Understanding Traumatic Brain Injuries and How Merrillville Indiana Accident Lawyers at USAttorneys.com Can Help Your Case
Swimming pools and sliding boards can be a lot of fun until an accident occurs, leaving someone with a traumatic brain injury (TBI). A TBI can happen when a swimmer hits their head, but the injury might not be immediately apparent. The Centers for Disease Control (CDC) defines a TBI as a disruption in the normal function of the brain caused by a bump, blow, or jolt to the head, or a penetrating head injury. Everyone is at risk for a TBI, especially children and older adults. If someone hits their head in a pool accident, all necessary precautions should be taken to have them checked out.
Premises Liability
Under premises liability, homeowners with pools can be liable for damages when an invited guest suffers an injury. Whether the pool is private or public, the owner or manager assumes responsibility for the safety of those using the pool. Property owners or pool operators can be held liable for failing to provide a safe environment or properly monitoring swimmers.
Federal law requires public pools to meet minimum safety standards, including maintaining safe drains and drainage systems to prevent entrapment and drowning. Homeowners are advised to maintain optimal pool safety conditions, and failure to do so may result in liability. Additionally, manufacturers of pools and pool equipment, installers, and pool repair companies can be liable for injuries if the materials or equipment were defective, poorly designed, or improperly installed.
Personal Injury Civil Suit Requirements in Indiana
- Statute of Limitations: In Indiana, the statute of limitations for personal injury cases is two years from the date of injury. This is the timeframe within which a person must initiate a legal claim.
- Comparative Fault: Indiana follows a modified comparative fault rule. You must be 50% or less at fault to make a personal injury claim. If you are more than 50% at fault, you cannot recover damages.
Liability and negligence must be proven by the injured party. Types of damages that can be pursued in a TBI claim include medical expenses, loss of earning capacity, pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. In some cases, punitive damages can be awarded if the actions that led to the injury were extremely careless.
Burden of Proof
To prove liability, the following must be established:
- Duty of Care: The defendant had a legal duty to ensure the safety of the injured party.
- Breach of Duty: The defendant breached this duty.
- Causation: The breach of duty directly caused the injury.
- Damages: The plaintiff suffered damages as a result of the breach.
To be awarded punitive damages in Indiana, the defendant’s behavior must be proven to be malicious, reckless, or grossly negligent.
Hire an Attorney
If you or a loved one has been injured in a swimming pool accident, a knowledgeable lawyer at Marshall P. Whalley & Associates can review your case and help you seek compensation for medical treatment, rehabilitation, lost wages, out-of-pocket expenses, and damages for pain and suffering. The lawyers at USAttorneys.com have the experience and expertise needed to navigate the complexities of personal injury law and ensure you receive the compensation you deserve.
Contact Information:
Marshall P. Whalley & Associates, PC
51 W. 112th Avenue, Crown Point, IN 46307
Phone: 855-442-7211 / 219-769-2900
Fax: 219-769-2995
Email: [email protected]
Website: www.marshallslaw.com
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