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Common Boating Injuries to Sue for in Louisiana

The injuries that victims sustain in non-fatal boating accidents can often be life-threatening and catastrophic. However, suffering a critical injury does not necessarily determine whether you have the right to hold the liable party accountable.

If your injuries have significantly impacted your life, and someone else is responsible for causing your accident, you have the right to hold them accountable. Injuries you can suffer in a Lake Charles boating accident lawsuit include:

  • Broken bones
  • Organ failure
  • Compound fractures
  • Lacerations leading to sepsis
  • Contusions and abrasions
  • Emotional injuries
  • Post-traumatic stress disorder (PTSD)
  • Loss of limbs
  • Facial injuries
  • Anxiety and depression
  • Internal bleeding
  • Traumatic brain injuries
  • Spinal cord injuries
  • Concussions
  • Paralysis
  • Whiplash
  • Soft tissue injuries
  • Third-degree burns

The best way to find out whether you have grounds for a case is by contacting a boat accident attorney in Lake Charles, LA, for legal guidance and learn about legal actions you can take.

How Common Are Boating Crashes in Lake Charles, LA?

Louisiana has a strong history of commercial and recreational boating, and recreational boating continues to be a popular pastime. Data from the U.S. Coast Guard (USCG) show that as of 2022, more than 300,582 recreational boats were registered in the state.

Unfortunately, sometimes a boat outing can turn into a tragedy. And boat accidents are far more common than you might think.

The USCG reported 4,040 recreational boating accidents in Louisiana in 2022. Out of these accidents, there were 636 deaths.

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Negligence and Liability in Boating Incidents

When another person’s careless or reckless behavior is responsible for causing a boating accident, you could file a personal injury lawsuit. These lawsuits are usually based on the legal theory of negligence.

Negligence is when a person owes a duty of care to another and breaches that duty in a way that causes harm. An offshore accident lawyer can help you determine whether or not your injuries were caused by another party’s negligence.

Some examples of negligence on the water could include:

  • Colliding with another vessel
  • Colliding with a fixed object or grounding
  • An operator driving the vessel at an excessive speed
  • Operating while intoxicated

Your lawyer can collect evidence of the responsible party’s liability, such as accident reports, eyewitness testimony, and personal statements.

This evidence may include the results of post-accident drug testing required after certain boating accidents. Louisiana Revised Statutes (RS) §32:681 states that if a boating accident results in a fatality or suspected serious injury, the operator of the boat may be administered chemical tests of their blood, urine, or other bodily fluids to determine the presence of any abused substances or controlled dangerous substance. Boat owners or operators may also be responsible for injuries if they fail to have the necessary safety equipment onboard or follow other state and federal safety rules.

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Boating Crashes at Work

Many people in Louisiana have a job that requires them to be on a boat or the water. When a person is hurt at work while on land, they generally do not file a personal injury lawsuit against their employer. Instead, they use the workers’ compensation system to recover money for their damages. On the water, the rules are different. Most seamen injured while performing their jobs cannot file a workers’ compensation claim against their employers under either Louisiana or federal law. Instead, they usually must sue their employer under maritime law and the federal Jones Act.

Jones Act claims also operate under the theory of negligence. To file a Jones Act case, the worker must prove that their employer did not provide a reasonably safe work environment, failed to use ordinary care to maintain the vessel, or operated the ship in an unsafe condition. Injured seamen and their Lake Charles, LA, maritime injury lawyers can file a lawsuit against their employer in either state or federal court. Still, they must do so within three years of their accident or injury.

Statute of Limitations for Boating Collisions in Louisiana

If you are considering insurance or civil claims against the liable party following your Lake Charles boating accident, it is important to file your claim before the Louisiana statute of limitations expires. Per CC 3493.1, injury victims generally only have two years to file their claim. Your deadline could be different depending on your case. Some factors that could impact the date the statute of limitations runs out include when you were diagnosed with your injuries and when the accident occurred.

If you attempt to file your lawsuit once the statute of limitations has passed, the defense will file a motion to dismiss your case. Unfortunately, the judge will likely have no option but to grant their request. Fortunately, with a legal advocate, you can focus on recovering compensation for your injuries from negligent parties, such as the boat operator. At the same time, we handle your case’s procedural and legal details.

