Swimming Pool Injury and Drowning Cases

Drowning and other swimming pool injuries happen quickly and quietly, and as a personal injury lawyer Memphis, TN trusts, we have observed first-hand the tragic aftermath of these types of cases.   The statistics below, obtained from the CDC, show just how serious swimming pool dangers are:

  • About 10 people die every day from drowning.
  • About 1 in 5 of those victims are children 14 and under.
  • Nearly 80% of drowning victims are male.
  • Children ages 1-4 have the highest drowning rates.  Among children ages 1-4, most drownings occur in home swimming pools.
  • The drowning rate for African Americans is significantly higher across all ages.  The disparity is widest among children ages 5-14.

Pool Drains Can Be Deadly

Drowning isn’t the only swimming pool danger. Pool drains can also cause serious injuries and death.  There is even federal legislation governing public pool drains because of the serious risk of harm and death.  The legislation is known as the Virginia Graeme Baker Pool & Spa Safety Act and it is named after a young girl who drowned after she was trapped under water by suction from a hot tub drain.

What to Do After a Pool Injury or Drowning

A person who has been injured in a swimming pool or hot tub, may be entitled to compensation for damages. Here are some pointers about what to do if this happens to you or a loved one:

  • Take photos of the scene. Include the pool, equipment, fencing, gates, toys, surrounding area, etc.  It is extremely important to document the scene of the injury or death before the pool owners make any changes.
  • Write down names and contact information of witnesses. If you decide to pursue a claim, your attorney will need to be able to contact and interview witnesses.
  • Talk with an Attorney.  An experienced lawyer can examine the facts of a case and advise you of your legal rights and options.

WBThanks to our friends and contributors at Wiseman Bray PLLC who have significant experience fighting for drowning and swimming pool injury victims in Tennessee.

Can a lawyer help with insurance claims and treatment specifics?

Being in an accident is hard for anyone involved. Having a personal injury attorney there to help makes things easier, such as taking over speaking with the insurance companies and help get treatment set up. As long as you have information for the opposing party in your claim, you can give the information to you personal injury attorney and they are able to set up a claim with your insurance. A letter of representation will be sent over once you have retained with the attorney of your choice. This letter will make sure that the insurance company does not contact you or hassle you for any additional information or pressure you into signing anything. This can be for an opposing party insurance as well as your own.

Once you have retained a personal injury attorney, they are able to help set you up with treatment. Some attorneys have a close network of doctors that they work with and can set you up. Attorneys will always make sure that you get the treatment that is needed so that you are able to heal to the fullest potential. Making sure to gather all records and billing, with lost wages to be added to your demand.

Once you are finished treating, your personal injury attorney will request all information through your medical providers and put everything together in a nice package and send it to the insurance company. If there are any extra policies that the person who caused you pain has, your attorney can also find these. This package with all bills, records, and receipts will demand proper compensation for your accident. Negotiations will be started once the demand is received and reviewed by the insurance company which could include your own depending on the insurance coverage that you have on your own.

If there was not an acceptable offer made in your case, litigation will begin. A skilled car accident attorney Arlington TX counts on will file in a court on your behalf and serve the opposing party and will navigate Discovery, mediation, and depositions all the way through trial, while keeping an eye on your statute of limitations ensuring that it does not pass.

An accident can change your life, attorneys are here to help you through the trying time, taking some of the stress off of you and allowing you time to help you get your life back in order. Do not ever hesitate to ask a question or let them know how you are feeling. If you are still in pain let them know, they will be able to let your doctor know. Your attorney is there to help you and holds your interests over the insurance companies.


BAThanks to our friends and contributors from Brandy Austin Law Firm for their insight into personal injury practice.

What is Mediation?

Mediation is a very common event in personal injury cases that go to litigation. They can also happen before a lawsuit is filed, but that is less common. Most clients don’t understand what mediation is, so I’m writing this blog post to help you all learn more about how mediation can affect your case.

