Swimming pools are a common site for recreation in Henderson, but they can also represent a significant risk of harm. A pool drowning can happen when you least expect it, especially when the pool owner fails to take reasonable steps to prevent the accident.
If your loved one drowned or nearly drowned in a swimming pool, it is important to seek out legal counsel right away. A pool drowning lawyer could advocate on your behalf and make certain you are treated fairly during the course of your legal case. Discuss your options with a Henderson NV pool drowning lawyer as soon as possible.
Who Is Liable for Pool Drowning Accidents?
When a catastrophic accident occurs in a swimming pool, there could be a number of parties that face civil liability. These parties are determined in part by who owns the pool. Property owners have an obligation to provide a safe pool environment and limit the chances of drowning. However, these are not the only individuals or entities that might be at fault.
The owner of the property where the pool is located is usually the first party to face a lawsuit following a drowning. According to state law, property owners are responsible for many injuries that occur in or near their pool. This is true for business owners as well as private residences that have a pool on the property. Pool owners are especially likely to be liable in a drowning accident involving a child. That is because the owners have a duty to prevent children from accessing the pool even if they are trespassing.
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Sometimes a business—like a hotel—operates a pool on property that they do not own. If a drowning occurs in their pool, both the property owner and business owner could face civil liability.
Henderson Pool Drowning Lawyer Near Me (725) 900-9000
Other third parties outside of the owner or operator of the business might also be at fault. Many property owners work with companies that provide lifeguard services instead of hiring lifeguards directly. If a lifeguard is negligent, their employer could be at fault in a drowning lawsuit.
Drowning Accidents and Wrongful Death Lawsuits
The unfortunate reality with many drowning accidents is that these injuries prove to be fatal. In Nevada, the law allows for the filing of a civil suit following a wrongful death. These cases are designed to hold negligent parties accountable when they are responsible for the avoidable death of another person. A wrongful death lawsuit could be appropriate in a drowning accident case.
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Who Can File a Wrongful Death Lawsuit?
More than one party could qualify to file a wrongful death lawsuit after a pool drowning accident in Henderson. According to state law, these parties fall into two categories.
The first is the personal representative of the estate. This person is appointed to manage the affairs of the decedent’s estate, which includes filing wrongful death actions. The personal representative could be named in a person’s will, or they could be appointed by the court.
The second category involves family members of the deceased that qualify as intestate heirs. An intestate heir is someone that is set to inherit from the deceased person according to state law. This begins with a person’s spouse, domestic partner, and children. If the decedent was unmarried and without children, the right to file suit falls to their parents, siblings, or closest surviving family member.
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What Is the Time Limit to File a Wrongful Death Lawsuit?
In Henderson, the time limit that applies to lawsuits is known as the statute of limitations. The statute of limitations for wrongful death actions is governed by Nev. Rev. Stat. § 11.190(4)(e). In most cases, you must file your lawsuit within two years of the date of your loved one’s passing.
If you do not file your lawsuit on time, you could lose your opportunity to recover damages at all. This is because the court might have no other option but to dismiss your case with prejudice if you violate the statute of limitations. A dismissal with prejudice ends your lawsuit and prevents you from ever pursuing your wrongful death lawsuit again in the future. A Henderson NV pool drowning lawyer from our firm could help ensure you are in compliance with this important deadline.
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Most people will never have to face the trauma of a drowning or near-drowning accident. While the Centers for Disease Control and Prevention (CDC) report nearly 4,000 drowning deaths annually, most families that have lost someone in a pool accident are dealing with these challenges for the first time. It should come as no surprise that many have questions about their legal rights related to a wrongful death or personal injury lawsuit.
Our firm understands how difficult this time is, and we know that you have legal questions you need answers to. We offer free consultations for pool drowning accident cases in order to provide families with these important answers. During the free consultation, you will have the chance to learn about the legal system as well as discuss your legal options moving forward.
There is no obligation that comes with a consultation with our firm. The consultations are free, and you are never required to hire our firm to handle your case when you are done. We look forward to answering any questions you have, and we are confident a compassionate approach to legal representation could help you in this difficult time.
Let a Henderson NV Pool Drowning Lawyer Help
A drowning accident in a swimming pool can change the course of multiple lives forever. This is true whether or not the injuries sustained in the accident were fatal. If your loved one was involved in a drowning accident in a swimming pool, it is important that you seek out support from an attorney right away.
The team at Van Law Firm is prepared to provide you with the compassionate legal service that you deserve. Reach out to a Henderson NV pool drowning lawyer as soon as possible for a free consultation.
