Hire A Lawyer Immediately After An Apartment Drowning Accident

It is crucial to hire a lawyer as soon as possible after a drowning incident at an apartment complex. There is critical evidence that must be preserved before it disappears or is altered, such as fixing a previously broken gate. There are also deadlines associated with the legal process that a lawyer is best prepared to meet.

Facing the tragic loss or injury of a child or family member due to an apartment drowning can be overwhelming. In these devastating moments, knowing when and how to take legal action is crucial to ensure accountability and receive the support you need. 

This guide will help you understand when you should hire a lawyer, the steps the lawyer will take throughout the claims process, and the key legal considerations that can affect the case.

If you or someone you know has been impacted by an apartment drowning, don’t wait to contact an attorney. Call Sneed & Mitchell LLP at (866) 434-0014 for immediate assistance, or schedule a free consultation online to discuss your rights and how we can help protect your family’s future.

Why It Is Important To Quickly Hire An Apartment Drowning Attorney

It is important to hire a lawyer immediately after an apartment drowning incident for several reasons. The first is to preserve important evidence, such as surveillance footage, maintenance records, or witness statements. Evidence not photographed or gathered near the time of the drowning incident can be lost or altered over time. A lawyer can ensure this evidence is collected and properly documented before it disappears.

There are also legal time limits, known as statutes of limitations, within which a drowning injury or wrongful death claim must be filed. Delaying legal action could result in losing the right to pursue compensation, secure closure, or guarantee vital corrections to safety protocols.

Acting quickly after an apartment drowning incident allows a lawyer to protect your rights, advise you on the best legal course, and help avoid mistakes that could weaken your case.

Why Hire a Personal Injury Attorney After An Apartment Downing Incident?

By engaging your own Personal Injury Attorney as soon as possible, you ensure your rights are fully protected against potentially liable parties who may want to blame you for the tragic event. An experienced Drowning Accident Lawyer can handle the entire process, so that your family can focus on healing during this time.

Here are some of the key services a lawyer performs on your behalf:

1. Investigate the Incident

An attorney will thoroughly investigate the circumstances surrounding the aquatic accident to determine if the drowning occurred as a result of company negligence. Oftentimes, apartment complex owners or management companies cut corners to maximize profit, which can subject tenants and guests to severe consequences. 

When investigating pool drownings, an attorney and their case experts look for things such as insufficient gates, broken access locks, faulty pool equipment, lack of warning signs, subpar water depth demarcations, and other safety violations.

Gathering evidence such as witness statements, security footage, and police reports if available is important to build the strongest possible case. An attorney will be proactive in filing paperwork to halt any destruction or hiding of evidence a landlord or property owner may attempt to shield themselves from consequences.

2. Calculate the Damages

Another important duty for an attorney is an assessment of the extent of damages recoverable under Texas law. The Damages you could be entitled to include those covering a family’s economic and emotional losses related to the drowning. 

Financial losses include costs such as ambulatory services, medical bills, funeral costs, and more. If the drowning victim was an adult, calculations of lost wages and missed economic opportunities are determined by an economist to aid the assessment.

Another aspect of Damages includes the pain and suffering experienced by the person who drowned, as well as the lifelong emotional trauma for the family. Attorneys determine both the immediate and long-term impact of the harm, and translate those losses into financial figures that the court system can understand and award.

3. Negotiation and Litigation

Drowning injury and accident claims can be highly contentious, as they involve dealing with insurance companies or opposing counsel that have a goal of trying to minimize payouts. The law firm will handle all of these communications, ensuring that survivors receive fair compensation for their losses without having to re-traumatize themselves through engaging in argument without representation.

If an adequate settlement cannot be agreed upon, an attorney will file a lawsuit on your behalf, and represent you in court to seek maximum compensation for your claim. Once again, lawyers handle this emotionally fraught process to spare families unnecessary hardships.

According to statistics gathered by the Bureau of Justice Statistics (BJS) and the National Center for State Courts (NCSC), by hiring an experienced Personal Injury Attorney, victims and families increase their chances of obtaining a significant settlement, and holding the responsible parties accountable.

