Hotel Swimming Pool Accidental Drowning Lawsuit
With proper procedures, a hotel swimming pool offers limitless fun and relaxation to its guests. Without a protocol, however, a fun day at the pool could result in tragedy. After losing a loved one in such an incident, this may seem all too familiar. Amid your grief, you may wonder what legal recourse you have.
The Law Offices of Wolf & Pravato understands what you’re going through. Through a hotel swimming pool accidental drowning lawsuit, you could recover reimbursement for your loved one’s funeral, medical bills, and other related expenses. We offer free case reviews. Call (954) 633-8270 to get started.
Our Attorneys Offer Comprehensive Legal Help to Grieving Families
You looked forward to this vacation for weeks. Now, instead of planning your next getaway, you’re planning your loved one’s funeral. Whether you’re laying a child, spouse, parent, or sibling to rest, we want to offer peace of mind by offering comprehensive legal help.
First and foremost, we want to share that we work on contingency. We provide the following legal services on a contingency fee basis. Our attorney’s fees come from the settlement we secure on your behalf, not from your personal savings. Furthermore, you owe nothing until your case ends––and only if it’s successful.
You can trust our team to:
Investigate the Hotel Pool Drowning Incident
The foundation of your case rests on us learning what happened. We can gain a total understanding of the accident by:
- Consulting with field professionals, such as the medical examiner
- Visiting the hotel itself and searching for hazardous conditions
- Reviewing your loved one’s medical records
- Interviewing witnesses, including bystanders and first responders
- Watching security camera footage
Florida Administrative Code § 64E-9.008 requires most public swimming pools to have lifeguards or other personnel present to prevent accidents. At the very least, the hotel must have a sign saying that a lifeguard is not on duty and that everyone swims at their own risk. If the hotel had neither of these things in place, we could sue the property owner.
Identify and Calculate Your Damages
You can recover financial and non-financial losses in the aftermath of a fatal hotel pool accident. The damages you can recover (along with how much) depend on your case’s facts. For instance, per the Federal Trade Commission (FTC), a simple funeral can cost thousands of dollars. So, your final settlement should account for those expenses.
We aim to seek compensation for each of your losses, even those without concrete dollar values, like pain and suffering. You can discuss your possible compensable losses in more detail during your free consultation.
File Your Insurance Claim
If you’re looking to file a hotel drowning lawsuit, the liable insurer may have already denied your claim. Yet, the insurance company may view your case differently once you retain our legal help. All hotels in Florida must carry commercial liability insurance, which covers claimants’ losses in personal injury and wrongful death cases.
To move your claim forward, we:
- Comply with all insurance-related deadlines
- Send your demand letter
- Evaluate the liable policy
- Negotiate with claims adjusters
- Submit all necessary evidence
Some claims adjusters have no problem taking advantage of grieving families. That’s where our team comes in. We protect you from lowball settlement offers, pressure, and any other tactic that seeks to jeopardize your case.
Litigate Your Case
The subject of your lawsuit could be an individual property owner, corporation, or third-party maintenance company. Filing your lawsuit requires us to:
- Present your case before a judge
- Exchange evidence with the defendant’s legal team
- Apply the law to your case
- Cross-examine witnesses
- Object to unfair proceedings
We must also comply with the state’s statute of limitations. Florida Statutes § 95.11(4)(d) notes that you generally have two years to file a wrongful death lawsuit. This deadline begins from the date of your loved one’s passing.
Complying with courtroom procedures, filing deadlines, and other requirements are critical to your case’s outcome. Yet, we intend to manage each obligation.
What to Know About Filing a Hotel Swimming Pool Injury Lawsuit
Filing a lawsuit doesn’t have to be the next step in your personal injury case. Once our team identifies the liable party, we can file a claim with their insurer and seek to resolve your case via that route. If not, however, we may proceed with litigation.
We know that testifying at trial and going to court may feel overwhelming. But it doesn’t have to be with our team on your side. We aim to make the legal process as straightforward as possible. If you ever have concerns about your case moving forward, you can connect with your Fort Lauderdale hotel accident lawyer at any time. Our team makes itself available around the clock to answer your questions and assuage your concerns.
Recoverable Damages in a Hotel Pool Accident Injury Lawsuit
In the decades we’ve served injured and grieving claimants, we’ve recovered millions. In one case we managed, our client came to us after negligent security practices in his apartment complex caused him to suffer gunshot wounds. We secured $925,000 for his losses––nearly $1 million in compensation.
Compensable losses in your hotel pool accident lawsuit include:
Funeral Expenses
Your loved one’s funeral does more than lay them to rest; it also offers your family a sense of closure. You shouldn’t have to spare any expense. The liable party should compensate you for:
- Reserving a venue
- Floral arrangements
- Embalming
- The casket/burial plot
- Cremation
- Other funeral home expenses
Lost Income
If your loved one supported their household, you could seek reimbursement for their anticipated earnings through a claim or lawsuit. You could also seek the compensation for income you lost if you took time off work to address the situation.
