In a Boat Accident? Don’t Make These Mistakes

On Behalf of | Oct 18, 2021 | Boating Accidents, Buffalo Law Blog, Firm News

Were you injured in a boat accident? Don’t make these mistakes and ruin your injury claim. Call our Hamburg attorneys for a free consultation.

Boat Accident Liability

In a Boat Accident Don't Make These Mistakes

Boating injury cases are kind of a different animal, because there’s not many of them that you see on a regular basis. There are a lot of factors that come into play when figuring out who is responsible for your injuries. Of course the operator of the boat that you’re in is fully responsible for your safety, and if something happens to you as a result of their negligence, then of course it’s an easy case and they’re liable for your injuries. There could be some cases where there are a couple different boats involved in an accident and the boats don’t take proper care to make sure that they don’t come in contact with one another. In those instances, there may be another boat involved in a situation that would bring in coverage of both boats. We had indicated, on many occasions, sometimes two people can be responsible for an accident, so two separate drivers of boats could be responsible.

If there’s a government entity that’s maintaining a waterway and they leave something in the water that becomes an obstruction and causes a boating accident, that municipality could be on the hook. If that happened, we want to make sure what municipality was responsible for maintaining this waterway and whether or not they did indeed do something negligent in causing this boat to crash.

Kayaking Injury

If you’re kayaking on a waterway, you can also get compensation for injuries. There are many times that other boats on the waterway don’t see kayakers, or they’re going too fast and they’re careless, and they hit a kayak. If they do, it could be a catastrophic injury because of the nature of the big boat versus the little kayak and things of that nature. It’s really important to get your investigation started early to determine whether or not somebody did do something wrong, and try to get responsibility away from the kayaker. Of course they’re going to try to blame it on the kayaker being in the wrong place or something like that, so it’s important to get witness statements. There could be five or six witnesses on a boat. You want to make sure you get witness statements from all of those people to make sure that you got the full picture, and to make sure that we’re putting the right responsibility on the offending boat and get it away from you.

Recoverable Damages

The damages you can recover from a boating accident injury are no different than the damages you can recover in any type of accident case. The one expense that you can get recovered for is medical expenses. When I say medical expenses, we’re talking about medical care that you’ve had in the past and into the future relating to the accident. If you need future care, we can hire experts to determine what that future care would be and put a value on that.

We also have damages related to your ability to do what you normally do around your house; they’re called household service losses. If you now need someone to plow your driveway or mow your lawn, or things of that nature, there is a value to that that you can recover. There are also your lost wage expenses. Those can be substantial at time, especially if you’re seriously injured and you can’t go back to work right away or you can’t go back at all. We would hire experts to do projections and sometimes these lost wage claims can be in the millions of dollars. Last, but not least, you have your pain and suffering damages, which may be the most significant damage that you have. You have what’s called past pain and suffering damages and future pain and suffering damages. The future damages are sometimes affected by your age. If you have a 20-year-old person with a really severe injury and their life expectancy is another 60 years, that’s a lot more significant than someone with, say, a 10-year life expectancy because they’re later in their years, so age could be a factor in determining those future pain and suffering damages. The big thing is to make sure that you get the proper experts involved, to make sure that you get the full compensation you deserve.

Were you injured in a boat accident? Don’t make these mistakes and ruin your injury claim. Contact our Hamburg boat accident lawyer at Chiacchia and Fleming today for a free confidential consultation and case evaluation. Let our experience work for you.
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