No one ever expects a beautiful day on the water to end in a harrowing accident. The sad reality, however, is that boating accidents are fairly common in the state of California. When people fail to exercise caution in oceans, bays, rivers, and lakes, the consequences are often devastating, and the damages tend to add up fast. Indeed, accidental injuries are enough to threaten the average family’s financial security, which is why many are prompted to filing a boating accident claim.
If you were recently hurt in a boating accident, you’re probably thinking about taking action, but you may be wondering whether filing a claim has the potential to be worth it. After all, you’ve got enough to worry about without having to navigate complex legal proceedings.
While there’s no guarantee any given claim will be successful, a personal injury attorney can evaluate the situation and let you know if securing a payout is likely in your situation. If it is, they will also explain how much compensation you should be able to seek under the circumstances, so you can decide if you wish to proceed.
To determine the rough value of your claim, your lawyer will consider a variety of factors. Read on to learn what they are:
1. The Severity of Your Injuries
Generally speaking, more severe injuries cost more to rehabilitate. As such, they tend to warrant more compensation in tort claims.
In addition to higher medical bills, catastrophic injuries can result in more missed paychecks while also demanding more replacement services. Thankfully, California tort law recognizes all such losses.
2. The Circumstances Surrounding the Accident
Most successful boating accident claims do not include a punitive award. Typically, victims are only compensated for losses they can prove they actually incurred.
If the liable party acted with malice, fraud, or oppression, however, the claimant may be able to seek punitive damages in addition to their compensatory ones. Naturally, this can increase the potential value of a claim significantly.
On the other end of the spectrum, however, the value of your claim could be reduced if you somehow contributed to the collision. California has a pure comparative fault rule, which essentially means a plaintiff’s own negligence offsets the defendant’s liability.
3. The Strength of the Available Evidence
If you present irrefutable evidence of liability, you will likely have considerable negotiating power because the insurance adjuster will know your case would hold up in court. If, on the other hand, the proof isn’t all that convincing, the carrier may not be inclined to offer a sizable payout. As such, the strength of the evidence you present will inevitably influence the value of your claim.
Call (562) 206-1939 to Speak with a Boating Accident Attorney in Long Beach
Your Injuries Are Personal to Me
If your day on the water ended at the hospital and you want to hold the liable party accountable, turn to the Law Office of Michael D. Waks. Our tenacious team has secured numerous six- and seven-figure payouts for our valued clients. To schedule a free initial consultation with a boating accident lawyer in Long Beach, submit our Contact Form or call (562) 206-1939.