For more details on what you can expect from the legal process related to your situation, contact Sneed & Mitchell LLP at (866) 434-0014 for further information.

What Is Negligence and Liability Related to Apartment Drowning?

Negligence and liability in apartment drowning cases happen when someone like a landlord or property manager doesn’t keep the place safe, and that failure causes a drowning.

Negligence means not doing what’s needed to make things safe. This could include not putting up fences around a pool, not having safety gear, or ignoring pool upkeep. To prove negligence, you have to show that the unsafe conditions directly caused the drowning and led to harm, like an injury or death.

Liability in drowning cases refers to the pool rules and responsibilities the property owner violated and that whose negligence contributed to the accident. Potentially liable parties can include the property owner, a property management company, and other third-party contractors (see full list in the following section). Successfully proving both negligence and liability is key to securing compensation for the victim or their family in an apartment drowning case.

Who May Be Liable in Apartment Drowning Accidents?

In a civil case, as opposed to criminal cases which are handled by police and prosecutors, the following parties may potentially be held responsible:

Property Owner or Landlord

A property owner or landlord has to make sure the pool on their property is safe and well-maintained. If they don’t put up proper fencing, keep gates working, put up warning signs, or fix broken equipment, they could be blamed for any injuries or deaths. They can also be responsible if the pool doesn’t follow local safety rules, like not having barriers to stop people from getting in without permission or having slippery areas that cause accidents.

Apartment Management or Property Management Company

If an apartment or property management company is in charge of keeping the pool safe, they could be held responsible if they don’t follow safety rules or inspect the area regularly. For example, if tenants report problems like broken gates, bad pool equipment, or unsafe chemicals and the company doesn’t fix them, they could be seen as ignoring their job. Not fixing known safety issues or delaying repairs could get them into legal trouble, especially if someone gets hurt or dies because of their negligence.

Contractors or Maintenance Workers

Independent contractors or maintenance workers who are hired to repair or install pool equipment, fencing, or other safety features may be held liable if their negligence directly contributes to an injury or drowning. For instance, if a contractor improperly installs a pool gate or fails to repair a faulty drain cover, this could result in an unsafe environment.

Pool Maintenance Company

A pool maintenance company can be held liable if the company’s failure to properly maintain the pool creates dangerous conditions that lead to injury or death. This could involve improper chemical balancing, which may result in skin irritations, respiratory issues, or poor water clarity, making it difficult to see a drowning victim. Similarly, malfunctioning filters or broken pool equipment that are not properly repaired could lead to unsafe conditions. 

Lifeguard or On-Site Personnel

If a pool complex employs lifeguards or on-site personnel to monitor the pool area, they can be held liable for failing to act appropriately during an emergency. Lifeguards are trained to provide supervision, prevent accidents, and administer life-saving measures like CPR when needed. If a lifeguard fails to properly monitor swimmers, neglects to enforce pool rules, or does not respond quickly in a drowning situation, they may be considered negligent.

Premises liability law exists to hold property owners responsible for their duty to ensure a safe environment for residents and guests. By pursuing a legal case for your family, you can help improve future community safety for other individuals, families, and children.

Contact Experienced Apartment Drowning Injury Attorneys

The sooner you contact an experienced injury attorney to handle an apartment drowning case, the better. Once you sign with a lawyer, their team takes over communications with the landlord, insurance company, or opposing counsel. The law firm does the work necessary to gather evidence, and documents and properly files that information before crucial deadlines run out. A delay in contacting an attorney can be the difference between a robust resolution, a partial payout, or no consideration at all.

If you or a loved one experienced a drowning accident here in Texas, call 866-434-0014 to speak with a Drowning Accident Lawyer today. You can also click on the “live chat” button for immediate assistance, or request that we call you through our Contact Form by Clicking Here.

And remember, we handle all cases on a “No Win No Fee Basis”, so you pay nothing until we win. Also, from our offices in Houston, Dallas, Austin, and San Antonio, to ensure we always have an attorney near you. If your family would like a home or hospital visit, we are more than willing to come to you.