Summertime is here, and families have begun to enjoy boating and water sports. However, it is important to keep in mind that these activities can sometimes lead to deadly accidents. Commonly, inexperienced, intoxicated, or reckless boaters can cause accidents that may lead to a boat capsizing or tipping over resulting in the death of a passenger. If you or someone you loved has been injured or killed in a boating accident as a result of someone else’s negligence, contact an experienced personal injury attorney that can fight for the compensation you deserve.
According to the United States Coast Guard (USCG), the number one cause of fatal accidents on the water is the result of an intoxicated boater. These accidents often result in death or serious injuries that require treatment in a long-term care facility. Injuries from boating accidents that require treatment in a long-term care facility include amputations, Traumatic Brain Injuries, spinal injuries, and broken bones.
Here, a person may file a claim under the theory of negligence, which asserts the following:
- The boat operator owed a duty of care to the plaintiff;
- The boat operator breached this duty;
- The breach caused the accident; and
- The plaintiff suffered injuries.
In addition, if a loved one is killed as a result of a boat operator’s negligence, the decedent’s family may file a wrongful death action to recover compensation. A person may recover damages for the following:
- Medical expenses;
- Pain and suffering;
- Lost wages,
- Funeral expenses; and
- Lost financial support and companionship, among others.
It is worth noting that New York law requires the decedent’s family member to be the estate representative in order to file a wrongful death action. Furthermore, a wrongful death action must be filed within two years from the date of the decedent’s death.
If you or a loved one has been injured or killed as a result of a boat operator’s negligence, it is important to contact an experienced personal injury and wrongful death attorney that will evaluate your case and seek maximum compensation from those responsible. Seeking the assistance of an experienced lawyer is vital in protecting your rights. Contact the dedicated, experienced attorneys at Levine & Slavit, PLLC for the representation you deserve. Call (888) LAW-8088.