It’s a beautiful day and instead of sitting in the house you decide to take a trip to the public pool around the corner. It’s a perfect place to cool off and enjoy the sun for a bit. Then, while you’re splashing around with your children, having a blast, you—or even worse—your child gets hurt. Talk about ruining a perfect day.
Questions race through your mind. How did this happen? What can I do? I can’t afford all this, who’s going to pay for it?
Well, if this happened on public property and the public property is to blame, then you need to think about compensation for your injury.
Here are three tips for filing a claim or lawsuit if you’re hurt at a public pool:
1. Decide if the case is worth taking to court.
You must first decide if the case is worth taking to court. The same goes with any lawsuit. A good persona injury attorney should let you know during a free consultation whether you have a case or not. Next, ask yourself if you have a good chance of winning the suit. There’s a considerable amount of inconvenience involved with any case and the prolonged duration may drive you crazy. Make sure your case is valid and that the amount you stand to win is worthy of your time and energy. Even though most personal injury lawyers work on a contingency basis, you could still end up in the red.
2. Identify exactly what happened to cause the injury.
You have to determine how you were injured. This is crucial in deciding if you have a case or not. Who is liable? If there was improper management of the property, whether in the pool or the surrounding area, then this may have led to a dangerous condition. You probably have a case. Did the employee put to many chemicals into the pool and you were burned as a result? Was the pool damaged and you cut your foot? You probably have a case. Document any information that may be helpful such as eye witnesses and document all medical expenses.
3. Before you can sue, you may have to file a government tort claim first.
This is an important step. If you or your child was injured at a public pool, there is good chance that a government entity is responsible. That means you first have to file and follow what is known as “Torts Claims Acts.” The rules say you must first file a notice of claim with the government within a set period of time after the injury. The government can then either settle or deny the claim. If they deny, you are then allowed to proceed with a personal injury case in civil court. If you do not follow these rules you may lose the right to sue.
Always seek profession help immediately. The sooner you contact a personal injury lawyer the better off you’ll be.