Taking the boat out for a spin on a gorgeous Saturday afternoon down Lake Mohave is supposed to be a fun way for you to spend the day with your family or friends. However, things can quickly take a turn if you collide with another boat, your boat breaks down, or one of your passengers is seriously injured.
There are many different ways accidents and injuries can occur, and identifying the liable party should be one of your top priorities if you are the one who suffered a catastrophic injury.
While you recuperate, turn to a high-powered Laughlin boat accident lawyer from H&P Law with 60+ years of trial experience. You are going to need a reputable Laughlin personal injury lawyer on your side to help you navigate the claims process and build the strongest case possible against the at-fault party.
Find out more about who could be sued for your damages and what your boat accident lawsuit and insurance claims could be worth when you contact our law office to schedule a free consultation.
Liability for Boating Accidents in Laughlin
Your Laughlin catastrophic injury lawyer will need to determine who is responsible for causing the boating accident. We will need to conduct a careful investigation to ensure all liable parties are brought to justice. Some of the individuals and entities most frequently named in accident lawsuits and insurance claims include:
- Reckless boat operators
- Boaters operating their vessel under the influence
- Boat passengers
- The owner of the boat
- Boat manufacturers
If the person who caused your accident is under 21 and they were served alcohol, you may even have grounds for a dram shop liability lawsuit.
Under Nev. Rev. Stat. §41.1305, if an establishment that serves or sells alcohol does so to someone underage, and that party goes on to cause a boating accident, the dram shop could share liability for your damages. We will have a better idea of who should be sued or have an insurance claim filed against them once we have all the evidence.
Laughlin Boat Accident FAQ
Will Punitive Damages Be Included in My Settlement?
Punitive damages could be included in your boat accident settlement, depending on how the accident occurred. Punitive damages are not a type of compensatory relief, which means you are not entitled to them as part of your payout. Instead, according to Nev. Rev. Stat. §42.005, punitive damages should only be issued if the defendant acted with “malice, oppression, or fraud.”
For instance, if the owner of the boat failed to make necessary safety repairs, this may not amount to malice, oppression, or fraud. However, if the boat driver was boating under the influence and had a history of doing so, this could warrant a punitive damages award.
Your Laughlin boat accident attorney will carefully review the specific details of your case to determine if punitive relief is warranted.
How Much Longer do I Have to File a Boat Accident Lawsuit?
You have a limited amount of time to file your boat accident lawsuit. According to Nev. Rev. Stat. §11.190(4), the statute of limitations for boat accident lawsuits and personal injury claims is typically two years from the accident date. If you miss this deadline, you can expect the court system to refuse to try your case.
It should be noted that there are limited situations in which you could have additional time to file your lawsuit. Maybe the liable party leaves the state, your child under the age of 18 is injured, or you were not diagnosed until a later date.
In these situations, the statute of limitations could temporarily pause, also commonly referred to as “tolling the statute of limitations.”
What do I Do if I Cannot Afford to Hire a Laughlin Boat Accident Attorney?
If you choose to work with a boat accident attorney in Laughlin from H&P Law, you can afford to hire a legal representative. This is because we never charge any upfront costs. We never expect injury victims to pay for court filing fees, the cost of hiring expert witnesses, or other expenses that are necessary for pursuing their claims.
Instead, we work for you on contingency. Following Rule 1.5 – Fees, Nev. R. Prof. Cond. 1.5, working on contingency makes it possible for you to hire a boat accident lawyer in Laughlin, as we only get paid directly out of whatever you recover if we win. If we lose, you will not see a single legal bill.
Will Sharing Liability Have an Impact on My Claim?
Absolutely. Nevada does not prohibit injury victims from receiving a settlement if they share fault, but your settlement will be affected. The extent of this impact will depend on how much fault you carry.
There is a 50% bar threshold since Nevada follows modified comparative negligence laws under Nev. Rev. Stat. §41.141. If you are less than 50% at fault, your portion of the blame will be deducted from your boat accident settlement. If you are more than 50% liable, you will be barred from receiving a settlement.
What Are the Grounds for a Boat Accident Lawsuit?
The grounds for a boat accident lawsuit are based on negligence. If someone else is or could be responsible for your damages, they should be ordered to compensate you for the total value of your damages. Additionally, your life must have also been significantly affected by either the accident or the injuries you sustained.
Trust in a Powerful Boat Accident Lawyer in Laughlin
When you have suffered debilitating injuries that have turned your world upside down, you may be hesitant to take legal action. After everything you have been through, the thought of a lengthy trial or stressful negotiations with the insurance company may feel intimidating.
Remember, you do not have to go through this alone when you have a compassionate and highly experienced boat accident attorney in Laughlin from H&P Law advocating for your rights.
In the aftermath of your injuries, you should be able to heal, focus on your family, and figure out how to live your life as normally as possible despite any permanent disability you may be experiencing.
Let us handle the legalities so you can start to put the accident behind you. Start working on your insurance and civil claims as soon as today when you fill out our quick contact form or call our office to schedule your free boating accident consultation as soon as today.
