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In case of drowning, know your rights

Swimming pools are open year-round in Florida. Because of this, it is crucial that pool owners stay aware of the condition of their pools 365 days a year and tend to any potential hazards.

In a previous blog post we wrote titled, "Eight Things You Can Do To Keep Your Pool Safe," we touched on some just a handful of the responsibilities pool owners have when it comes to maintaining safe premises. Unfortunately, people don't always comply with these rules and visitors can pay the price. If your loved one recently suffered a fatal accident or drowning in someone else's pool, it can be critical that you understand what rights you have to hold that party accountable.

Survivors including spouses, parents and children of people who are killed in a pool accident have the right to explore the options of filing a wrongful death claim.

A wrongful death claim is a civil claim that can be filed in the pursuit of compensation after someone has died. However, not every fatal accident is grounds for this type of action. In order to pursue a wrongful death claim, it must be shown that the death involved certain elements.

  • The existence of negligence or an intent to harm the victim by someone else
  • Eligible survivors have experienced monetary damages as a result of the loss
  • A personal representative for the estate has been appointed┬á

If these elements are present, a claim citing wrongful death may be pursued. However, as is the case with other personal injury lawsuits, factors like statutes of limitations and jurisdiction must also be considered.

Any type of civil claim has the potential to be very complicated and frustrating; when the claim stems from the devastating loss of a loved one, it can become even more difficult for people to handle the process on their own. Working with an attorney who can inform you of your legal options and represent you in court to pursue the compensation you may deserve can prove to be a wise decision.

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