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Whalen Montalvo

Greenville Swimming Pool Accident Lawyer

Public and private pools provide users of all ages an opportunity for exercise and fun. However, these bodies of water are dangerous when left unprotected or unmonitored.

A near-drowning or fatal drowning can occur in seconds due to property owner negligence. If you or a close loved one suffered or died due to such a tragic event, a Greenville swimming pool accident lawyer may be able to help you fight for justice.

Greenville Swimming Pool Accidents

Unsecured pools are one example of property owner negligence.

Non-swimmers and even strong swimmers are at risk when entering a pool. No matter how deep, the water is dangerous and deadly for anyone who cannot swim or suffers a cramping or other emergency.

Swimming pools are particularly attractive to children because of their natural curiosity and inability to perceive potential danger. Sadly, according to the American Red Cross, drowning is the leading cause of death for children in the United States.

Pool accidents and deaths are preventable if pool access is secure. City of Greenville zoning regulations require a wall or fence surrounding private pools. The purpose is to prevent uncontrolled access.

Access to the pool must be secured with a gate and lock. Failure to maintain such a perimeter can result in negligence when someone suffers severe harm or death. Other potentially liable causes of swimming pool accidents are slips and falls, electrocution, and traumatic brain injuries.

If you or a close loved one experienced a swimming pool accident, contact a Greenville swimming pool accident lawyer today. Taking swift action to hold the responsible party accountable is imperative for your civil claim or lawsuit.

Why Choose Us?

Attorneys James Whalen and Eric Montalvo have vast and vital experience.

A swimming pool accident is a devastating event. Whether your loved one suffered a catastrophic injury or died due to the accident, we care about and fight for you.

Attorneys James Whalen and Erik Montalvo are highly skilled and experienced Greenville swimming pool accident lawyers. They work with clients to understand what happened, when, and how. This knowledge is then used to build a strong case for fair compensation.

Attorney James Whalen is a Greenville native with civil litigation experience for plaintiffs and defense. A graduate of the University of South Carolina School of Law, James works hard to secure the best possible outcome for his clients.

Attorney Eric Montalvo’s experience includes an extensive military background—his time as a United States Marine. For more than 20 years, Eric served in Marine leadership and as a Judge Advocate. He now puts his experience to work for Greenville victims of negligence.

Past client reviews provide a snapshot of what it is like to work with Whalen Montalvo Attorneys at Law. Contact James or Eric today if you or a close loved one suffered significant damages from a Greenville swimming pool accident.

How We Help Victims of Negligence

Whalen Montalvo Attorneys at Law fight for their clients.

Swimming pool accidents can occur in various settings, such as hotels, city parks, or a neighbor’s house. At Whalen Montalvo Attorneys at Law, we carefully examine the evidence of each case by:

  • Interviewing witnesses
  • Examining accident scene photographs
  • Researching instances of previous violations
  • Gathering information relating to victim damages.

We handle aggressive insurance companies so you can rest. Our team is familiar with companies’ unfair tactics during the settlement negotiation process. We counter these tactics by fighting for a fair settlement that our client needs and deserves.

Common damages from swimming pool accidents include:

  • Extensive medical costs: either for life-saving, ongoing costs, or final medical care of a loved one
  • Lost wages: missed time from work due to recovery, caregiving, or grief
  • Lost earning capacity: if you or a loved one is unable to return to a job, fighting for missed, future wages is a typical part of a civil claim or lawsuit
  • Funeral and burial costs for the loss of a close loved one.

Losing a beloved family member due to a swimming pool accident is heartbreaking. While no compensation can ease your pain, it may alleviate unexpected financial stress.

A Greenville wrongful death attorney can help you by evaluating the circumstances of your loss. A free case consultation is the best way to start your journey toward accountability, justice, and possible compensation.

Swimming pool accidents are avoidable if property owners adhere to Greenville zoning requirements and standard pool safety. If a negligent property owner is responsible for your life changes, contact Whalen Montalvo Attorneys at Law for a free consultation.

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Swimming Pool Accidents: FAQs

A swimming pool accident can leave victims confused and questioning their next move. A Greenville swimming pool accident lawyer answers frequently asked questions:

Can I settle with an insurance company without an attorney?