The Differences Between Mass Tort Action and Class Action Cases
As long as the lawsuits share the same defendants who have experienced a similar health complication, in this case, cancer due to the use of baby powder, the cases can be consolidated, thereby constituting a mass tort action. A benefit to you as the plaintiff is that although your lawsuit is one of several, the compensation for each lawsuit is determined on a case-by-case basis.
A class action consists of individuals, but they no longer have individual lawsuits. They are part of a class and are treated as one plaintiff. All class members have basically the same claims. In a class action, any damages awarded are divided equally between all those in the class action group.
Our baby powder cancer attorneys can help you determine which legal routes best fits your needs.
The Process of a Baby Powder Cancer Mass Tort Case
Our mass torts attorneys can represent you and others who have been harmed or injured from the regular use of baby powder. In a mass tort action, although your case is now one among many similar lawsuits, it is still treated as an individual lawsuit. Should you win, your compensation settlement or judgment will be unique to you and the damages you suffered.
The Statute of Limitations for Mass Tort Cases
Each state sets its statute of limitations for civil and criminal cases. This law says that you cannot file a lawsuit for an injury after a certain amount of time has passed from the date of the injury, or the discovery of the injury, or the date it would have been discovered “with reasonable effort.”
Determining exactly how much time you have to file as part of a mass tort case is not always a simple job. In the case of your baby powder cancer, our attorneys look at:
- The state where each plaintiff resided when the cancer was discovered
- The state where each defendant lives
- The type of mass tort case the plaintiff plans to file
You must file a lawsuit as soon as you can after discovering your cancer may be connected to your use of baby powder. The statute of limitations typically ranges from one to four years from the time of injury or the time of discovering the injury.
If you try to file after the allowed time in the statute of limitations:
- You may not be allowed to file a lawsuit.
- You may not be allowed to recover compensation through litigation.
- You might not be allowed to attempt out-of-court negotiations to recover compensation.
Figuring Out the Grounds on Which You Should Sue
Many claimants bringing baby powder cancer lawsuits have alleged the following:
- The liable party knew about the presence of asbestos in their baby powder products, and
- It didn’t warn consumers about it and its potential effects.
When we review your case, our attorneys can identify the basis of your claim and build it from there.
How We Put Your Mass Tort Case Together
Our attorneys can work with you to prepare a complete and concrete baby powder case needed to pursue full and fair compensation. These steps may include:
- Medical investigation and review – We look at your history of the perineal application of baby powder. Our attorneys can speak with your medical specialists and collect related reports; we compile statements from potential expert witnesses and review the literature associated with your cancer, as well as studies looking at the routine use of baby powder. We may ask our experts to review all of the information we’ve collected to see if they can support your claim in court, linking baby powder use to your illness.
- Lawsuit compatibility – Our attorneys can dissect your claim to confirm that it aligns with those in the mass tort action. If it does, your lawsuit would join the others. If it does not, our attorneys can speak with you about your options, which may include our helping you file your own separate lawsuit.
- Filing a claim – Our mass torts attorneys manage all legal aspects of your case for you and can file your lawsuit on your behalf. Claimants usually file mass tort cases in federal court, as they are multidistrict litigation (MDL) actions.
- Bellwether Trial – Typically, a mass tort action starts by taking just a few of the many lawsuits in the case to trial to get an indication of what the outcome might be for the rest of the cases. The first cases are called “bellwether” cases, as they lead the way, testing the waters.
- Settlement or verdict – As a plaintiff, you have the right to choose to settle out of court. Our attorneys can negotiate on your behalf with the defendants to reach an agreement on a settlement. Attempting to reach an agreement before trial is a time- and money-saving move that you may wish to consider. If an agreement cannot be reached, we proceed to trial for a verdict by the judge or jury.
Mass tort actions can take a long time — years — to settle or reach a verdict due to the number of plaintiffs.
Get Help From Our Baby Powder Cancer Lawyers Today
Generally speaking, your lawsuit fits the definition of mass tort as there are thousands of individuals who have developed cancer, such as ovarian cancer or mesothelioma, after the routine use of baby powder.
Our mass torts attorneys at Van Law Firm are ready to join you in your fight against those responsible for your baby powder cancer. Your battle is our battle, and we will stand by your side in your pursuit of a full compensation settlement or judgment. Call today for a free consultation. We don’t collect any fees unless we secure compensation for you.
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My experience with this firm was great. I worked with Yesenia who kept me updated every step of the way and answered questions I had and they was a lot. Helped make sure my daughter was included as well.Mary Turner
This was the best law firm experience I have ever had in my life and I have had several. Van Law Firm is the best in Vegas and the only law firm I will ever use.Jackin Ralph
I want to thank Van Law Firm for the hard work and dedication they put into my case. My case manager Norma was great and explained everything in detail and answered any questions I had.Darla Storm