Memphis Boating Accident Lawyer
In an instant, a boat or other watercraft accident can turn a fun time into a horrific injury accident. These accidents can result in catastrophic or deadly injuries, especially if there is water present, which raises the risk of drowning for individuals involved. Out on the ocean, there are no stoplights, signs, or traffic lanes to direct you. Furthermore, the watersports safety equipment offered is limited. As a result, open water can be a dangerous environment, especially if other people in the water are careless or irresponsible. Their carelessness may result in devastating injury to you or your loved ones.
You may be eligible for compensation if you or a loved one was injured while out on the water. At our law firm, we will work tirelessly on your behalf to obtain the compensation you are due. Insurance companies are often deceptive advocates. They want to save money by cutting corners on your care. Our law firm has together an experienced team to act as the true advocate you deserve.
We take precautions when we get out on the lake and expect our fellow boaters to do the same. This civility, however, is not always returned. On their speedboats, fishing boats, sailboats, Jet Skis, and other watercraft, irresponsible persons can cause terrible accidents. It can be frustrating to be hurt in this way. Even more irritating is the mound of medical costs that can accumulate following an injury. You may be entitled to the amount of compensation if you or a loved one has been harmed in a boating accident.
In the best of circumstances, recovering after an injury can be difficult and stressful. Dealing with the untimely death of a loved one who was injured while boating is even more difficult, if not catastrophic. If you’ve been hurt or a loved one has died as a result of this, you’ll need a lawyer. The simplest method to go through a lawsuit is to work with an experienced law firm. You and your family should be able to concentrate on getting your life back on track following your injury rather than worrying about how to pay for medical bills. A good law firm will know how to get you the most money for your injury. If you have been wounded or a loved one has died due to someone else’s negligence while boating, you have the right to seek compensation.
It can be incredibly tough to deal with the pain and sorrow of an unexpected and devastating boating injury. The fact that someone else’s recklessness caused the accident may add to your grief. You shouldn’t be held financially responsible if you or a loved one has been wounded in this way. Our law firm experienced lawyers will fight for the compensation you deserve. If you have not gotten a fair offer, we will not take the easy way out and settle. Our team of seasoned attorneys will devote all of their resources to achieving justice for you. Call us today at (800)-560-5059 for a free consultation.
Why Choose Us?
We have more than two decades of trial expertise at our law firm. We are never afraid to take your boating accident case to trial. To save time and energy, other firms will settle as soon as possible. But our firm is looking for more than just a fast profit. We will use all of our efforts to obtain the compensation to which you are entitled. After an accident, your insurance company is not interested in paying you the money you are owed. They want to make as much money as possible. We will fight for your justice on your behalf. Working with our experts will provide you peace of mind knowing that your case is in good hands. We have several years of experience and have helped clients recover thousands of dollars. When no one else would, we are passionate about seeking justice for our clients. We are dedicated to helping you in regaining control of your life. You and your loved ones have already been through a lot. We’re here to help you. Call us today at (800)-560-5059 for a free consultation.
Common Questions About Boating Accident Lawsuit
What are the common causes of a boating accident?
Getting out on the water when the weather is pleasant is a favorite hobby of many people. It’s crucial to realize that all states have unique boating rules in place to protect members of the public, whether you’re on a lake, river, or the open sea. In Tennessee, regardless of whether the owner was there or not, the vessel owner can be held responsible for any injuries caused by the vessel. Furthermore, the US Coast Guard has regulations in place for boat licensing and safe operation. Following are the few causes of boat and watercraft accidents:
- Negligence by the operator
- Too Fast For The Circumstances
- Disreputable Operation
- Boating While Impaired By Alcohol Or Drugs
- Colliding With Another Vessel While Operating An Overcrowded Vessel Or Dock Equipment Failure
What is the time limit for filing a boating accident lawsuit?
You have one year from the date of your injuries to initiate a personal injury case in Tennessee. You have one year after the deceased’s death to bring a wrongful death claim on their behalf.
What is the procedure for determining liability in the event of a boating accident?
The concept of carelessness will be used in a boating accident suit. If a boater fails to take basic and sensible safety precautions, they are negligent. You must be able to prove a few things to make a legal claim based on negligence: duty, breach, causation, and injury. The plaintiff must prove that the defendant was accountable for behaving with caution, failed to do so, and caused an accident that ended in harm or death. To suit based on negligence, all of these components must be demonstrated. That is why it is very important to have competent legal counsel.
Questions to Ask Your Boating Accident Lawyer
What if I’m partially to blame for the accident?
