swimming pool accident

How a New Jersey Lawyer Can Help a Family Recover After a Pool Tragedy

Children are among the most common victims of accidental drownings in swimming pools. According to the Consumer Product Safety Commission, “In 2020, 339 children younger than age 15 fatally drowned, but in 2021, that figure rose by 12% with 380 children fatally drowning. Children five years old and younger are especially vulnerable – this age group represents 75% of child drowning deaths and 77% of nonfatal injuries.” When a child or parent is injured or killed in a swimming pool accident, their family may have legal recourse through a civil claim. Working with an experienced swimming pool accident lawyer can provide much-needed support for those dealing with a tragedy.

Injuries Associated With Swimming Pool Accidents

Swimming pool accidents can leave victims with traumatic and life-altering injuries. This is especially true in the event that a person nearly drowns.

  • Spinal Cord Injuries: Many swimming pool accidents result in severe spinal cord trauma. This is particularly common if a person dives into shallow water.
  • Brain Injuries: Even if a person survives a drowning accident, they may still be left with permanent injuries due to a lack of oxygen going to their brain.
  • Broken Bones: Swimming pool decks are inherently slippery and pose a serious risk of falling. A fall anywhere near a swimming pool can result in fractures to a person’s wrists, hips, legs, and arms.
  • Death: Sadly, many people do not survive swimming pool accidents. Drownings are silent for the most part. Most take place before anyone realizes what happened.

Many of the injuries associated with swimming pool accidents are not immediately obvious. This is why it is so important that victims seek a full medical evaluation after any incident.

The Role of a New Jersey Lawyer After a Pool Tragedy

An experienced New Jersey lawyer can help families of pool tragedies in a number of important ways.

  • Investigating the Incident: An attorney can thoroughly investigate all of the facts surrounding the incident. This may include gathering surveillance footage and reports of previous accidents at a certain location.
  • Identifying Liable Parties: Determining liability after a pool accident is not always straightforward. An attorney can identify all potentially liable parties, including pool owners, manufacturers, and maintenance companies.
  • Pursuing Compensation: An attorney can help victims and families recover financially after a tragedy.
  • Navigating New Jersey Laws: An attorney can navigate the state’s legal framework. Premises liability claims and the wrongful death statute can be complex.

Insurance companies are only concerned with keeping as much money as possible by not paying out claims. An attorney provides the appropriate balance to this system by always ensuring that your interests come first.

Compensation Available After A Pool Tragedy

There are numerous forms of compensation available after a swimming pool accident.

  • Medical Expenses: Victims may be able to receive compensation for medical expenses and future medical costs.
  • Funeral Costs: In the event of an untimely death, surviving family members may be able to recover the cost of a loved one’s funeral.
  • Pain and Suffering: Any person injured in a swimming pool accident may also be able to recover for the pain and suffering they have endured as a result of the accident.
  • Lost Income: A serious accident may require that a person take long periods away from work and incur lost income. Victims can recover these lost wages through a claim.
  • Diminished Earning Capacity: A victim may also be able to recover if an injury prevents them from earning the same amount they were previously able to earn.

Determining fair compensation after a swimming pool accident is not an exact science. It is crucial to have a skilled legal advocate who can put your case in the best light so that you can get the most compensation possible. 

Getting Legal Help After A Pool Tragedy

Preventing swimming pool accidents requires that property owners and institutions always follow best practices. This may include installing a fence around a pool to prevent unauthorized access from children and others. When a property owner fails to take reasonable steps to prevent accidents, they can be held liable through a civil claim.

Have you or someone that you care about been injured in a swimming pool accident? You may have legal recourse. We understand how difficult it can be to move forward in the aftermath of a tragic accident. Our team of premises liability attorneys at Beninato & Matrafajlo is here for you. We have successfully recovered over $100 million for our deserving clients. Whether you just have legal questions or need any type of support, we are here to serve your needs. You can reach out to us anytime at 908-355-7100.

Dan T. Matrafajlo, Esq. is the managing member and lead partner with Beninato and Matrafajlo, Attorneys at Law, LLC. Dan T. Matrafajlo has created legal precedent in the personal injury field of law with Appellate decisions, such as Hardison v. King, 381 N.J.Super. 129), Frenklakh v. Lojek, (Westlaw citation: 2007 WL 470640). In addition, Dan T. Matrafajlo litigation results have been featured in New Jersey Law Journal throughout the years. Super Lawyers has elected Dan T. Matrafajlo to its Rising Star list for the last 5 years.