A boat accident can be devastating or worse than a car crash. You may have physical injuries, mental trauma, and extensive pain and suffering. You can be entitled to compensation if someone’s negligence caused your boat accident injuries.
In this article, learn when you know that you need a boating accident lawyer. Then, speak to a Spring Hill boating accident attorney in your area for a free consultation. They’ll determine if another person’s negligence or wrongful act caused your injuries. Talk to a boat accident attorney today if you have questions about a case.
How Common Are Boating Accidents?
The US Coast Guard recently released its 2023 statistics on recreational boating accidents. Fortunately, fatalities fell by 11 percent from 636 to 564 in 2022, and overall accidents fell by 5 percent from 4,040 to 3,844. Injuries dropped by 4 percent from 2,222 to 2,126. The data shows the death rate was 4.9 per 100,000 registered boats, a 9 percent decrease from 2023.
While progress has been made in boating safety, the USCG noted that alcohol abuse is the leading cause of fatal boating incidents. There were 79 deaths related to alcohol use, which was 17 percent of all fatalities.
Common causes of serious and fatal boat accidents are:
- Collision with another vessel
- Flooding and swamping
- Collision with a fixed object
- Grounding
- Falling overboard
- Capsizing
Data also shows that most boat accidents happen when the vessel cruises or changes direction. Operator inattention, inexperience, improper lookout, and excessive speed are underlying factors in most boating accidents. Talk to a boat accident attorney promptly if you suspect another party’s negligence caused the accident.
What Compensation Is Available In A Boating Accident Claim?
Like a car accident, your boating accident injuries may entitle you to compensation for your economic and non-economic damages, including:
- Medical expenses: Damages from your boating accident may include current and future medical costs, such as ER and ambulatory care, hospitalization, surgeries and procedures, rehabilitation, prescription drugs, medical devices, and home modifications.
- Lost earnings: Lost earnings may include the money you lost while recovering and future lost earnings related to lowered earning capacity. This may be appropriate for a long-term or permanent injury.
- Property damage: Was your boat or other personal property damaged or destroyed? You may be paid for all damaged property related to the boat accident.
- Permanent disability: Unfortunately, many boating accidents cause permanent disability, such as brain damage, spinal cord injuries, or amputations. You may receive compensation to provide medical care at home for as long as your injury lasts. Occupational therapy may be ordered if you need to switch to another field.
- Pain and suffering: A severe boat accident injury can be painful. You should be paid for your physical pain and suffering, as well as mental anguish related to the injuries and medical treatments.
Who Can You Sue In A Boating Accident?
Usually, the liable party in a boat accident lawsuit is the boat operator for one of the vessels. That person or their insurance company usually pays damages in most claims. However, other parties, such as boat passengers, a jet ski operator, or a company, can be liable for damages if the liable operator was working when the accident occurred. Also, you can file a claim against the boat company or product manufacturer if a product defect contributed to the accident.
What Is The Average Boat Accident Settlement?
There is no average settlement amount for any personal injury case. Every case is different, with varying factors, injuries, and damages. Your case can be similar, but your claim is worth much more than the other.
An experienced boat accident attorney will review your case and offer an approximate case value based on these factors:
Injury Severity
Your case value rises if you have a serious boating accident injury, such as brain damage from drowning, spinal cord injuries, burns, etc.
Medical Expenses
Serious injuries incur high medical expenses, including surgeries and hospitalization, rehabilitation, physical therapy, home healthcare, and more. For example, a severe brain injury may require hundreds of thousands in medical expenses in the first year. This could be the case if your loved one partially drowned and suffered brain damage.
Lost Earnings
A serious brain injury in a boat accident can lead to permanent disability, which will increase the settlement. On the other hand, a less severe injury, such as broken bones, may eventually heal fully, so the case value is lower.
Pain And Suffering
A disabling injury, such as a spinal cord injury, involves extreme mental and physical pain and suffering, so the case value will be much higher than for a minor injury.
Legal Expenses
Your case value is also affected by legal expenses. A settlement is the usual case outcome, which incurs lower legal bills than if the case goes to trial. Your attorney will inform you if the best settlement offer is the preferred solution or if going to trial is worth the extra cost.
Property Damage
Was your boat destroyed in the accident? This will lead to a higher case value than if the vessel is repairable.
What Does A Boating Accident Attorney Do?
A personal injury attorney who is skilled in boat accidents can offer you and your family legal advice, prove liability, negotiate settlements, and more:
Prove Liability
You may have a boat accident claim if another person’s negligence injured you. Your attorney’s job is proving fault, which involves showing these facts to the insurance company or jury:
- The other party owed you a duty of care. For example, a boat pilot owes other boaters a duty of care to obey the law and not hurt others on the water.
- The other party violated their duty of care by, for example, drinking alcohol and hitting your boat.
- You suffered injuries in the accident, such as brain trauma.
- You have damages, such as medical bills and lost earnings.
Your boat accident lawyer will collect vital evidence to prove that the other party injured you, such as surveillance video, police reports, and eyewitness statements.
Communicate With Stakeholders
A serious boating accident injury can be overwhelming. You don’t want to deal with insurance companies and attorneys when so much is on your plate. A personal injury attorney will handle all stakeholder communications and relay any necessary updates about your claim.