Accepting a settlement without legal representation is never a good idea. Your emotional state and unfamiliarity with the settlement process may leave you with less compensation than you deserve.

How does a swimming pool accident attorney handle an insurance company?

A swimming pool accident attorney is familiar with the negotiation process. They can easily spot tactics designed to delay or deny claims.

Will my swimming pool accident case go to trial?

Most cases settle out of court. However, if your case goes to trial, hiring an attorney with trial litigation experience is crucial for your case.

What if my loved one initially survives but passes later from their accident injuries?

Depending upon your relationship with the decedent, you may want to consider pursuing a wrongful death claim or lawsuit. South Carolina wrongful death law allows certain parties to seek compensation, whether death due to negligence is immediate or occurs later.

A free case consultation helps accident victims learn more about their legal options. Get the answers to your swimming pool accident questions by contacting Whalen Montalvo Attorneys at Law today.

South Carolina Statute of Limitations

Time is not on your side when it comes to pursuing compensation.

The South Carolina statute of limitations for personal injury and wrongful death cases is three years. This seems like plenty of time to pursue compensation; however, thirty-six months can pass in the blink of an eye.

Investigating a swimming pool accident and identifying liability takes time. Getting started as soon as possible is because witnesses can forget vital details or relocate. Other potential issues are lost accident scene photos or medical records.

The statute of limitations “clock” starts to tick when the accident happens. If your loved one initially survived their injuries, only to pass later, the clock begins at their moment of death.

Civil courts have strict deadlines for filing personal injury or wrongful death cases. Victims who do not file before the statute of limitations expires are generally left with no legal options.

At Whalen Montalvo Attorneys at Law, we are familiar with court filing deadlines and procedures. While most cases settle without a trial, we secure your right to a potential courtroom experience by filing your lawsuit within the statute of limitations.

Greenville Swimming Pool Accident Lawyers

When a tragedy results from negligence, call us.

A swimming pool accident can leave a victim with catastrophic injuries or end their life. In either instance, the resulting unexpected costs only add to your stress.

While compensation is neither promised nor guaranteed, it is worth fighting for. Having a professional Greenville attorney by your side is essential for securing the best outcome possible.

Insurance companies are for-profit businesses that seek to protect their best interests. If an insurance adjuster pressures you to accept a settlement — before you contact an attorney — do not speak with them.

Hire a member of the Whalen Montalvo Attorneys at Law team and refer the adjuster to us. We will remove the burden of your case from your shoulders and provide you with strong legal representation.

The time following a traumatic event such as a swimming pool accident is not the time to make a financial decision alone. Accepting a settlement now can gravely impact you later, should your medical condition from your injuries worsen.

Having someone by your side throughout the claim or lawsuit process is critical for protecting your best interests. Let us help you through the aftermath of your tragedy caused by negligence.

Contact Whalen Montalvo Attorneys at Law Today

A Greenville swimming pool accident can occur any time of year. An indoor pool, for example, in a hotel or private home, presents a danger, regardless of the month.

Attorneys James Whalen and Eric Montalvo help their clients through life’s most challenging times. They work hard yet treat you with compassion after your tragedy.

If you suffered severe harm or lost a close loved one due to a Greenville swimming pool accident, contact Whalen Montalvo Attorneys at Law today to schedule your free consultation: (864) 770-7710.

Insurance companies have someone on their side, and you should, too. Do not settle for less than you deserve. Be proactive in pursuing the compensation necessary to rebuild your life. Contact Whalen Montalvo Attorneys at Law today.

James M. Whalen

I grew up right here in Greenville, South Carolina. Following highschool, I attended Rhodes College in Memphis, Tennessee, where I was an NCAA Scholar-Athlete for the Rhodes Lynx soccer program.

I completed my law degree at University of South Carolina School of Law, where I was on the mock trial team and an editor for the Journal of Law and Education. Following graduation, I served as a judicial law clerk for Senior Judge Robert H. Hodges, Jr. on the Court of Federal Claims in Washington, D.C. My experience in D.C. trial courts solidified my desire to become a trial lawyer.
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Get the best legal representation possible. Give the Greenville, SC attorneys at Whalen Montalvo a call today at (864) 770-7710 or use our online form.