Offshore boats may have workers on board or simply passengers. The boats can be dangerous, however, if they are not properly set up and built. These issues can lead to an increased number of accidents and deaths
. If your family member or loved one has died in such an incident on an offshore boat
, it is important that you take appropriate legal action. For the best legal representation available, you can contact our law firm, the Downtown LA Law Group
. We have years of experience in aquatic and maritime accidents, and our lawyers will work tirelessly to secure you every dollar you need after a loved one has passed away in an incident.
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
No matter what the cause of the drowning incident
, you should pursue your rightful compensation. The untimely death of a loved one should not result in no restitution at all, and we are here to help you sue for an offshore boat drowning accident.
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
We will work around the clock to ensure that you are not left with any debts on behalf of your loved one’s passing and that the appropriate expenses are covered.
What is the statute of limitations to sue for an offshore boat drowning claim?
In California, the statute of limitations for a personal injury claim
or wrongful death lawsuit
is 2 years from the date of the injury. The 2-year limit is in effect to ensure that both parties will have ample time to gather their evidence and preserve it; the longer the evidence sits, the more likely it is that it will get corrupted or lost. If you do not file your claim within that 2-year window, you will be unable to collect any compensation in the future and will be left with no way to pay for your debts.
There are a few ways that the statute of limitations can be extended past the deadline, however. These are difficult to utilize in wrongful death claims, though. The most common that is used involves absent defendants. If the defendant has vacated the state or left the country, he cannot be served with the lawsuit. As a result, the statute of limitations will not count down until he returns. It will be suspended in the meantime, and you can continue to gather evidence.
We recommend filing a claim within a reasonable time and not waiting too long. Too many individuals fail to file their lawsuits when they should because they do not know that there is a statute of limitations or they have forgotten about it. If you speak with our attorneys, we will guarantee that your claim will be filed within an acceptable amount of time and will not run the chance of missing any deadlines.
Our Law Group’s Promise
The Downtown LA Law Group
promises to work around the clock to secure you a fair settlement if a loved one died in an offshore boat accident
. We will not stop until we are satisfied with the result. Our aggressive lawyers will negotiate a fair deal with the insurance agency and we will go to court if necessary.
For a free legal consultation, call our law firm at (888) 649-7166
today. We will discuss your case with you and tell you how much we believe it is worth. We will also ensure that no private information is shared elsewhere – all of our consultations are totally confidential.
If you want us to represent you and file a wrongful death claim on your behalf, we will give you our zero fee guarantee. This promise means that you won’t have to spend any money on your case at all, and we will only get paid if we win. If we lose, we take nothing.
For the best attorneys who can sue for an offshore boat drowning accident, get in touch
with the Downtown LA Law Group