Fatalities Caused by Boating Accidents
As a coastal state, Massachusetts offers many opportunities to enjoy activities like boating. Although these activities can be enjoyed in a safe and responsible manner, some people fail to use adequate care on the water and put everyone around them in serious danger. When a boat operator fails to pay attention or to follow the rules, serious injuries can result, or even fatalities. There is nothing more tragic than losing a loved one in a sudden and preventable boating accident. Although there is no amount of money that could truly compensate your family for a fatality caused by a boating accident, Massachusetts law allows the personal representative of the decedent’s estate to bring a wrongful death claim against the party that caused the fatal accident to occur. At Breakstone, White & Gluck, our Boston wrongful death lawyers have assisted numerous families throughout Massachusetts with exploring their legal rights following a fatal boating accident. Let us help you ensure that you receive the full amount of compensation that you deserve for your damages and suffering.Establishing Liability for Fatalities Caused by Boating Accidents
According to Massachusetts law, the personal representative is typically a person who is named in the decedent’s estate plan and who is responsible for carrying out the decedent’s wishes at the time of his or her death. When a person dies as a result of a boating accident or other accident, the executor can file a wrongful death claim on his or her behalf. Any damages that the personal representative recoups in the case are first paid to the decedent’s estate.
In the lawsuit, the personal representative and their attorney must prove that the decedent died as a result of another person’s negligence. When it comes to boating, Massachusetts laws require people to operate their vessels with reasonable care and skill, similar to how a prudent boat operator would behave when facing a similar situation. This includes obeying all boating laws and requirements, as well as driving in an attentive and safe manner. Many boat accidents result from intoxicated boat operation or distracted boating. Other fatal boating accidents happen when an operator does not have sufficient experience to navigate a vessel.
If the water conditions become challenging, or if the boat is not loaded appropriately, it can capsize or become too difficult for an inexperienced captain to maneuver. This places everyone on the vessel and in close proximity in serious danger. It is not uncommon for passengers to be thrown from vessels during rough seas or when the boat collides with another vessel or a fixed object. A capable boat accident lawyer can help you gather the evidence necessary to prove that the defendant’s lack of care caused the untimely loss of your loved one.
There are many categories of damages that can be recovered in a wrongful death lawsuit. The first category includes any medical expenses that the decedent incurred as a result of the accident, such as ambulance fees or hospital bills. These funds will be repaid to the decedent’s estate. Funeral and burial expenses can also be recovered. In addition, Massachusetts law allows certain surviving relatives to seek compensation for the value of the decedent’s income that he or she would have been reasonably expected to earn. Other forms of damages are also available to people who must now face a lifetime without their loved one’s companionship, guidance, comfort, and support. Our boating accident lawyers can help ensure that you receive the full amount of compensation that your family deserves.Speak with a Dedicated Boating Accident Lawyer in Boston
Understanding your rights and pursuing a wrongful death lawsuit following a fatality caused by a boating accident can be difficult. At Breakstone, White & Gluck, we will stand by you throughout the entire legal process, from gathering evidence to negotiating with insurance companies. We have counseled people in the areas around Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, Attleboro, Barnstable, Brockton, Plymouth, Worcester, Lawrence, and Springfield. To schedule your free consultation, call us at 1-800-379-1244 or contact us online. We also represent families affected by other fatal accidents, such as car accidents and motorcycle accidents.