Raleigh Pool and Drowning Accident Lawyers
if you were injured in a public or private swimming pool, you have the right under North Carolina law to receive compensation for your injuries from the pool owner and operator. Our experienced Raleigh pool and drowning accident lawyers can help.
Our compassionate team helps clients with medical care, medical bills, lost wages, and dealing with the stress of their physical recovery. We provide support, care, and concern in the aftermath of tragedies.
As former insurance defense attorneys, we know how to fight for every penny you deserve.
Pool Accident Lawyers Serving North Carolina
What Pool or Drowning Accidents Are Common in Raleigh, NC?
Pool accidents typically refer to accidental injuries that are caused by unsafe pool operations, conditions in the pool, jumping into the water, or falling on the pool deck. Given the dangerous nature of water, pool accidents occur frequently and usually result in catastrophic injuries (like paralysis or asphyxiation) or death. Pool users vary in age but tragically, many of the pool cases we’ve seen involve children. Lots of sun, lots of kids, young lifeguards, loose safety rules, and (sometimes) alcohol can make pools and water parks a very dangerous place.
Common Injuries Caused by Pool Accidents in Raleigh, NC
Pool accidents can cause minor and serious injuries bodily injuries to everyone involved. Some of the most common types of injuries our slip and fall attorneys in Raleigh see in their cases are:
Back and spine injuries
Neck injuries
Brain injuries, including concussions and traumatic brain injuries (TBI)
Sprained and bruised knees, ankles, wrists, hips, and shoulders
Broken bones
Hearing loss
Drownings
Anxiety and psychological injuries
Damages Our Raleigh Pool and Drowning Accident Lawyers Can Help You Recover
The personal injuries you suffered in your pool or drowning accident may entitle you to monetary payments and compensation. Some of the most common types of damages (explained in more detail here) recovered in the cases handled by our Raleigh pool injury lawyers are:
Medical bills paid/reimbursed
Future medical expenses
Lost wages and income for time you missed at work
Pain and suffering/mental anguish
Loss of consortium if your accident affected your relationship with your spouse
Permanent disability, scarring, or disfigurement
Punitive damages to punish the other party for particularly bad, reckless, or outrageous conduct that caused your injuries
A Guide to North Carolina Pool and Drowning Accident Claims
Pool and drowning accidents refer to accidental injuries that occur around pool and other artificial bodies of water designed for swimming. During the summer months, other than car accidents, pool and drowning are among the most common personal injury case that our firm handles. Pool accidents can occur anywhere: hotels, public pools, a neighbor’s house, pool decks, pool stairs, gyms, private clubs, and community centers.
Unfortunately, there is little reliable or correct information about pool and drowning accident claims that is available to the public, which causes confusion about the accident process and hurts injury victims’ chances for recovery. Here’s what our team of Raleigh pool and drowning accident lawyers believe you should know:
1. What Should I Do If I’m Involved in a Pool or Drowning Accident in Raleigh, NC?
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
2. How Do I File a Pool or Drowning Accident Claim in Raleigh, NC?
A pool or drowning accident case begins when you file legal documents called a “summons” and “complaint” in the appropriate North Carolina court, usually in the county where you live or where the accident occurred. The specific details are outlined in Rule 4 of the North Carolina Rules of Civil Procedure. Filing a case is as simple as taking the summons and complaint to the court clerk of the court where you’re filing the case.
The clerk accepts the filing and returns your copies so that you can serve the defendant with their copy of the filing documents. “Serving” a defendant means providing them with a copy of your file-stamped summons and complaint in a very specific, formal way, which is explained in Rule 5 of the North Carolina Rules of Civil Procedure. Your complaint must include all of the grounds to bring your case and all of your demands for compensation.
3. Will My Pool or Drowning Accident Claim Go to Trial in Raleigh, NC?
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.
4. How Much Will My Pool or Drowning Accident Claim Settle for in Raleigh, NC?
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.
5. What If I’m Partially At-Fault for Causing My Pool or Drowning Accident in Raleigh, NC?
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.
Free Case Evaluation
Our Raleigh pool and drowning accident lawyers are available now to evaluate your case for free.
6. How Long Does a Pool or Drowning Accident Claim Take to Reach a Settlement in Raleigh, NC?
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.
7. How Long Do I Have to File a Pool or Drowning Accident Claim in Raleigh, NC?
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.
8. What Is the Process for a North Carolina Pool or Drowning Accident Claim?
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.