What to Expect From the Boating Crash Claims Process

The boating accident claims process in Lake Charles can be overwhelming. While you are still healing from your injuries, the last thing you want to be thinking about is bringing your case to court. However, if you understand the claims process better, you may feel more at ease with your decision to bring the liable party to justice.

Here is an idea of what you can expect from the Lake Charles boating accident claims process after you hire a boat accident lawyer in Lake Charles, LA. We will:

  • Answer your questions and give you legal advice.
  • Begin investigating the cause of your boating accident.
  • Obtain the evidence needed to prove negligence and liability.
  • Collect evidence to support the value of your damages, such as medical records, receipts, and bills for related expenses.
  • Prepare to file claims with the insurance company.
  • Begin negotiations with the insurance adjuster.
  • Prepare to bring your case to court if necessary.
  • Advocate for total compensation before the judge.

Every boating accident case is different, but after you review the details of your case with your boat accident attorney in Lake Charles, LA, you will have a better idea of what the claims process will look like for your case and how much you could expect to be awarded if you win.

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Her dedication and attention to detail were clear throughout, and it was evident she genuinely cared about achieving the best possible outcome. Thanks to Erica’s hard work and expertise, my case went smoothly and successfully.
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Damages After a Boating Injury

Plaintiffs in a personal injury case could recover several types of damages. An injured person might recover compensation for:

Current and future medical bills

  • Lost earnings
  • Reduced earning capability
  • Property damage
  • Pain and suffering
  • Mental anguish
  • Repair or replacement expenses

If you lost a loved one in a boating accident, the potentially recoverable damages in your personal injury case might include:

  • Funeral costs
  • Pre-death medical expenses
  • Loss of companionship
  • Loss of guidance

Injured workers who file Jones Act claims are eligible to receive the same damages as in any other personal injury case. In some circumstances, they may recover even more through the Jones Act if they are awarded interest on their damages. You can discuss these damages with a compassionate Lake Charles wrongful death attorney.

Yes, You Can Afford to Hire a Lake Charles Boating Accident Lawyer To Handle Your Injury Claim

Before you try to handle your boating accident injury claim on your own out of fear of the expense of hiring an attorney, it might help to know how we handle the legal fees in these cases. A boating accident injury claim or a lawsuit is a personal injury case. We handle personal injury cases on a contingency fee basis.

A contingency fee means that you do not pay any upfront legal fees. We work on your entire injury claim or lawsuit without any payment during the case.

Only at the end of the matter do we receive payment of our legal fees as a portion of the insurance proceeds or jury award. We do not get paid until you win.

Pitfalls That Could Cost You Money in Your Injury Case

The monetary value of your boating accident injury claim is not set in stone at the time of the accident. Things could impact how much money you can recover for your losses. Here are some situations you want to avoid after getting hurt in a boating accident:

Giving a Recorded Statement

Claims adjusters often ask injured people to give a recorded statement. The adjuster asks you questions and records your responses, which are transcribed later.
A recorded statement does not benefit you. If anything, it gives the at-fault party’s insurer material they can cherry-pick to present a version of the facts that might not be in your favor.

If you get asked to provide a request statement, you can simply reply that the individual should talk to your boat accident lawyer in Lake Charles, LA. Your boating accident attorney can provide all the information that the defendant needs. Also, when a lawyer represents you, the other side cannot contact you directly.

Accepting a Low-Ball Settlement Offer

Sometimes people do not realize that injury claim settlements are negotiable. You are not required to accept the negligent party’s insurance company’s first offer.
No matter what they might say to the contrary, the insurer does not offer its maximum settlement authority amount on the first offer. They always leave room to negotiate.

Do not try to handle your injury claim without a lawyer. You most likely do not have access to the jury verdict databases that lawyers and insurance companies use to determine the settlement value of a claim. Most people who try to settle their injury claims alone find out later that they should have received much more money.

Talking About Your Accident on Social Media

When you have a pending injury claim or personal injury lawsuit, the defendant can usually get access to your social media accounts. No matter your privacy settings, you should expect that the liability insurer will be able to find the photographs and comments you post.

Taking a break from social media is best until your claim gets resolved. You might also want to ask your friends and family not to post anything about the accident or your injuries.

Contact a Lake Charles Boat Accident Attorney Today

Proving liability in a maritime or recreational boat accident can be complicated and often requires the help of an attorney.

If you were injured on or by a vessel, schedule a free case consultation with a Lake Charles, LA, boat accident attorney at Laborde Earles by contacting us today.

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