Between its coastline, rivers, and abundant lakes, New Jersey is a beautiful place for boating. Unfortunately, many people fail to take safety seriously when they are on the water. Boating accidents can be as dangerous as car accidents—often even more dangerous because of their unique risks.
If you have been injured in a boat accident due to someone else’s actions or inactions, you may wonder about your potential legal options. Identifying the responsible parties and filing a claim against them is the best way to get compensation for your injuries, but it can feel impossible to do on your own. A Clark boat accident lawyer from Fredson Statmore Bitterman, LLC, can review the facts of the case and help you determine your next steps. Reach out today to begin working with our dedicated personal injury attorneys.
Who Is Liable for a Boat Accident?
Liability in a boating accident, like any personal injury case, hinges on negligence. The key question is whether someone failed to act as a reasonable person would have under similar circumstances. While the boat operator may be negligent, other parties could also bear responsibility. These may include the boat’s owner, passengers, dockworkers, the manufacturer, or even the boat’s mechanic.
To determine liability, an injured person must establish whether a party owed a duty of care to them. If they did, the next question is whether they breached that duty. Did this breach directly lead to the injury? Finally, were there measurable damages as a result? If the answer to these questions is yes, that party may be held liable. A Clark boating accident attorney plays a vital role in identifying all potentially responsible parties.
Potential Injuries in Boat Accidents
There are four main sources of injuries in a boat accident—the force of the impact with the boat, the force of the impact with the water if ejected, water injuries, and fire. Each source can lead to different types of injuries. Impact injuries can include soft tissue injuries, head injuries, spinal cord injuries, amputations, and more. Water injuries can include hypothermia and drowning. Fires can lead to burn injuries and carbon monoxide poisoning. Victims may have several different types of injuries from the same crash event. Connecting the injury to the accident is how a boat crash lawyer in Clark establishes damages.
Damages Available After Watercraft Injuries
The damages a victim can recover after a boating accident depend on the nature and extent of the injuries. There are two broad types of damages: compensatory and punitive. Compensatory damages repay victims for their losses and come in two types: economic and non-economic.
Economic Damages
Economic damages can be direct financial losses, like medical expenses and lost wages, or indirect financial losses. An example of an indirect financial loss would be if an injured person needs to hire someone to do a task that they can no longer do after an accident, like yard maintenance or housecleaning.
Non-Economic Damages
Non-economic damages cover the subjective losses that stem from an accident. This includes things like pain and suffering, emotional trauma, disfigurement, and a loss of enjoyment of life.
Punitive Damages
Punitive damages punish the wrongdoer. They are not available for everyday negligence. Instead, the wrongdoer needs to engage in some type of egregious behavior.
Not every injured person is eligible for all types of compensation. To learn more about available remedies, consult a Clark attorney after a boat wreck.
Speak to a Clark Boat Accident Attorney
Boating accidents can have a life-altering impact, sometimes even resulting in death. You and your family may be facing a completely new reality, struggling to cope with physical, emotional, and financial burdens. In the midst of recovery, the financial strain may feel overwhelming.
A Clark boat accident lawyer can guide you through this challenging time. Schedule a free consultation with our team to explore your options and get the help you need.
