When a day at the pool turns into a nightmare, victims or their survivors may be able to recover substantial damages by filing swimming pool drowning claims in Phoenixville.
Eyewitness testimony is often important in swimming pool accident lawsuits, so our attorneys will quickly identify and interview witnesses to record their statements. We will also promptly secure footage from onsite surveillance systems to ensure it is not destroyed. Our lawyers may need access to victims’ medical records to confirm their injuries or cause of death. We can start preparing your case soon after the accident so that we can file well before the deadline, two years from the accident’s date. To avoid an unfair settlement, our attorneys can take your case to court and prove you deserve compensatory damages in Phoenixville.
Call The Reiff Law Firm’s Phoenixville, PA swimming pool drowning attorneys for a free case assessment at (215) 709-6940.
Evidence in Phoenixville, PA Swimming Pool Drowning Lawsuits
Identifying key evidence in a swimming pool drowning accident case immediately is crucial so that it is preserved. Our lawyers will promptly interview eyewitnesses to preserve their statements, obtain any available surveillance footage of an incident, and help compile the victim’s medical records to start preparing a case.
Eyewitness Testimony
For example, if an eyewitness saw a staff member overserving a victim alcohol at a country club pool in Phoenixville, and the victim drowned and died, our lawyers would interview the eyewitness and record their statements. Witnessing a drowning accident may be traumatic in and of itself, and eyewitnesses may forget details as time passes. Interviewing eyewitnesses right away is of the utmost importance. Otherwise, their memories might fade, and their statements might be less impactful.
If necessary, we can refer to police and incident reports for a drowning accident to learn eyewitnesses’ identities. If victims survive drowning accidents, they might sustain injuries that make it difficult to remember what happened, like traumatic brain injuries, making eyewitness testimony all the more important.
Surveillance Footage
Country clubs and swimming clubs typically have surveillance systems in place for security purposes. After a drowning accident in Phoenixville, our lawyers can request access to surveillance footage. If the owner refuses, we can subpoena it. Acting quickly in these instances is crucial to ensure the defendant does not destroy evidence that could otherwise prove liability in your case.
Even when drowning accidents happen at private residences, there might be footage if the homeowner has surveillance systems on their property or even if their neighbor does. Exhausting all of these possible evidence sources is important, as video evidence showing an accident’s exact sequence of events might indicate negligence and liability.
Any other photographic evidence from the accident scene, like pictures of a hazard that made a victim trip and fall into a pool, for example, can also strengthen a case, so give our lawyers any images of the site.
Medical Records
In addition to evidence proving negligence, plaintiffs must submit evidence of injuries due to drowning. A victim’s medical records can clearly outline their diagnoses and necessary treatment if they survive the drowning accident. When drowning accidents are fatal, a deceased victim’s medical records can indicate the cause of death, eliminating any question about that matter. Certain injuries are typically only sustained in drowning accidents or other incidents involving a lack of oxygen, like anoxic brain injuries. A victim’s medical records, along with testimony from medical experts, can show the jury that the victim sustained their injuries during the drowning accident in question.
Timeline of Phoenixville, PA Swimming Pool Drowning Accidents
Drowning accident lawsuits begin with case preparation and filing. While settlement talks might follow, our swimming pool drowning attorneys typically advise victims to go to court, where they could claim greater damages.
Case Preparation and Filing
Victims who survive drowning accidents can sue negligent pool owners for compensatory damages, as can certain loved ones of victims who die in such accidents. For both wrongful death and personal injury claims due to property negligence, the statute of limitations is two years in Pennsylvania, according to 42 Pa.C.S. § 5524. Our lawyers will begin preparing your case soon after the accident so that we have the necessary evidence to file before the deadline.
Discovery and Settlement Talks
Once we file your complaint with the court and after the defendant is served in Phoenixville, the discovery process will take place. This is when both sides exchange relevant information and documents and have the opportunity to depose witnesses, including victims. Because the discovery phase lets both sides gauge the strength of each other’s cases, some defendants seek settlements immediately after discovery. The reality of settlement negotiations is that they often require concessions for victims or survivors seeking justice, which is why our lawyers often encourage plaintiffs to go to court in Pennsylvania.
Trial and Recovering Damages
At a trial, our lawyers will present evidence to meet the standard of proof, which requires plaintiffs to prove that it is more likely than not a defendant is liable for their damages. Instead of agreeing on a settlement amount with the defendant, victims get compensation at trials via jury awards. To prove liability, we must show that the pool owner owed the victim a duty of care and breached it, directly causing the drowning accident, the victim’s injuries, and their damages.
The compensatory damages in your case will depend on your specific losses, like medical bills and missed income. Victims may also recover damages for their pain and suffering, as drowning injuries often come with considerable complications for victims, even when they survive these devastating accidents in Phoenixville. Our attorneys will calculate your recoverable damages before filing your case so you can prepare for your potential award.
Call Our Phoenixville, PA Lawyers to Discuss Your Case
The Reiff Law Firm’s swimming pool drowning attorneys can assess your case for free when you call (215) 709-6940.
