While boating offers fun and relaxation, it also provides a potential for accidents and injuries. Boaters must take actions that are proactive and able to keep them and others safe. Unfortunately, this is not always possible, and the injuries lead to loss of wages, emotional harm and high medical bills.
To combat the effects of negligence on the water, it may be necessary to turn to a Mississippi attorney for help. They will be able to investigate why the accident occurred and build a strong case to obtain the compensation you deserve.
Let’s take a look at some of the most common injuries found in boating accidents.
Reasons for Boating Injuries
Injuries while boating vary from minor to significant, with some being life-threatening. Some reasons the injuries occur are:
- Hitting another vessel: This can happen when the at-fault party is impaired by either drugs or alcohol. Frequently it occurs when the boat’s operator has not taken boating courses and fails to follow proper protocol while on the water. Whether you are a passenger on the boat or on another vessel, your lawyer will be able to file a lawsuit against the at-fault party.
- Hitting underwater obstacles: Boaters who are reckless can hit a buoy or a marker in the water, causing the boat to lose balance or be damaged enough to take on water.
- Falling overboard: Many people party on a boat and fall overboard. This can also happen when the operator makes a sharp turn. Depending on the circumstances, you can file a claim.
- Defects: On occasion, manufacturer defects can cause the boat to malfunction. If this happens, you will be able to file a product liability lawsuit against the manufacturer of the boat and its designer.
- Failure to have safety equipment: If the boat owner fails to have adequate safety equipment on board and you are injured because of it, you can hold them responsible.
Boating Injuries
Some frequently encountered injuries are:
- Head trauma: Hitting the head can lead to a traumatic brain injury. Such injuries include concussion, which can cause headaches and forgetfulness and last for six months. More significant injuries also occur, such as a subdural hematoma. This is an accumulation of blood on the brain, and in many cases, the pressure-causing blood must be surgically removed. TBIs are not just life-threatening but can disrupt a person’s life for years to come.
- Respiratory distress: Drowning can lead to respiratory distress and can have a fatal outcome. This may be due to a lack of supervision or adequate safety devices on the boat, such as life jackets.
- Fires: Electrical sparks due to unmaintained wires can result in a burn injury. It is the owner’s responsibility to ensure the vessel is well-maintained.
Compensation in a Boating Injury
When you are injured due to another’s recklessness or another negligent behavior, you have the right to file a claim against the at-fault party. Some types of compensation are:
- Loss of wages: The money you would have earned if the injury had not occurred can be claimed. If your inability to work is permanent, you have the right to ask for the amount of monetary compensation you would have received until retirement.
- Loss of earning capacity: Sometimes, an injured party has to take a lesser-paying job because of their injuries. When this occurs, you can file for the wage difference.
- Medical care: The cost of medical care is high from the emergency room to the surgical suite. This loss, as well as home nursing care after release from the hospital and home modifications due to a disability, is recoverable. So are assistive devices, such as a wheelchair.
- Loss of companionship: A spouse can join the lawsuit when the love and support they once had from the injured party is gone.
- Pain and suffering: Chronic pain, emotional turmoil and psychological problems such as PTSD can all occur after a traumatic accident. The monetary value of these losses is recoverable.
The Diaz Law Firm
When you are injured in a boating accident and cannot fight for yourself, the lawyers at the Diaz Law Firm are here to help. We have been helping boaters get the compensation they deserve and will fight for your rights. Call us at (601) 607-3456 or contact us online to schedule a free case review. You will pay no fee unless you win your case.