End-of-Life Care Costs
Your loved one may have required emergency medical care before their passing. If so, the liable party could owe compensation for:
- Hospital stays
- Life support, such as intubation
- Resuscitation measures
- Medications
- Specialized care
Any Out-of-Pocket Expenses
You may have spent money out of pocket in the aftermath of your loved one’s passing. Your hotel accident lawsuit could yield financial recovery for:
- Childcare costs
- Travel expenses
- Temporary accommodations
- Mental health counseling for surviving family members
Non-Economic Damages (Your Non-Financial Expenses)
Through a hotel accident lawsuit, you could recover damages that apply to your physical and emotional well-being. Examples include:
- Pain and suffering
- Loss of consortium
- Mental anguish
- Loss of household services
Some clients ask us: “Could my hotel injury lawsuit merit punitive damages?” This is a tricky question because the courts don’t regularly award these losses. Yet, if the defendant acted with egregious negligence, we can explore the possibility of pursuing punitive damages.
Decades of Service, Countless Five-Star Reviews
Honest. Professional. Compassionate. These are just some of the words former clients have shared about us. See for yourself:
- “I would highly recommend Law Offices of Wolf & Pravato. The whole team was highly professional and helpful. They kept me informed every step of the way. They make you realize you are not just a number but a member of their family that they care what happens with your case.” ––D.T.
- “Words cannot begin to explain the gratitude I have for Vincent and Richard Pravato and their staff. I have taken a long and hard two-year journey through recovering from my accident, and they were there with me and for me every step of the way. If you can put your faith in anything, put it in this.” ––K.K.
We want you to feel confident about our commitment to your case’s outcome. We take the results of your wrongful death case just as seriously as you do.
What Should I Do After My Loved One’s Hotel Swimming Pool Drowning?
Unexpectedly losing a loved one is never easy. During this challenging time, you should focus on your health, well-being, and future. This may include visiting a mental health professional, focusing on things you enjoy, and spending time with your family.
Our team intends to manage everything your case requires, meaning you can be involved as little (or as much) as you want. Considerations that could bolster your case include:
- Deferring all insurance-related communications to your lawyer
- Documenting your losses with receipts and invoices
- Saving all written, case-related communications
- Refusing to give a recorded statement
- Referring all settlement offers to your lawyer
- Refraining from publicly posting about your case’s details online
When you consult with our team during your initial case review, you can learn more about your next steps.
Begin Your Free Case Review With Our Hotel Injury Lawyers
After losing your loved one in a fatal swimming pool accident, you deserve to know your options moving forward. To learn more about consulting with our personal injury team, Call the Law Offices of Wolf & Pravato at (954) 633-8270. Today, you have the chance to pursue justice and closure for your hotel swimming pool accident.
Frequently Asked Questions About Hotel Swimming Pool Drowning Lawsuits
You deserve the answers to your case-related questions, some of which may include:
What Is the Most Common Injury Related to Swimming Pools in Hotels?
As Per Healthline, near-fatal drownings are among the most common injuries in swimming pool accidents. In these incidents, the victim doesn’t pass away from drowning. Instead, they inhale a sizeable amount of water and suffer related complications some of which could result in death later.
Near-fatal drowning can cause:
- Fluid buildup in the lungs, which can cause pneumonia
- Cognitive impairments, such as memory loss
- Chemical imbalances in the body
- Brain death
- Acute respiratory distress syndrome
Falls are also a common accident near swimming pools. When there aren’t posted rules and warnings, guests can fall while horseplaying or running around the pool’s deck.
What Should You Do if You Suffer an Injury in a Hotel Swimming Pool Drowning?
If you survived a near-fatal drowning incident, you should seek immediate medical attention. A doctor can check for fluid buildup in your lungs, among other health concerns. Nearly drowning can also be traumatizing. So, you may also consider visiting a mental health professional to process the experience.
Can I File a Lawsuit Against a Hotel for Drowning?
You can file a lawsuit against a hotel if your loved one drowned or if you nearly drowned. Your case must satisfy these four elements to succeed:
- The hotel owed guests a duty of care. Every hotel that allows guests has this obligation.
- The hotel’s management did not keep the premises safe. For instance, a resort may have failed to have a lifeguard consistently on duty.
- You or a loved one suffered serious injuries (or passed away). You must prove this happened as a direct result of the hotel’s oversight.
- You have damages stemming from the drowning or near-fatal drowning, such as medical bills and funeral costs.
Our personal injury lawyers know what goes into building and pursuing a hotel swimming pool accident lawsuit. That involves knowing what information can prove negligence and advance your case.
What Is the Average Payout for Hotel Swimming Pool Accidental Drowning?
There isn’t an average payout for swimming pool accident lawsuits. That’s because:
- Many hotel accident cases settle out of court, meaning the public does not know their outcomes.
- Each case comes with its own circumstances and recoverable damages.
The circumstances of your case ultimately determine what you can recover. While we can’t explain the value of your case without reviewing it first, once we do, we will pursue everything you need.
Will a Hotel Be Liable Every Time Someone Drowns in the Swimming Pool?
A hotel doesn’t bear liability every time there’s a swimming pool drowning. Still, even if the hotel denies fault, that doesn’t shield it from liability. Your lawyer’s investigation will determine who should pay your losses.
For instance, imagine that a pool cleaning company left a piece of equipment at the bottom of the swimming pool. While diving, a child’s foot got entangled in the cord, and they were unable to swim to the surface, drowning.
If the hotel did everything possible to avoid accidents (such as hiring a lifeguard and posting warning signs), then the maintenance company could be responsible. Your Fort Lauderdale hotel accident lawyer could argue that because the company didn’t remove its cleaning equipment, your loved one suffered a fatal accident, and it owes damages.
