The initial moments and days after your pool accident are critical, not only for your well-being but for your chances for compensation as well. These are the most important steps to take after your injury accident:

• Take photos of your injuries
• Take photos of the area where you were injured
• Visit a doctor if you haven’t already
• Follow the doctor’s recommendations and attend all follow-up appointments
• Write down a narrative of what happened while it’s still fresh in your head
• Make a list of witnesses and their contact information if you know it
• Follow any additional instructions from your attorney

95% of pool or drowning accident cases, according to government statistics, resolve before needing to go to trial. The vast majority of pool or drowning accident cases will settle before the trial date arrives (sometimes even before a lawsuit is filed), and others will settle in the middle of trial. The most common reasons cases go to trial are:

• The defendant’s insurance adjuster and company believes they will win the case, so they offer a very low settlement or none.
• The insurance company doesn’t want to set a precedent for settling your type of pool or drowning accident lawsuit.
• The monetary amount demanded by your attorney is too high for the insurance company to settle without fighting the claim.
• Liability (meaning who is at-fault) or the injured person’s damages are too contested or questionable to find a middle ground.

The more time spent in preparation and building the case, the more likely your case will reach an appropriate settlement. But there are a lot of variables, and if your case is in the small percentage that go to trial, a Raleigh pool or drowning injury attorney can help prepare you for what to expect.

There’s no way to precisely value your claim, but an experienced Raleigh pool or drowning accident injury attorney may be able to give you an approximate value based on their experiences and prior results in other cases. The value of your claim includes your economic damages like costs for medical treatment, lost wages, future medical care, paying for help you need around the home, and physical therapy.

To approximate a total case value, you can add up your total economic damages and then multiply that figure by 1.5 or 2 (for moderate injuries) to account for pain and suffering, which will give you a rough range of what a jury might award might be or how an insurance company could value your claim. For serious injuries with significant permanent injury, you might multiply your total economic damages by 4 or 5 for those severe cases. For incidents that “shock the conscience,” like motorcycle and bicycle accidents involving drunk drivers, we have seen victims awarded damages 10x or more of their economic damages. In a recent drunk driving case, our team of car accident attorneys in Raleigh negotiated a settlement for our clients that was 13x their medical bills.

Whether it’s true or not, you are likely going to be blamed for causing your accident or injuries, even if just partially. You might even believe that you are responsible for the accident. However, there is a big difference between what regular people think about fault and what the law says. For instance, you might think a man stepping into a clearly visible 23 ft x 3 ft open service pit at an auto repair shop that he’s frequented for years is to blame for his own injuries. But the $1,800,000 settlement our team of Raleigh premises liability lawyers secured in that case in 2020 suggests otherwise.

Unlike other types of motor vehicle accidents, pool and drowning accident cases are often hotly contested because most defendants will blame the injured victim. Not only is that not fair, but we also know that it is also not true.

North Carolina does follow the doctrine of contributory negligence, which could prevent you from recovering damages from your accident if a jury believes you are partially to blame. However, an experienced Raleigh pool or drowning accident lawyer understands that defense and how to work around it.

A small of number of cases resolve very quickly before a lawsuit is even filed. It may take 3-4 months to obtain your medical bills and records and 1-2 weeks to negotiate with the claims adjuster. However, these cases are in the minority and are usually limited to very specific circumstances (like when liability is clear and the damages are so severe that they clearly are worth more than the limits of available insurance). Pool accident cases in particular extensive investigation and engineering analysis to determine the cause (code violations, lack of barrier, improper bank slope, etc) that lead to the accident.

In most other cases, litigation can last for a year or more. The more complicated or contested your case, the longer you can expect it to take. You do have some control over the length of your case because it’s up to you to accept or reject settlement offers.

There is limited amount of time you have to file a claim, also known as the statute of limitation. In North Carolina, for most pool and drowning accident cases, you have 3 years from the accident or injury to bring a claim. For accidents that resulted in death, you have 2 years from the date of the death. There is no wiggle room or do-overs when it comes to deadlines to file a pool and drowning accident claim, so it is in your best interest to get a Raleigh pool and drowning accident attorney involved as early as possible after your accident.