Negotiate With The Insurance Company
Most personal injury claims are settled with the liable insurance company. For example, if another boater hits your boat and causes injuries, your boat accident lawyer will add up your damages and negotiate a settlement with the boater’s insurance company.
They will demand the most money for your medical bills, pain and suffering, lost earnings, etc. There can be weeks or months of back-and-forth negotiations with the insurance company.
Calculate Your Damages
A boating accident attorney will carefully consider all your damages, including current and future medical expenses, current and future lost earnings, mental anguish, pain and suffering, lost earning capacity, and more.
Go To Trial, If Needed
Your boating accident attorney will adeptly prepare the case for trial if a settlement cannot be reached.
Overall, your attorney will be your legal advocate from start to finish, prove liability, and fight for the most compensation for your losses.
Can You Win A Boat Accident Claim Without An Attorney?
You should usually consult a boating accident attorney after any accident caused by another party. A boat accident attorney knows how to value your claim, investigate the accident, prove liability, negotiate with insurers, and much more.
Your boat accident attorney is dedicated to your interests and will maximize your settlement or jury award. Research shows that personal injury attorneys help their clients obtain more compensation than they can alone.
A boat accident attorney is a critical resource for your potential claim. If you aren’t sure you have a case, just call a skilled boat accident attorney in your area for a free case review. They can quickly tell you if you have a viable claim.
Furthermore, you should always retain a boating accident lawyer in the following circumstances:
You Have Catastrophic Injuries
Did you or a loved one suffer a catastrophic injury, such as brain damage, spinal cord damage, non-fatal drowning, amputations, burns, etc? You should hire a personal injury attorney immediately. You or your loved one may have permanent, costly damages; only a seasoned attorney will maximize your compensation.
Handling your own claim when there are catastrophic injuries may mean you receive far less than you need for your medical expenses and lost earnings.
Someone You Don’t Know Caused The Boat Accident
Loved ones and friends of the injured cause many boat accidents. Most people don’t want to sue their friends and family. If another person you don’t know injured you in a boat accident, talk to an attorney immediately. Having a lawyer on your side will make settlement negotiations easier and ensure your claim is appropriately valued.
No Insurance
Unfortunately, not every state requires boating insurance. Compensation can be complex if you’re in an accident with a boat owner without insurance. You should retain a boat accident lawyer to safeguard your rights and determine how to compensate you adequately.
Boat Maintenance Or Defects Caused The Accident
Did the liable party’s boat condition or part contribute to the accident? Part defects or inadequate maintenance may have caused the boat crash. This is a potential product liability claim; you should have an attorney. You may need to sue the maintenance company, boat, or product manufacturer, which is a more complex case.
Multiple Liable Parties Or Injury Victims
Many boat accidents occur between one, two, or more boats with many people aboard. Five, ten, or more people may be injured or killed in the boating accident. Several boat pilots or companies can be potentially liable.
Determining who is at fault for whose damages will be complicated. Many people may be fighting for a limited amount of insurance money. This is a complex matter that only an experienced boat accident attorney should handle.
Low Settlement Offer
It’s common for the liable party’s insurance company to call the injured person the same day as the accident. The insurance adjuster may offer a quick, low settlement. The insurance company isn’t your friend. It aims to minimize your claim, and offering a few thousand dollars when you don’t know the extent of your injury is absurd.
You should retain a boat accident attorney if an insurance company offers a low settlement. Ideally, you should politely decline the insurance adjuster’s call and refer them to your attorney.
Can You Afford A Boating Accident Attorney?
Yes. A contingency agreement pays personal injury attorneys. Your attorney is paid from your settlement or jury award at the end of the case. Most boating accident lawyers are paid 33 percent to 40 percent of the compensation you receive. Thus, if you obtain a $100,000 settlement, your attorney may receive between $33,000 to $40,000, plus any related legal expenses.
The benefit of a contingency agreement is the injury victim doesn’t pay out-of-pocket legal fees. So, almost anyone can afford to hire an injury attorney. This is why personal injury attorneys are selective in the cases they take. An experienced attorney will not take a case they aren’t confident will result in compensation for your injuries.
Aren’t you sure if you have a case? Call a boat accident attorney in your community today. Attorneys in personal injury offer free consultations to understand if cases will result in compensation. There’s no risk or expense to you, and you’ll know with confidence what your legal options are.
Contact A Boating Accident Attorney Today
Were you injured in a boating accident? You may have severe injuries with significant medical bills and loss of income. Today, you should retain a Spring Hill personal injury attorney to determine if another person’s negligence caused your injuries. If so, you may receive compensation for your economic and non-economic damages. You only pay legal expenses at the case conclusion if your attorney obtains compensation for you.
James Wayne Holliday
James Wayne Holliday has been practicing law since 1995. He has been named as a “Best Attorney” Lifetime Charter Member in Florida, an honor awarded to less than one percent of the nation’s lawyers.
Mr. Holliday has earned a reputation as a relentless trial lawyer because of his outstanding work ethic and thorough preparation of his cases for trial.
Author's Bio
