Boating accidents can cause significant injuries and are often a result of operator negligence. If you have been injured or lost a loved one in an accident involving a motorboat, sailboat, jet ski, or other watercraft, you should reach out to a Windsor boat accident lawyer.
A seasoned personal injury attorney could provide legal advice on how to pursue financial compensation for your injuries by filing a claim for damages. They could represent you throughout your case, including negotiating with an insurance company and presenting your case before a judge.
What Are the Common Causes of Boat Accidents in Windsor?
Many factors can contribute to a boating accident but operator negligence is often the primary cause. An operator is negligent if they speed, violate the rules of navigation, fail to maintain a proper lookout, operate the craft under the influence of drugs or alcohol, or otherwise engage in careless or reckless operation of the craft.
Boat accidents might involve one boat slamming into another, which can lead to drowning. A larger boat could hit smaller craft such as kayaks or jet skis, or run over swimmers. Regardless of the type of accident, boating accidents can lead to both severe and minor injuries, including:
- Torn ligaments
- Lacerations and contusions
- Broken and fractured bones
- Traumatic brain injuries
- Spinal injuries and paralysis
A South Windsor boat crash lawyer could work to identify the responsible individual or entities liable for the accident and pursue damages on behalf of the injured person.
Collecting Compensatory Damages
Like many states, Connecticut has a “modified comparative fault” system for insurance claims. This law requires anyone seeking compensation from a boat accident to show fault on the part of a watercraft operator. If there are multiple parties contributing to the accident, the plaintiff may name all the contributors and defendants, and they will share liability.
To recover any damages, the plaintiff must also show they are no more than 50 percent at fault for the accident. The plaintiff’s final award will be reduced by their contribution to the accident. For example, if the plaintiff is 30 percent at fault, the defendants will only be responsible for 70 percent of the compensation.
Filing Deadlines for Windsor Boat Collisions
For most watercraft collisions in South Windsor, a personal injury claim or lawsuit must be filed within two years of the accident, according to Connecticut General Statutes § 52-577. In some instances, however, the filing date might be in as little as 90 days. Failure to file within the allotted time may result in the plaintiff being barred from recovering damages. A Windsor boat accident attorney could keep track of important deadlines and ensure that the plaintiff does not lose their right to sue.
Types of Damages
An attorney could significantly increase the claimant’s chances of securing adequate compensation for their losses by pursuing all forms of payment which the claimant has the right to. These recoverable compensatory damages could include:
- Medical expenses
- Lost income
- Watercraft repair and replacement
- Rehabilitation costs
- Pain and suffering
Additional compensation for the claimant’s mental distress, disability, or lost enjoyment of life might also be available.
Call Today to Speak with a Windsor Boat Accident Attorney
Legal proceedings are stressful enough, even before you factor in the need to physically recover from an accident. But you do not have to do it alone. A Windsor boat accident lawyer could offer an initial review of your case and advise you regarding possible next steps. Call today to book your introductory case consultation.