Will a Car Accident Attorney Handle a Boating Accident With Injuries?

You have sustained multiple injuries as the result of a boating accident. Rapidly mounting medical bills and costly boat repair receipts have put you in a deep financial hole. As you search for a personal injury attorney to help recover your financial losses, you discover that some car accident attorneys also practice personal injury law by representing clients involved in boating accident cases.

Will a car accident attorney handle a boating accident with injuries?

The question should not be “Will a car accident attorney handle a boating accident with injuries.” Instead, the question is “Is a car accident attorney qualified to represent me when filing a boating accident insurance claim, as well as a civil lawsuit that seeks monetary damages?”

Hiring a personal injury lawyer who specializes in handling boating accident cases is important for two reasons. First, your attorney must possess a deep understanding of the maritime and boat safety laws enacted by the state where you live. Each state enforces different maritime and boat safety laws. For example, although Texas and Florida share many of the same maritime and boat safety laws, each state has passed a few statutes that address different legal issues. Second, your attorney also must have in-depth knowledge of the type of boats that got involved in the boating accident.

You also should search for a personal injury lawyer who has compiled a proven record of success. Determine the success rate of filed insurance claims, as well as the number of favorable legal judgments that awarded compensation to clients. A car accident attorney who occasionally takes on a boating accident case is not a viable candidate to represent you when filing an insurance claim and/or a civil lawsuit that seeks monetary damages.

What Do Car Accident and Boating Accident Attorneys Share in Common?

Despite a few differences in knowledge requirements and case responsibilities, car accident and boating accident attorneys share several similar job duties.

Conduct a Thorough Investigation

Both car and boating accident attorneys conduct detailed investigations to determine the best course of action. Both types of cases require reading the official law enforcement agency report, which should include a description of what caused the accident. The most common causes of both car and boating accidents are distractions, reckless maneuvers, and operating under the influence of drugs and/or alcohol.

Both types of lawyers also gather physical evidence and interview witnesses.

Calculate a Fair Value for Compensation

Personal injury attorneys calculate a fair value for compensation by considering three types of compensation awarded for a civil case: Economic damages, non-economic damages, and punitive damages. Economic damages cover the costs associated with tangible expenses, such as medical bills and property repair receipts. Non-economic damages cover the costs associated with pain and suffering, which includes developing the symptoms of Post Traumatic Stress Disorder (PTSD). As a type of compensation that is not awarded to pay for a plaintiff’s expenses, punitive damages punish the defendant for committing one or more acts of negligence.

Prove Negligence

To prove another party committed at least one act of negligence for a boating accident, your attorney must prove the presence of four legal elements. Duty of care is a doctrine that holds all parties responsible for operating their boats safely. A breach of the duty of care doctrine represents one or more negligent acts committed by another party. Causation is an element that requires your personal injury lawyer to prove the boating accident caused your injuries. Finally, you have to prove you sustained financial losses as the result of the boating accident.