In Tennessee, a rule known as “modified comparative negligence” is used. It means that even if you were partially to blame for the accident, you might still be entitled to compensation. If both parties share blame in a lawsuit, the court will assign blame as a proportion. Suppose the court determines that you were 30% at fault for the accident. In that case, you may be able to recover up to 70% of the potential damages from the lawsuit. You cannot seek damages in Tennessee if you are found to be 51% or more responsible.
What distinguishes a watercraft accident claim from a car accident?
Boat insurance varies from auto insurance in several ways. The accident investigation is challenging because the vessels drift or sink, leaving no tell-tale evidence such as skid marks. Maritime laws may impact culpability or compensation, and maritime torts have a longer statute of limitations than other types of personal injury litigation.
In the event of a boating accident, who is responsible?
Every boating accident is different. On public waterways, the vessel’s operator is responsible for safe operation and following the “rules of the road.” If the boat wasn’t seaworthy or the owner was irresponsible in handing the boat or personal watercraft to a minor or drunk person, the vessel’s owner may be accountable, even if they were not there. A product liability lawsuit against the manufacturer/owner of the boat or equipment could result from faults that resulted in injury. If the other ship were a commercial vessel, the employer and owner of the boat would be held liable. Other parties, such as government agencies or marina owners, may have contributed to or caused the catastrophe through their negligence or irresponsible behaviour. More than one defendant can be named in a lawsuit.
In a boat accident lawsuit, what type of damages can I get?
Boating accident victims are entitled to the same compensation as victims of land-based accidents, including lost wages, hospital bills, and suffering. The lawsuit will cover property loss, such as boat repairs or replacement if the vessel is damaged or sunk.
Process of Filing a Lawsuit After a Boating Accident
If you have been injured in a boating accident, the state’s law gives you the right to file a claim against the person responsible and take compensation from him, which you deserve. Below we have discussed what you should do right after the boating accident and the complete process of filing a claim.
Suppose you are aboard a boat that has been involved in a boating accident, and the ship is still afloat. In that case, the most important thing you should do is establish whether you or anybody else requires medical assistance.
If someone has fallen overboard, you should help them back onto the boat as soon as possible. Climbing on floating wreckage and signalling for aid are recommended if the vessel has split apart or is sinking. A life jacket should be always worn or readily available to assist you in staying afloat in the case of a boating accident. Drowning is responsible for 70% of boating accident deaths, according to the US Coast Guard.
Even if you do not believe you were hurt in the boating accident, it is always a good idea to see your doctor. The shock of being in a boat disaster can sometimes disguise symptoms of a major injury. Due to you and your loved ones, you should take precautions and seek medical advice as soon as possible. Don’t forget to tell your veterinarian that you were in a boating accident since they may want to run additional tests or perform procedures.
After ensuring that everyone is safe and out of immediate danger following the boating accident, you’ll need to gather vital information from individuals aboard the other vessel as well as any witnesses. You should collect the following information at the accident scene:
- The boat operators’ names, residences, and phone numbers were involved in the accident.
- Names, residences, and phone numbers of passengers on board any vessels involved in the accident.
- Any eyewitnesses who have witnessed the disaster from the shore or other vessels should provide their names and contact information.
- The number of the other vessels involved in the accident’s registration or identification.
- The names of the insurance companies and the policy numbers of people who were involved in the accident.
- You might want to picture the damage to the boat as well as the location of the collision. Obtaining this evidence at the boating accident scene can be beneficial if you need to prove that the other boat operator was at fault subsequently.
Boating Accident Reporting
You should report this boating accident as soon as possible. After collecting all the evidence, you should contact an experienced Memphis boating accident attorney to help you file the claim to hold the person liable. Even if you believe you were to blame for the boating tragedy, you should not apologize or accept responsibility. You do not want to do anything to undermine the investigation or your possible boating injury claim by determining who caused the accident without considering all of the facts. In reality, you should seek the advice of an expert boating accident attorney who can help you file the necessary paperwork and pursue your entitlement to compensation.
Claims for Insurance or Injuries
Suppose you own or operate one of the vessels involved in a boating accident. In that case, you must also notify your insurance company. Regardless of who was at fault, you should contact your insurer because you may need to file a claim for damages with your insurer.
You may be entitled to pursue legal action for compensation if the other boater was negligent, irresponsible, or disobeyed the rules in a way that resulted in the boating accident. This could cover medical expenses and compensation for lost wages, pain and suffering, emotional anguish, and wrongful death.