Swimming Pool and Drowning Accident Attorney — Houston, Texas

How long I have to file a claim depends on the type of case and the parties involved. In Texas, most personal injury claims must be filed within two years from the date of the injury, while wrongful death claims typically have a two-year limitation from the date of death. Certain circumstances can affect these deadlines, so it is important to consult promptly to preserve your rights. Early contact also helps with evidence preservation and claim preparation.

Liability may rest with homeowners, property owners, property managers, apartment complexes, pool maintenance companies, or commercial operators depending on who controlled the premises and who failed to maintain safe conditions. Each situation is fact-specific and requires careful investigation. Determining responsibility may involve reviewing maintenance logs, staffing records, supervision policies, and inspection reports to identify failures that contributed to the incident.

Victims and families may recover economic damages such as medical bills, ongoing care costs, lost wages, and funeral expenses. Non-economic damages like pain and suffering, loss of companionship, and emotional distress may also be available depending on the claim. In wrongful death cases, surviving family members may seek damages for the financial and emotional losses resulting from the death, subject to Texas statutory rules governing such claims.

Negligence is shown by proving that a duty existed, that the duty was breached, and that the breach caused the injury. Evidence can include witness testimony, maintenance records, photographs, and expert analysis of equipment or safety procedures. Documentation of unsafe conditions, a history of ignored repairs, or failure to follow local safety codes can be particularly persuasive when demonstrating breach and causation.

Texas applies a modified comparative fault rule where a claimant's recovery is reduced by their percentage of fault. If the claimant is more than 50% responsible, they may be barred from recovering damages. Accurate fault allocation is often disputed in pool cases, so careful investigation and presentation of evidence are important to minimize any assigned responsibility.

Insurance companies sometimes make quick offers that may not fully account for ongoing medical needs, lost future income, or non-economic harms. Accepting a low early offer can prevent recovery of later costs. Before accepting any offer, it is wise to review the total expected costs and potential future needs to ensure the offer fairly compensates all damages.

Preserve photos of the scene and injuries, obtain contact information for witnesses, and request that property managers save surveillance video and maintenance records. Medical records and treatment documentation are also essential. If possible, avoid altering the scene and document any repairs or changes made after the incident. Early legal and investigative steps help prevent loss of crucial evidence.

The timeline varies depending on the complexity of liability, severity of injuries, and willingness of insurers to negotiate. Some straightforward claims can settle in a few months, while cases requiring litigation can take a year or longer. Prompt investigation and clear documentation can accelerate the process, but proper time may be needed to assess future medical needs and achieve a fair resolution.

Yes. Claims involving children can seek compensation for medical care, ongoing treatment, and other damages. When a child is injured or dies, parents or legal guardians may bring claims on the child's behalf or file wrongful death actions as permitted by law. Special considerations apply to minors, including statutes governing settlement approvals and representation, so legal guidance is important to protect the child's interests.

Many personal injury firms handle cases on a contingency fee basis, meaning fees are collected from the recovery rather than upfront. This arrangement allows families to pursue claims without immediate legal fees. Costs and fee agreements vary, so discuss terms and any potential expenses during an initial consultation to understand how representation would be structured.