A boating accident attorney can provide information about the legal process for filing a claim following a boating accident.
Sometimes these accidents come from negligent or careless behavior, such as someone not wearing a life jacket or having an alcohol problem. A lawyer may advise their client on how to file a claim, what to expect throughout the legal process, and other options they may have in addition to filing a lawsuit.
A boating accident attorney can help a client understand the various legal options available in case of injury or death on the water and to make sure claims are filed properly. They will also advise them on how to obtain medical care, obtain lost wages, and can provide an estimate of what their insurance policy will pay. A lawyer may be able to represent someone in court if they cannot afford an attorney.
Can I Sue for Injuries Sustained in a Boating Accident?
In many boating accidents, insurance companies may just cover the costs related to injuries up to a certain dollar limit. However, if a person is injured in an accident and they have been acting negligently or recklessly while boating, then they can actually sue the other party for their injuries and any other related damages. Many people are under the impression that they are only covered by their Personal Injury Protection insurance or that they cannot sue another party if the accident causes injuries. However, this is not the case. Every state has different laws, and each person’s boating accident case is different. A lawyer can be very beneficial in helping a client determine if they have grounds to file a lawsuit and help them through the complicated legal process of filing a lawsuit and taking care of their personal matters while working through their case.
Are You Required to Report a Boating Accident?
A boating accident attorney can provide information about what to do after suffering injuries in a boating accident or for the family or next of kin of someone who passed away in a boating accident. If there is an injury, the person should report it immediately to the local police and file an accident report. They should also secure their own personal belongings and any potentially damaged property, as this will be important evidence later on. Witnesses to the incident should also be located, and their contact information should be taken down. In the accident report, make sure you clearly state the time and date of the accident, as well as a brief description of what happened. The local police will have already taken pictures for the report, but if you did not take pictures during the incident or can’t get your phone to work, then these are very important in evidence later on.
Who Is Liable for Boating Accidents?
For a boating accident to be considered negligent or reckless behavior, the other person must have had some sort of duty to act or at least have a duty to inform the boater of any danger. If they did not have this duty, then they cannot be held liable in the case. For example, if someone else is driving their boat, they cannot be held liable for their customer’s negligence, as their main duty is to drive safely and get the customer safely back to shore. If the customer is holding the other party responsible, they must be willing to take all of the blame in court. The driver will only be liable if the other party does not want to take any of the blame, so if there are many people involved in the accident and it is an issue between multiple parties, then it may be more complicated in court with multiple blame parties.
Is Boating Accident While Water Skiing a Different Topic of Law?
Boating accidents while water skiing or jet skiing are often confused with boating accidents while on a personal watercraft. However, they are two different things, and the law concerning one applies to the other—even if you were injured in one accident but not the other. A good lawyer can help people understand this distinction and how to proceed with their claims. Boating accidents can be included in a general personal injury case under a boat coverage clause. However, this is not always the best way to proceed, and more often, it can be beneficial to get specific legal advice on how to proceed with your claim.
This article has provided a basic understanding of what the laws are regarding boating accidents and how to file a claim. A lawyer is an important part of the legal process, especially when the person involved in the accident did not have any legal training on their own. A good lawyer can help them understand what their options are and help explain any legal aspects they may be confused about.