How do offshore boat drowning accidents happen?It is possible that an offshore boat drowning accident can occur even if nobody was negligent. A simple slip and fall, for example, can lead to someone falling off the side of a boat and hitting his head, rendering him unconscious and unable to swim. He may have been alone or not near other people, which could lead to no one thinking to search for him. These types of accidents are not uncommon. However, there are other ways that the incidents can occur, some of which are based on the negligence of others. In order to sue, you must show that there was a defect on the boat or a hazard of some kind. This hazard must either have been caused by the owner or the company, been present with no attempts to fix it, or not been known about but reasonably should have been. It can be hard to prove any of these points by yourself, which is why we stress hiring an attorney for your claim. Other causes of drowning incidents on offshore boats include:
- Inebriation, which may happen after having too many drinks or substances, leading to loss of balance and coordination, poor motor sills, lowered inhibitions, and more
- Weather and storms, which could cause the boat to rock or even capsize; it is important that the boat be properly designed to ensure that this does not happen
- Raised steps, broken ladders, holes in the floor, and more, which can cause people on the boat to get caught or snagged or simply fall.
- Lack of safety features on the boat, such as no life jackets, no buoys, no harnesses, no railings, and more
- No proper lifeguards or safety personnel who are on duty or on call to act in the times of crisis
- No proper safety instructions if the work involved is dangerous or precarious
How can I file a lawsuit if someone drowned in an offshore boat accident?To file a lawsuit for a wrongful death claim if a loved one died in an offshore boating accident, you should have appropriate evidence. Of course, this will be extremely to get if you were not present, and the crew may deliberately withhold evidence to protect the ship or the business. It would not be surprising if much of your potential evidence is simply unavailable. You can try to request surveillance footage or security camera videos if they were on the ship and recorded the incident. It may be hard to do so, though, for a number of reasons. For one, the cameras may have been off at the time, and two, the incident may have occurred at night. There may also be the question of quality, which could render the videos unusable. If you have the ability to inspect the boat, you should do so. You should be on the lookout and hunt for any potential hazards, risks, defects, or other problems that could have contributed to the incident. Be sure to take photos or record your own videos if you locate any such issues. Perhaps the most important piece of evidence that you can acquire is the eyewitness testimonies and statements from other individuals who were onboard the ship or boat. They can provide you with the necessary proof you need if they saw the incident happen or if they were aware of the potential troubles on the boat. The problem, though, is that they may be risking their jobs in telling you such information. You should then file an incident report with the company that the boat was sailing under so that there is a record of the occurrence. If the Coast Guard was called in, you can ask them for a copy of the report of the incident after it was filed. Finally, it is important that you reach out to a lawyer who can help you sue for an offshore boating accident. You may not have any legal experience at all and you might not know the first step that you should take. Our attorneys have years of experience, on the other hand, and we will be able to handle your claim for you from start to finish.
What can I win in an offshore boat drowning lawsuit?In the event that a family member or loved one passed away while out to sea on an offshore boat, you could receive fair compensation from the responsible party in a lawsuit. We will fight for every bit of compensation you own, and we won’t give up until we are satisfied that the damages are paid for. We know that no amount of money or assistance can help alleviate the grief, and nothing will bring the individual back. We will fight alongside you and secure you the following for a wrongful death lawsuit:
- Pre-death pain and suffering costs for anxiety, fear, and mental trauma that stemmed from the incident
- Pre-death medical bills if the individual were taken by air ambulance to a hospital or elsewhere
- Loss of consortium and relations if your partner passed away
- Loss of expected inheritance and savings if it were a parent who die
- Loss of income from a partner that helped you live your life and maintain your home
- Funeral and burial costs to pay for the casket, entombment, cremation, wake, and more