimming pool accident claim, they can investigate your claim, gather relevant documents, talk to eyewitnesses, and consult with doctors and other medical experts. Witness statements become less reliable as time passes, and some witnesses move away. It is best to consult with an attorney soon after your accident, so they can find the best evidence to support your claim.
If you have lost a child or other loved one in a St. Louis swimming pool accident, you might be eligible to recover damages related to your loss. Eligible family members must file a wrongful death lawsuit against the responsible party within three years from death. We can answer further questions about wrongful death lawsuits during a free consultation.
Causes of St. Louis Swimming Pool Accidents
Swimming pool accidents can occur at public and private pools in backyards, hotels, theme parks, apartment complexes, and other locations. Young children are especially vulnerable. The Consumer Product Safety Commission (CPSC) warns that child drownings are the leading cause of death for children between one and four years old. Most swimming pool accidents are preventable and occur because of negligence.
Examples of specific actions and failures that might result in swimming pool accident injuries include:
- Inadequate pool maintenance, including failure to inspect steps, drains, ladders, slides, and diving boards
- Failure to build a barrier fence around the swimming pool to keep small children out
- Failure to provide ring buoys, floats, and other safety gear
- Cracked and unclean concrete or tiles in and around the pool
- Failure to control the number of people in the pool, leading to overcrowding
- Failure to provide supervision, which can refer to a lack of lifeguards or adults, depending on who owns the pool
The Attractive Nuisance Doctrine in St. Louis Swimming Pool Accident Claims
In most premises liability cases, including those involving swimming pool accidents, the extent to which a property owner or business owner is liable for damages from injuries hinges on visitor status. Owners are typically not liable for trespassers. For example, if someone breaks into a hotel pool after it is closed for the night or uses a neighbor’s pool without permission, they might struggle to recover damages. This is not the case with child trespassers.
Swimming pools fall under the umbrella of things referred to as “attractive nuisances.” An attractive nuisance is something that attracts children to a property. Swimming pools are the most common example, but playground equipment, abandoned buildings, heavy machinery on a construction site, and various other items and structures also qualify as an attractive nuisance.
Missouri’s Supreme Court has clarified how the attractive nuisance applies to personal injury claims.
If your child drowned or suffered other swimming pool accident injuries, you must prove:
- The owner knew that children would likely trespass and wander towards the pool or, for older children, use the pool.
- The owner knew or should have known the danger their pool posed to children.
- Children likely do not recognize the danger of the swimming pool.
- The effort required to protect children is minor compared to not providing protection. In a swimming pool accident case, this typically refers to building a fence or other barrier around the pool.
- The property owner did not adequately protect kids from the swimming pool.
Your St. Louis swimming pool accident lawyer can review your swimming pool accident case and advise you on whether the attractive nuisance doctrine applies.
Fighting the Insurance Company After a St. Louis Swimming Pool Accident
Insurance companies do not stay in business by paying the full value of every claim they receive. They deny as many claims as possible, even when their policyholders are clearly at fault for accidents and injuries. When fault is undeniable, insurance carriers change their focus to devaluing personal injury claims. Swimming pool accident insurance claims typically involve homeowners insurance or commercial business insurance.
Although you can file a claim on your own, it is best to let a lawyer handle communications. The insurance company will take your claim more seriously when you have legal representation. Additionally, a lawyer can protect the value of your claim by preventing questionable tactics often used by insurance carriers to avoid financial liability.
After an insurance company receives a claim, they typically assign a representative or adjuster to investigate the claim and decide whether to deny the claim. They gather as much evidence as possible and take special care to find ways to reduce the amount they have to pay on the claim. They will likely ask you for a statement and sign a waiver to release your medical records. Your lawyer will ensure the insurance company does not get more information than what you are legally required to provide.
For example, insurance companies often request recorded statements from claimants about their injuries. They comb through every word repeatedly to find a way to use those statements to reduce the value of a claim. You do not have to allow them to record your statement.
Insurance carriers also like to obtain a claimant’s entire medical history. They review your history to find evidence of preexisting injuries, so they can downplay the injuries you suffered from the swimming pool accident.
You only need to provide medical records related to your injuries. Your lawyer can review your records and advise you on what you need to share with the insurance company.
Early Settlement Offers from Insurance Companies
Another way insurance companies reduce the amount they need to pay on a claim is by making an early settlement offer to claimants, especially when they know their policyholder is at fault. They make an offer large enough to tempt injured victims with massive medical bills who cannot work because of their injuries.
Yet, these predatory offers are often less than the value of a claim. Accepting these offers provides relief in the short term but can leave claimants without the funds they need in the long term.
Once you accept a settlement offer from an insurance company, you must also waive your right to seek compensation for the same injuries in the future. Early settlement offers often come before you know the full scope of your injuries and your likelihood of a full recovery.
If you need additional surgeries, more care, or cannot return to your job, you must get the money you need for additional care and pay your monthly expenses. Some families amass credit card debt and struggle to pay for daily needs. In the worst cases, people can lose their homes, lose their vehicles, and might have to file for bankruptcy.
Seasoned personal injury attorneys, including swimming pool accident lawyers, have experience facing intimidating insurance carriers and their legal teams. They anticipate their strategies and know how to evaluate a settlement offer fairly. It is best to let your lawyer review any offers before accepting them.
Contact a St. Louis Swimming Pool Accident Lawyer Today
If you or your child have suffered injuries in a St. Louis swimming pool accident, let Bruning Law Firm advocate for you. Submit your case for review online or call us at (314) 735-8100 to share your story during a free consultation. Until you can meet with us, follow your doctor's treatment plan and keep all related appointments.
Come to your consultation with copies of medical bills, pay stubs, and other proof of economic loss. If you don’t have these items, we can track them down for you. Finally, keep a daily journal to record thoughts and feelings about the emotional and physical pain you have faced.
We understand the challenges you have been going through and the tough decisions you will have to make in the coming weeks and months. You do not have to go through it alone to recover damages after a swimming pool accident. Let Bruning Law Firm help you fight the insurance company while you focus on recovering from your injuries and moving on with your life.
The Bruning Law Firm
The Bruning Law Firm, St. Louis Office
Address: 555 Washington Ave Ste 600A,St Louis, MO 63101
Phone: (314) 735-8100
Client Testimonial
"When other law firms failed me. Bruning Law Firm came through for me. They did a great job and were able to get me more compensation than I expected. Couldn't be more pleased. Truly glad these folks were there for me. Took care of everything. Truly pleased. Tthank you Ryan and Alice." - Joseph F.
Rating: 5/5 ⭐⭐⭐⭐⭐
February 2020
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