9. How Much Does a Pool or Drowning Accident Lawyer in Raleigh, NC Charge?
Many Raleigh 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.
10. How Can a Raleigh Pool or Drowning Lawyer Help?
Hiring an experienced Raleigh 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.
11. What Happens After I File a Pool or Drowning Accident Claim in Raleigh, NC?
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.
12. What Is the Statute of Limitations in North Carolina for Pool or Drowning Accident Claims?
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.
13. What is the Average Settlement for a Pool or Drowning Accident Claim in Raleigh, NC?
There’s no way to precisely value your claim, but an experienced Raleigh 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.
14. Are Pools an Attractive Nuisance in North Carolina?
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.
15. Does Pain and Suffering Include Medical Bills (and What’s the Difference)?
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.
16. What Is Fair Compensation for Pain and Suffering for a Pool or Drowning Accident in Raleigh, NC?
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.
17. Why Are Pool Accidents So Common in Raleigh, NC?
Pool operation companies typically hire young lifeguards and provide inadequate or infrequent training
During the summer months, pools are frequently overcrowded, which makes safety and lifeguarding more difficult
Given the dangerous nature of water, 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
18. How Can I Be At-Fault for My Pool or Drowning Accident in Raleigh, NC?
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.
19. Can I File a Pool or Drowning Accident Claim Without a Lawyer in Raleigh, NC?
Yes, you can file a pool 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.
20. How Do I Find the Best Raleigh Pool and Drowning Accident Lawyer for My Case?
Like every profession, injury lawyers vary in experience, skills, style, dedication, and levels of customer service so “best” can mean different things to different people. It’s a good idea to see if the injury lawyers you are considering have positive client testimonials, good (and recent) case results, and are passionate about helping others. It depends on whether you want to hire a law firm that works with thousands of clients every year or a smaller firm that only focuses on a limited number of cases. The relationship between lawyer and client requires a significant amount of trust and communication over an extended period of time, so the most important factor is choosing a lawyer that “feels right” to you.
Raleigh Pool and Drowning Accident Statistics
According to statistics from the CDC, each year there are roughly 4,000 fatal drownings and 8,000 non-fatal drownings. In fact, drowning is the leading cause of death for children ages 1-4, the second leading cause of death for children ages 5-14, and the third leading cause of unintentional injury deaths worldwide. The North Carolina Department of Insurance notes that most drownings of children under the age of 5 occur in pools, like the tragic death of a two-year-old who wandered out of his home and was found in a nearby pool. Sadly, residential private home pools can also be dangerous for small children, which is why federal agencies recommend pool alarms if young children are present or may be present near a residential pool. Drowning is not the only risk of injury or death when it comes to swimming pools. Recently, a teenager died in a swimming pool that had become electrified because of improper wiring.
Free Pool Accident Case Evaluation
If you or a loved one have been injured in a public or private pool and want to know your legal rights, our experienced Raleigh pool and drowning accident lawyers are available to help.
Raleigh Pool Accident Cases We Handle
We can help with any pool injury claim, but the accidents listed below are the most common pool and drowning claims we handle in North Carolina:
Private pools
Public pools
Neighborhood HOA pools
Country club pools
Swimming lessons
Diving paralysis
Drowning accidents
Lifeguard negligence
Pool operator negligence
Lazy river accidents
Water slide accidents
Diving accidents
Diving board accidents
Slip and fall on pool decks
Raleigh Pool Accident Lawyer Cost
For transparent, upfront pricing on what our injury lawyers in Raleigh, NC charge to help you with your pool or drowning accident case, please click below.
Raleigh Pool Injury
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The Best Raleigh Pool Injury
Lawyers Will:
THOROUGHLY INVESTIGATE YOUR ACCIDENT
EXPLAIN YOUR OPTIONS
GUIDE YOU THROUGH THE CLAIMS PROCESS
NEGOTIATE WITH THE INSURANCE COMPANY
FILE A LAWSUIT IF NECESSARY
ABOVE ALL ELSE, FIGHT FOR YOU
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Why Our Raleigh Pool and Drowning Lawyers Provide Free Consultations
Free legal consultations play a vital role in ensuring access to justice as well as promoting fairness, justice, and the well-being of accident victims. That’s why our award-winning Raleigh pool and drowning accident lawyers always provide free consultations for potential clients
Schedule a Free Consultation With Our Raleigh Pool and Drowning Accident Lawyers
Even if the at-fault party’s insurance company blames you for the accident, our Raleigh pool accident attorneys can help you recover the maximum amount of compensation that you deserve for your damages.