At its most simple, mediation is an event where an independent person discusses a case with the parties to try to help them reach a settlement. Usually the mediation will take place at a neutral location, although sometimes it happens at one of the lawyers’ offices. The mediation is usually an experienced lawyer or former judge who has seen a lot of cases similar to the one being mediated.

Mediation usually does not involve meeting the other side face to face. That rarely is good for negotiations or the parties. By the time a lawsuit has got far enough that mediation is happening, the parties usually don’t like each other very much. That’s why in most mediations the parties will have separate rooms to sit in while the mediator talks to the other side.

So why does mediation work? Well, when two sides are heavily involved in a case, they can get so absorbed in their own arguments that it can be very hard to see the other side’s point of view. Therefore, if a mediator comes in, that person can explain the weaknesses of a person’s case to him or her making them understand the danger of going to trial.

If mediation fails to cause a settlement, trial could be the result. Mediation is often the best chance the parties have at settling a case, and if it doesn’t happen then, it may not happen at all. Having said that, a fair number of cases settle after mediation as well.

If you have a Fort Collins personal injury lawyer, they should explain the process of mediation to you before the day itself. He or she will help guide you through the process. Every  jurisdiction is different in how mediations are conducted. Some courts even require mediation in every case. If you do not have a lawyer, you may be able to talk to a lawyer for free if you can find one that offers a free consultation.


Thanks to our friend and blog author, Sam Cannon of Cannon Hadfield, LLC for his insight into personal injury cases.

Answers to Five Common Questions About Medical Malpractice Death Suits

Medical negligence by doctors and hospitals results in preventable deaths nearly every day. According to a study in May of 2016 at Johns Hopkins Medicine, more than 250,000 deaths per year in the United States are attributable to medical error. By comparison, the U.S. Centers for Disease Control and Prevention ranks respiratory disease as the third leading cause of death in the country at 150,000 annually. Some commonly asked questions and answers about medical malpractice death lawsuits follow.

Wasn’t the doctor negligent when my husband didn’t respond to treatment?

Any medical treatment carries its own risks. The fact that your husband did not respond to treatment does not necessarily mean that the doctor was negligent. The doctor may have prescribed the correct course of treatment, but for one or more known or unknown reasons, your husband failed to respond.

Then what is medical malpractice?

When a doctor commits medical malpractice, he or she deviates from the standard of care and in the case of a fatality, that deviation is the proximate cause of the patient’s death. The standard of care is the same care that a reasonable and competent doctor of the same specialty in the same community would have provided in the same or similar circumstances. Some communities just don’t have the facilities and equipment of other communities. Even a gross deviation from the standard of care is not actionable in a wrongful death case if it was not the proximate cause of a patient’s death.

Who can bring a wrongful death lawsuit?

Only the heirs of the person who died as a result of alleged medical negligence can bring a wrongful death lawsuit. Those parties might be the spouse and children, the parents of a deceased child, the children of an unmarried adult or even the surviving parents of the decedent adult. If the parents of the decedent aren’t alive, his or her siblings might bring the action. Those eligible to bring the wrongful death lawsuit is controlled by the state’s statutes.

What types of damages might be recovered in a medical malpractice wrongful death case?

Damages that are available to heirs of the decedent in a medical malpractice case vary from state to state. Some states even have cap limits on pain and suffering. Most states designate wrongful death damages to be loss of financial and emotional support, the cost of medical treatment before death, and funeral and burial expenses.

What is a survival statute?

In nearly all medical malpractice wrongful death lawsuits, we bring the wrongful death action in the first count of the lawsuit. The second count invariably brings what is known as a survival action, and that count is brought by the decedent’s estate. Just about every state has a survival statute that allows the decedent’s estate to seek compensation for injuries or damages from medical malpractice for the interim before their family member died.

Wrongful death cases alleging medical malpractice are some of the most complex and hotly contested cases in civil litigation. A qualified and talented Phoenix medical malpractice lawyer has the necessary resources along with an enviable history of success. Admissions of liability and quick settlements are few and far between.