Pool and drowning accident liability in North Carolina is determined by the state’s laws and regulations, which outline the rules and guidelines for determining who is responsible for damages and injuries resulting from a pool accident. That includes state and local regulations for safety signage, lifeguards, and regular safety inspections.

Once you file the case, you serve the other side with a copy of the paperwork. Then you wait for them to file an Answer, which is just a legal document that admits or denies the allegations in your Complaint. At the time same, you have time to build your case by contacting witnesses, gathering medical evidence, and collecting evidence from the other party. This is known as “discovery.” At that time, you may be asked to give a “deposition,” which is sworn testimony under oath. An experienced pool and drowning accident lawyer in Raleigh can help, guide, and prepare you through this process.

In North Carolina, it is mandatory for the parties to also participate in “mediation” before the case goes to trial. Mediation is simply a meeting (either via Zoom or in a conference room) that all of the parties are required to attend, along with a professional mediator, to see if the case can be settled and resolved. A representative of the insurance carrier who decides how much money the carrier will offer will also be present. A majority of cases resolve through mediation.

Many pool and drowning accident attorneys will agree to work on your case with no money up front or out-of-pocket. If you succeed in your case, they will take a percentage of the compensation you receive either in your settlement or judgment from a jury verdict. This is also known as a contingency fee. In most of our cases, we charge a contingency fee equal to 1/3 of the amounts we recover on your behalf. That means we have a financial incentive to help you recover every amount you’re owed, not one penny less.

Hiring an experienced pool and drowning accident lawyer can provide you with numerous benefits. Injury attorneys know how to conduct initial investigations and save important evidence (before it could be destroyed) that might be needed for your case. They are able to work with experts, law enforcement, and first responders to prove what happened in your accident. They can assist with getting you the appropriate medical care and treatment.

Good North Carolina pool and drowning accident attorneys can also negotiate with the at-fault parties, their lawyers, and insurance adjusters to get you fair compensation for your injuries. But perhaps most importantly, an injury lawyer can take the weight and burden of the legal aspects of your case off your shoulders so you to focus on your recovery.

In a North Carolina pool and drowning accident lawsuit, the injured party (victim) files a formal demand for compensation called a Complaint. Once you file the case, you serve the other side with a copy of the paperwork. Then you wait for them to file an Answer, which is just a legal document that admits or denies the allegations in your Complaint. At the time same, you have time to build your case by contacting witnesses, gathering medical evidence, and collecting evidence from the other party. This is known as “discovery.” At that time, you may be asked to give a “deposition,” which is sworn testimony under oath. An experienced North Carolina pool and drowning accident lawyer, like our team in Raleigh, NC, can help, guide, and prepare you through this process.

There is limited amount of time you have to file a claim, also known as a statute of limitation. In North Carolina, for most pool and drowning accident cases, you have 3 years from the accident or injury to bring a claim. For accidents that resulted in death, you have 2 years from the date of the death.

There’s no way to precisely value your claim, but an experienced North Carolina pool and drowning accident attorney may be able to give you an approximate value based on their experiences and prior results in other cases. The value of your claim includes your economic damages like costs for medical treatment, lost wages, future medical care, paying for help you need around the home, and physical therapy. Most pool and drowning accidents result in catastrophic damages and potentially the loss of life. Wrongful death claims are evaluated under an entirely different metric than regular personal injury claims.

To approximate a total case value, you can add up your total economic damages and then multiply that figure by 1.5 or 2 (for moderate injuries) to account for pain and suffering, which will give you a rough range of what a jury might award might be or how an insurance company could value your claim. For serious injuries with significant permanent injury, you might multiply your total economic damages by 4 or 5 for those severe cases. For incidents that “shock the conscience,” like car accidents involving drunk drivers, we have seen victims awarded damages 10x or more of their economic damages. In a recent drunk driving case, our team of car accident attorneys in Raleigh negotiated a settlement for our clients that was 13x their medical bills.

