Living in a coastal state like Massachusetts offers wonderful opportunities to enjoy the waterways and scenery. Many residents and vacationers who come to Cape Cod use boats to enhance their experience of the recreational splendors available throughout the region. With this relaxing activity, however, come many dangers and unfortunate incidents in which boating passengers may suffer serious harm. Like motor vehicles, boats are subject to a bevy of laws and regulations. Anyone who acts carelessly when operating a boat may be held liable for the damages that their negligence causes. Knowledgeable injury lawyer John S. Moffa has represented boating accident victims on Cape Cod for over 25 years. He can help you pursue the compensation you deserve.Seek Compensation Through a Negligence Claim
If you have been hurt in a boating accident in Massachusetts, you can potentially recover compensation by proving that the responsible party was negligent. A negligence claim is the usual type of personal injury action, which requires the victim to prove four separate elements: duty, breach, causation, and damages. The first step requires the plaintiff to show the level of care that the defendant owed to the plaintiff. Out on the water, boat operators owe each other the same ordinary care and skill that the ordinary, reasonable boat operator would use in a similar situation. For example, they need to take into account the weather and water conditions during the time of the accident. If the water was choppy or a storm had hit, the standard of care would consider how a reasonably prudent boat operator would operate his or her boat in these dangerous conditions.
The second step of a negligence claim requires the plaintiff to demonstrate that the defendant failed to act in accordance with the required level of care. This is referred to as a breach. After proving that the defendant owed you a duty of care and that the defendant breached that duty, you must prove that the defendant’s breach was the direct cause of your injuries. It also must have been a reasonably foreseeable result of the defendant’s carelessness.
After establishing the causation element, the plaintiff can provide evidence of the economic and non-economic damages that he or she has sustained. Damages must be reasonably quantifiable and not too speculative. They often range from hospital bills and the costs of future treatment to pain and suffering and emotional distress. If the plaintiff was prevented from working due to his or her injuries, he or she may also seek compensation for the resulting reduction in income. Some injuries are so severe that the victim is prevented from returning to his or her usual occupation. In this situation, the defendant may be liable for the victim’s loss of future earning capacity.Consult a Cape Cod Lawyer to Assert Your Rights After a Boating Accident
Being hurt in a boating accident can be a sudden and terrible experience. If you or someone you know was injured during a boating collision on the waterways around Cape Cod, you can consult Attorney John S. Moffa. He also can assist car accident victims and other people who have been harmed by the carelessness of others. The dedicated professionals at the Law Offices of John S. Moffa have helped many individuals in communities such as Hyannis, Falmouth, Plymouth, New Bedford, and Orleans. Call us at 800-446-4485 or contact us online to set up a free consultation today.