ASThanks to our friends and contributors from Alex & Saavedra, P.C. for their insight into medical malpractice cases.

6 Biggest Mistakes to Avoid in Injury Cases

If you have been involved in an accident, there are important steps you may need to take to protect your rights and interests. In addition, the following six biggest mistakes to avoid in injury cases may be helpful to you.

  1. Fail to Proactively Retain Legal Counsel

According to the American Bar Association, one of the biggest mistakes to avoid is failing to proactively retain legal counsel in a personal injury case. The reality is that a great deal is at stake when a person needs to file a claim with an insurance company, and many people fail to utilize legal counsel to help. Continue reading “6 Biggest Mistakes to Avoid in Injury Cases”

Do I need to buy the insurance offered by the rental car company?

My last blog post dealt with whether you could hold a rental car company responsible for accidents caused by drivers of rental cars in Florida. This blog post deals with the insurance you need to protect yourself if you rent a car.

As discussed in my last blog post, rental car companies used to be responsible for injuries caused by the negligence of the drivers of their vehicles. Thus, if you rented a car and you were negligent and injured someone, the injury victim could pursue a claim against the rental car company-a known “deep pocket.” That is no longer the case. Nowadays, the rental car company is usually off the hook for injuries caused by drivers of their vehicles. Due to this, it is more important than ever to make sure you are properly covered if you rent a vehicle.

If you own a car, your personal policy will generally cover you when you rent a car in the United States or Canada. If you have good coverage, which includes healthy limits for bodily injury liability and property damage liability, then you probably don’t need the additional coverage offered by the rental car companies. Your bodily injury liability coverage will protect you if you are at fault and you injure someone else. Your property damage liability coverage will protect you if you are at fault and you damage another vehicle. If you have comprehensive and collision coverage, that will usually cover any damage you cause to the rental vehicle itself. In the event you have a deductible, if you charge the rental to a credit card that covers rental cars (many do), then the credit card company will usually cover your deductible.

When is it wise to purchase the insurance offered by a rental car company? Continue reading “Do I need to buy the insurance offered by the rental car company?”

Rental Cars and Accidents

Although it is now the “off-season” in Florida, we are a Mecca for tourists who often rent cars. Unfamiliarity with the vehicle and the local roads sometimes results in these tourists causing accidents. Unfortunately, if this occurs, recovery from the rental car company may be limited or nonexistent.

Generally speaking, when the owner of a motor vehicle allows someone else to use their vehicle, the owner is responsible for the negligence of the driver of the vehicle. This principle is called “vicarious liability.” The idea behind this legal theory is that a motor vehicle can be extremely dangerous if operated by someone who is an irresponsible driver, and by holding the owner responsible hopefully the owner will use good judgment in deciding who to allow to use their vehicle. When I first started practicing law over 30 years ago, this principle applied to rental car companies and rental car companies could be held responsible for the negligence of the driver of one of its vehicles.

This all changed, however, in 2005 when a law known as the “Graves Amendment” was passed by Congress. In a nutshell, this law did away with vicarious liability for rental cars. Lawyers representing injury victims in Florida raised challenges to the new law, claiming that it conflicted with existing Florida law. When the dust finally settled, after about eight years of litigation, the Florida Supreme Court ruled that rental car companies were entitled to the benefit of the Graves Amendment. Thus, anyone injured in Florida by a negligent driver of a rental car can no longer effectively pursue the claim against the rental car company and is often left with a claim against an uninsured or underinsured driver. Rental car companies will usually provide some minimal level of coverage, usually $10,000, which is often all that can be recovered unless the driver has a personal policy with additional coverage, or the driver has significant assets which makes the case worthwhile to pursue against the driver. The Graves Amendment is another reason why you should have adequate uninsured/underinsured motorist coverage under your own automobile vehicle policy. This coverage allows you to pursue a claim under your own policy for your injuries if the coverage available from the rental car company or the driver of the rental car is insufficient to fully satisfy your claim. Continue reading “Rental Cars and Accidents”

Accidents Involving Rental Cars

Car Accident Lawyer Delray Beach FL

If you have been the victim of an accident involving a rental car, you need a car accident lawyer Delray Beach FL trusts who can help. Florida is a mecca for tourists who often rent cars. Unfamiliarity with the vehicle and the local roads sometimes results in these tourists causing accidents. If this occurs, recovery from the rental car company may be limited or nonexistent.