The doctrine of an attractive nuisance creates property owner liability for trespassers if the property owner maintains an attractive nuisance. A body of water, especially a pool, is almost always a unique danger that is an attractive nuisance. There are some important components to state a cause of action (or claim) for an attractive nuisance.

Young Age of Trespasser
First, the trespassers have to be minors, and particularly young children that are not expected to appreciate the risks and dangers of the nuisance. Thus, it is more likely that the doctrine will apply to a 5-year-old rather than a 16-year-old, especially for a swimming pool

Who Owns the Property
Second, the property owner must own the property and the attractive nuisance. For example, in a tragic 2023 accident, a four-year-old child who lived in an apartment complex drowned when he fell into his apartment complex’s pool, which was surrounded by a fence. Although the apartment complex owned the fence, it was poorly maintained and failed to comply with state requirements. So the apartment complex could be liable.

Property Owner Failed to Act Reasonably
Third, the property owner must have failed to act with reasonable care under the circumstances. This means that a property owner must take certain steps to prevent a foreseeable harm from occurring. For example, if the HOA knows that children have gone near or in a pool but only put up “no swimming” signs, that might not be reasonable if a child under the age of 2 (who can’t read) drowns. Whereas if the HOA put up a fence, splash alarms, a camera, and a locked gate, that would be very reasonable. However, HOAs rarely take actions to protect against injuries in pools.

No, pain and suffering is different from economic damages like medical bills and lost wages. Pain and suffering relates to the hassle, anxiety, stress, actual pain, and trauma you suffered as a result of the injury. But you have a right to claim full compensation for your injuries, which means medical bills, other economic damages, permanent disability, AND pain and suffering. Pain and suffering is on top of and in addition to your economic damages, like medical bills.

There is no magic formula for determining what amount of pain and suffering is fair in your injury on property case. In general, pain and suffering is proportional to the injuries you suffered. If your injuries are severe and/or caused permanent disability, the more pain and suffering compensation would be fair to award in your case. In a case with severe injuries and lifelong suffering, you might be awarded pain and suffering that is 5x or more of your economic damages (medical bills, lost wages, etc). In minor injury cases, your pain and suffering may be slightly less or equal to the amount of your medical bills.

However, sometimes there is a disconnect between what is just and fair in your case vs. what an insurance company or at-fault party will actually pay. A good Raleigh pool and drowning accident lawyer has experience and even tools that can investigate recent judgments and settlements in your area to give you the best leverage in settlement negotiations so you can recover what is fair.

• Pool and recreation operation companies typically hire young lifeguards and staff and provide inadequate or infrequent training
• During the summer months, pools and recreation areas are frequently overcrowded, which makes safety and lifeguarding more difficult
• Given the dangerous nature of water and recreation areas, small mistakes or lax safety – even for a moment – can result in catastrophic injures or death
• Children – who can be difficult to see in the water or while submerged – can be overlooked by lifeguards and safety staff

There are several defenses that property owners or property tenants may raise in a pool accident case in North Carolina. Having these defenses available to them can make a pool accident claim difficult to win, which is why we recommend hiring an experienced pool and drowning accident lawyer to help.

CONTRIBUTORY NEGLIGENCE
One defense is contributory negligence, which means that the injured person’s own actions contributed to the injury. If the injured person was partially at fault for the injury, they may be barred from recovering damages or their damages may be reduced by the percentage of fault attributed to them.

OPEN AND OBVIOUS
Another defense is that the danger was open and obvious, which means that the injured person knew or should have seen the dangerous condition on the property before being injured. For example, if jumps into the shallow end of a pool in the presence of “NO DIVING” signs, that may prevent them from recovery in a lawsuit.

Yes, you can file a pool or recreation area accident lawsuit without a lawyer. However, if you bring your case on your own, you’re subject to the same rules and standards as you would be if you had an injury attorney. You are required to follow the same formalities and rules when filing court documents. The rules of discovery, admission of evidence, and civil procedure will still apply to you in your case. If you make a mistake, there is a chance that you case will be dismissed or thrown out. While you can file a civil lawsuit without an attorney, your best chance to recover the maximum amount possible is working with an experienced pool and drowning accident lawyer.