If you suffered devastating injuries in a boating accident in Memphis, Tennessee, because of another party’s actions, you have legal options. You could compel the liable party to cover your damages through an insurance claim or lawsuit. However, this can be difficult to handle as you recover, which is why our firm offers to step in.
When you need legal guidance and support you can count on, you can reach out to a Memphis boating accident attorney at Cory Watson Attorneys. To learn more about what to expect from the boat accident claims process and our services, you can contact our office for a free consultation.
Liability for Boating Accidents in Memphis
Establishing liability following your Memphis boating accident will be one of your attorneys most important responsibilities. Proving another party’s negligence is essential if we hope to recover compensation for your damages. To prove liability, your attorney will need to show that the following four elements of negligence have been met:
- Duty of care
- Breach of duty
- Causation
- Damages
When a Boat Operator Is Responsible
An in-depth investigation into the cause of the accident will reveal who is responsible. Generally, boat accidents are most frequently caused by operator negligence. Some of the more common types of boat operator negligence include:
- Lack of experience
- Lack of supervision
- Boating under the influence of drugs or alcohol
- Hitting another boats week
- Failure to provide passengers with necessary safety equipment
- Colliding with a boat
- Colliding with an unseen object or submerged boat
- Hitting large waves
- Other boat operator errors
Other Parties Could Be Liable
Negligent boat operators are not the only party who can be found liable for boating accidents in Memphis. Some of the other parties who could share liability include:
- Boat manufacturers
- Boat part manufacturers
- Boat passengers
- The owner of the boat
- Boat dealerships
- Safety inspectors
- Government agencies
- Other third parties
How Tennessee Shared Fault Laws Work
When you have been involved in a boating accident, you may have concerns that sharing fault for the accident will bar you from recovering compensation. However, this is not the case. Tennessee follows a modified comparative negligence system. This means as long as your portion of liability does not exceed 50%, you can still receive compensation for the portion of liability that is not yours.
For example, if you were found 15% responsible for your injuries for failing to wear the necessary safety equipment, and the jury awarded you $100,000 for your damages, you would only receive $85,000 to account for your 15% of fault.
If you have questions surrounding how Tennessee’s shared fault laws could impact your Memphis boat accident injury settlement, you can contact our office to discuss your concerns in greater detail.
Memphis Boating Accident Deadlines
After your boating accident, the last thing on your mind may be pursuing legal action. However, it is important to act quickly. Tennessee has one of the strictest statutes of limitations for personal injury across the country under Tenn. Code Ann. § 28-3-104. Per this statute, you will only have one year to get your lawsuit filed before the deadline expires.
The date the statute of limitations will run out in your case depends on the date of your injury diagnosis and when the accident occurred. If you hope to avoid being barred from pursuing your case in the Memphis civil court system, make sure you contact an attorney soon after the accident so we can begin gathering the evidence needed to support your case.
Compensation for Boating Accident Victims in Memphis
Memphis boating accident victims have the right to seek compensation for every way their lives have been affected by their injuries or the accident itself. To ensure every loss is taken into consideration, your attorney will separate your damages into two categories: economic and non-economic damages.
Economic damages are monetarily based. They can be proven with pay stubs, receipts, bank statements, and other financial records. Some of the more common rewarded types of economic damages in Memphis boating accident claims include:
- Loss of income
- Lost future potential earnings
- Costs of increased insurance premiums
- Medical expenses and equipment fees
- Property damages
- Loss of household services
You also have the right to be compensated for non-economic damages. These do not have a fixed monetary value, and are more difficult to quantify. However, since they can have a considerable impact on your life, they should be taken into account accordingly. Some of the more common types of non-economic damages awarded in Memphis boating accident claims include:
- Diminished quality of life
- Physical pain and suffering
- Emotional distress
- Loss of consortium
- Reputational damage
- Skin scarring and disfigurement
You might also have the opportunity to recover punitive damages. These are only awarded in instances where the civil courts find the defendants actions to be grossly negligent or abhorrent in some way.
By imposing punitive damages, the courts are ordering the liable party to pay you beyond your compensatory damages as a form of additional punishment. The design of punitive damages aims to send a message to the public that actions of this nature will not be tolerated by the Memphis civil courts.
Types of Memphis Boating Accidents Our Firm Handles
Boating accidents in Memphis can take many forms. If you have been involved in any of the following types of boating accidents, you may have the right to financial compensation. Keep in mind that these are just a few of the more common types of boating accidents.
If you have been involved in a boating accident that was not listed below, be sure to contact our office to explore your legal options further:
- Yacht accidents
- Fishing boat accidents
- JetSki accidents
- Party boat accidents
- Commercial boating accidents
- Pontoon boat accidents
- Shrimping boat accidents
- Water skiing accidents
- Towing accidents
- Marina accidents
- Doc accidents
Contact a Memphis Boating Accident Attorney for Help Today
If your boat accident injuries have turned your life upside down and you are ready to bring the asphalt party to justice, make sure you have a trusted legal advocate on your side.
Get help from a dedicated Memphis boating accident attorney at Cory Watson Attorneys. Schedule your no-cost, risk-free consultation today when you call our office.
Memphis Office Location
254 Court Avenue, Suite 511Memphis, TN 38103