Boating in the waters off Hawaii can be fun and relaxing. But it can also be dangerous. In fact, some statistics show that more than 2,000 injuries and 500 deaths occur in 2023 alone across the U.S. And the damage that’s caused by these wrecks can be extensive. While you’ll suffer property damage in a boat crash, there’s also a good chance that you’ll be dealt serious injuries that negatively impact nearly every aspect of your life, including your ability to engage in the activities that you love and your ability to work. You’ll also incur significant medical expenses, lose wages and experience mental turmoil.
A personal injury lawsuit could help, but you have to know how to maximize your chances of recovering the compensation that you need. That’s why in this post we want to look at some key aspects of building your boating-related personal injury case, that way you’ll know how to pursue your case with confidence.
What you need to know about building a strong boating personal injury case
On its face, building a personal injury case might seem straightforward. But in reality, there are a lot of tricky issues that you might have to address in your case. Therefore, as you navigate your claim, you should keep the following in mind and work to diligently address each of these issues:
- Negligence: You’ll only be able to impose liability and recover compensation if you can show that the defendant acted negligently. This can include that the other boater was speeding at the time of the accident, that the other boater was intoxicated at the time of the wreck or that the defendant was simply distracted and inattentive when they crashed into you. Make sure you have powerful evidence here to build the foundation of your claim.
- The parties responsible: While the driver of the other boat might be the primary target of your claim, there may be other parties that you can loop into your case. By including all parties, you can increase your chances of recovering the full extent of your damages. So, think about whether you can sue not just the other boater, but also the boat’s owner, the boat rental company or even the boat’s manufacturer.
- Weaknesses in your case: As you proceed with your personal injury case, there’s a strong possibility that you’ll be confronted by aggressive defense arguments. Amongst them may be comparative fault. In Hawaii, if you contributed to the accident in question, then the amount of your compensatory recovery will be reduced by the amount of fault that’s allocated to you. If you’re found to be more at fault than the defendant, then you’ll be denied compensation altogether. Therefore, it’s imperative that you assess the facts of your case to identify any weaknesses, anticipate the defense’s arguments and build effective counterarguments.
Don’t miss out on an opportunity to recover the damages you deserve
The thought of entering the legal arena can be tough, especially when you’re trying to deal with the daily challenges of your recovery. While the process of filing and pursuing a personal injury lawsuit can be difficult, it doesn’t have to be. By educating yourself and surrounding yourself with any support that you may need, you can rest assured that you’re making the legal arguments that are best targeted at protecting your interests. If you have lingering questions about the best way to pursue your boat accident personal injury claim, then now is the time to act to secure the answers you seek.