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Boating Accidents

Compassionate Injury Attorney Assisting Residents of Cape Cod

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.

Client Reviews

I first became aware of Attorney Moffa while I was a member of a jury on one of Attorney Moffa's cases. I was inspired by his demeanor and court room skills. So, when I was injured in an auto accident he was the first person I called. I am happy to recommend Attorney Moffa to any injured person who...


I was so angry after being attacked by a pit bull. Throughout my long recovery John and his entire firm not only gave me excellent legal service but provided me with the emotional and psychological support I needed to go through the legal process. In addition to being a good attorney John is...


Attorney Moffa and his team are highly knowledgeable and professional. They were extremely helpful and prompt in resolving my case. I would strongly recommend him to anyone in need of a personal injury attorney.

Vram V

I was struggling trying to deal with the insurance company. Even though the accident wasn't my fault they made me feel like I was the one was to blame. The best thing I did was call Attorney Moffa. Lisa and Carol were there for me throughout my claim. They made sure all my bills and lost wages were...


I can't say enough good things about Attorney Moffa and his staff. My original lawyer didn't think my case was worth pursuing. I was devastated because due to my fall I had fractured my leg and was unable to work. I went to Attorney Moffa who immediately hired experts to look at the steps where I...


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  2. 2 Home & Hospital Visits Available
  3. 3 Over 25 Years of Experience

Fill out the contact form or call us at 508-362-5554 or 800-446-4485 to schedule your free consultation.