4 FAQs About Building a Boating Accident Claim

Whether your vessel of choice is a pontoon party boat or a luxurious catamaran, you probably never expected to get hurt while operating it. As many boating enthusiasts have learned the hard way, though, accidents on the water are all too common.

If you were seriously hurt in a boating accident that someone else caused, you probably have grounds for legal action. Chances are you’ve never put together a personal injury claim, though, and you’re unsure how to proceed.

As long as your financial security is in jeopardy, it’s wise to turn to a seasoned professional for help. A knowledgeable boating accident attorney can help you navigate every stage of the claims process.

If you’re wondering what to expect along the way, here are the answers to some of the most frequently asked questions on the subject:

1. Who Might Be Liable for a Boating Accident?

When it comes to boating accidents, liability lies with the parties who could have prevented them had they acted with reasonable care. While the circumstances surrounding the incident in which you were hurt will ultimately determine who was to blame, at least one of the following parties will probably be found responsible:

• Another boater;
• The municipality responsible for maintaining the waterway;
• The municipality or company responsible for maintaining the marina or launch;
• A vessel or parts manufacturer; or
• A maintenance contractor.

2. How Do You Prove Liability for a Boating Accident?

To place blame on those who were responsible, you’re going to need to conduct a thorough investigation. This investigation will hopefully yield some of the following pieces of evidence, all of which can contribute to your claim:

• Photographs of the scene;
• Video footage of the accident;
• Maintenance logs;
• Engine schematics;
• The marina’s standard operating procedures;
• Eyewitness testimony;
• Statements from accident reconstruction experts;
• Toxicology results; and
• The office police report.

3. What Kinds of Damages Are Recoverable Following a Boating Accident?

Those who get hurt in boating accidents through no fault of their own are usually entitled to compensation for almost all the losses they incur as a result. Examples include:

• Pain and suffering;
• Mental anguish;
• Emotional distress;
• Loss of enjoyment in life;
• Medical expenses;
• Lost wages;
• Loss of future earning capacity;
• The cost of reasonably necessary replacement services;
• Home and vehicle modifications;
• Child care; and
• Domestic help.

4. How Long Do You Have to Take the Opposing Party to Court?

Most legitimate boating accident claims are settled. Should the insurance adjuster refuse to offer you a fair payout, though—or deny liability altogether—it may be necessary to go to court.

In Minnesota, the filing deadline for injury actions founded on negligence is two years. Because there are a few variables that can shorten this deadline, however, it’s advisable to call an attorney as soon as your condition stabilizes.

Call 320-259-5414 to Discuss Your Case with a St. Cloud Boating Accident Attorney

At Bradshaw & Bryant, we’re not afraid to go up against even the largest insurance carriers. If you were hurt on the water because of another party’s negligence, we’ll help you gather the evidence needed to prove it. Call 320-259-5414 or fill out our Online Contact Form to arrange a free case review with a boating accident lawyer in St. Cloud.