Generally speaking, when the owner of a motor vehicle allows someone else to use their vehicle, the owner is responsible for the negligence of the driver of the vehicle. This principle is called “vicarious liability.” The idea behind this legal theory is that a motor vehicle can be extremely dangerous if operated by someone who is an irresponsible driver, and by holding the owner responsible hopefully the owner will use good judgment in deciding who to allow to use their vehicle. When I first started practicing law over 30 years ago, this principle applied to rental car companies and rental car companies could be held responsible for the negligence of the driver of one of its vehicles. A free consultation with a car accident lawyer Delray Beach FL relies on can help you learn your rights if you have been injured by a rental car.

This all changed, however, in 2005 when a law known as the “Graves Amendment” was passed by Congress. In a nutshell, this law did away with vicarious liability for rental cars. Lawyers representing injury victims in Florida raised challenges to the new law Florida, claiming that it conflicted with existing Florida law. When the dust finally settled, after about eight years of litigation, the Florida Supreme Court ruled that rental car companies were entitled to the benefit of the Graves Amendment. Thus, anyone injured in Florida by a negligent driver of a rental car and needing a car accident lawyer Delray Beach FL counts on can no longer effectively pursue the claim against the rental car company and is often left with a claim against an uninsured or underinsured driver. Rental car companies will usually provide some minimal level of coverage, usually $10,000, which is often all that can be recovered unless the driver has a personal policy with additional coverage, or the driver has significant assets which makes the case worthwhile to pursue against the driver. The Graves Amendment is another reason why you should have adequate uninsured/underinsured motorist coverage under your own automobile vehicle policy. This coverage allows you to pursue a claim under your own policy for your injuries if the coverage available from the rental car company or the driver of the rental car is insufficient to fully satisfy your claim. The cost to add uninsured/underinsured motorist to a policy is modest and well worth the few extra dollars. An experienced car accident lawyer Delray Beach FL residents acclaim can help you determine whether you have a valid claim.

Eric Luckman is a Florida Board Certified Civil Trial lawyer. Less than 2% of lawyers in the state of Florida are recognized with this prestigious certification.

Board certification recognizes attorneys’ special knowledge, skills and proficiency in various areas of law and professionalism and ethics in practice.

Feel free to call our office to discuss your case. The initial consultation is free, and you will speak directly with Eric Luckman, about your claim and your rights.

An experienced car accident lawyer Delray Beach FL respects can help you determine whether you have a valid claim.

Personal Articles Policy- Protecting Jewelry, Artwork and more

Most standard homeowner’s policies provide coverage for damage to personal property. Personal property includes such things as clothing, furniture, artwork, jewelry, furs, firearms and electronic devices. However, this coverage is limited in scope and amount. Most policies limit the scope of coverage to losses caused by certain events. For example, coverage is usually extended for loss caused by fire, lightning, windstorm, hail, explosion, vandalism and accidental discharge or overflow of water or steam from within a plumbing, heating, air conditioning or automatic fire protective sprinkler system or from within a household appliance. Most policies also limit the amount of coverage available for certain losses. For example, dollar limits ranging from a couple of hundred dollars to a couple of thousand dollars exists for damage or for loss to money, securities, jewelry, artwork, firearms, electronic devices and business property. Higher limits usually exist for damage to clothing, furniture and appliances. Continue reading “Personal Articles Policy- Protecting Jewelry, Artwork and more”