Boating Accidents & Injury Attorney in Everett
Boating accidents can result in tragic, catastrophic injuries such as permanent brain damage, head injuries, neck injuries, spinal cord damage, back injuries, broken bones, sprains, strains, and internal injuries.
Your ability to recover compensation will be dictated by state boating laws, general maritime law, the unseaworthiness doctrine, or the Death on the High Seas Act. The body of water where the accident occurred will affect which law applies.
Under RCW 79A.60.030, a penalty applies if a boater operates a vessel in a negligent manner. Operating a boat negligently means that the boater operates the vessel without considering careful and prudent operation or the conditions existing on the water.
Conditions to which a boater should pay attention include the size of the body of water, effect of a vessel’s wake, the nature of the water traffic, and whether the boater’s view is unobstructed. A boating accident attorney can evaluate you case by investigating the circumstances of the accident.
Negligence
If you’re the victim of a recreational boating accident covered by state law, a lawyer can help establish negligence to recover damages. To prove negligence, you’ll need to show: (1) you were owed a duty of care, (2) breach of the duty of care, (3) causation, and (4) damages.
The duty of care can be breached by illegally operating a boat, reckless operation of a jet ski, speeding, operating a boat under the influence of drugs or alcohol or taking a sharp turn too swiftly in the water. If, for example, a boater under the influence of alcohol travels into an area reserved for swimmers and strikes you while you are swimming there, you may have a basis for recovering damages for the traumatic brain injury you sustained.
If liability for a boating accident in which you were injured is successfully established, you may be able to recover both economic and noneconomic losses arising out of the accident. These can include lost income, medical bills, mental anguish, pain and suffering, loss of enjoyment and loss of consortium. A boating accident attorney can review the injuries you sustained to determine the full amount and nature of the damages that should be sought in your case.
Wrongful Death
Boating accidents can result in fatalities. Under RCW 4.20.010, when someone’s death is caused by another’s wrongful act, neglect or default, his or her personal representative can maintain an action for damages against the person who caused the death. The purpose of the lawsuit is to recover economic and noneconomic losses sustained by beneficiaries of the decedent, such as a spouse and child. You can bring a civil wrongful death lawsuit even if the matter is also being prosecuted in criminal court.
Federal maritime law will apply to deaths on the high seas. Families and dependents of decedents who die due to negligence or unseaworthiness in a location more than three nautical miles from the shores of the United States may be able to recover damages under the Death on the High Seas Act.
If you or someone you know has been injured, we are here to help. Even if you think the facts of the case aren’t in your favor, having the best possible criminal representation can be the difference between jail time and probation, or having your record destroyed with an avoidable felony or misdemeanor conviction. At Snohomish Law Group, our criminal defense attorneys give you time and attention, to ensure you are treated fairly under the criminal justice system.
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“He is very knowledgeable in the DUI field and was able to guide me throughout the process. My case did go to trial as the public prosecutor was not giving any good negotiation. Scott analyzed the case and told me to take it to trial.”- Former Client
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“We appreciate his rapid responses to our questions, and the peace of mind knowing we had his experience on our side.”- Elizabeth
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“Not only did he win my trial, but his knowledge of the details and his negotiation skills were instrumental in achieving a successful outcome. He was able to navigate the complex legal system with ease and always had my best interests in mind.”- Former Client
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“As an experienced attorney, Scott worked diligently to present the facts of the case and ended up winning the case at trial. We would recommend Scott Lawrence, Attorney at Law, to anyone facing criminal charges.”- Former Client
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“I am incredibly grateful to Snohomish Law for their dedication and expertise in resolving my case. They were professional, compassionate, and kept me informed throughout the process.”- Justin K.
