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Your Legal Options

Even if others claim that the victim is at fault, other parties may be partly or totally responsible under the law. Another party's conduct could have contributed to your aquatic accident, since most drowning and diving accidents could have been prevented by an adequate, safe environment.

Never assume that legal consultation would be a waste of time, or would cost you money. No matter how you feel today, you should seek legal advice. You may be unaware of all the factors contributing to your accident. The liability of other parties - pool manufacturers and installers, property managers and others - can be a complicated point of law. An if you wait too long, it will be too late to pursue your case.

Most lawyers do not charge a fee for the initial conference and review. And almost all trial lawyers work on a "contingent fee" basis, where the attorney receives a percentage of the award as a fee. If the lawsuit is not won, there is no legal fee.

Taking Action

Since someone else's negligence may be partly responsible for your injury, you need more information on your legal options. You should contact a qualified attorney specializing in aquatic and diving injuries.

Selecting An Attorney
You may wish to talk to one or several lawyers before you decide on one to represent your case. When choosing an attorney, ask the following questions:

  • Will the attorney personally handle your case? Or will it be turned over to a less experienced member of the firm?
  • How much experience has the attorney had in cases similar to yours? Someone who handles general product liability and personal injury cases may lack a specialized knowledge of aquatic injuries.
  • How successful has the attorney been with cases similar to yours? Look for a good win record, and a lawyer that has the knowledge, resources and commitment to put forth the best effort on your case.
  • Can your attorney supply names and phone numbers of previous clients who can testify to his ability as an attorney?
  • Can the attorney provide experts to evaluate and support your case in court?

Ron Gilbert, chairman of FAIP, is an attorney that specializes in aquatic injury cases, having helped victims in 35 states. Ron Gilbert is willing to travel to visit each client personally, providing support, information and referrals to help his clients in all aspects of their lives. If you have questions regarding your legal options or the selection of an attorney, Ron Gilbert will provide you with free professional counsel based on his nearly 20 years of experience with these types of cases. He can be reached toll free at 1-800-342-0330 or by email at ron@fscip.org.

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