Boating is a popular pastime in Coeur d’Alene. The nearby waters of Lake Coeur d’Alene and the Spokane River provide boaters with an opportunity to relax and enjoy the outdoors. There are serious risks associated with boating, and an accident on the water could have devastating consequences.
If you suffered an injury on the water, a skilled attorney could help you pursue fair compensation. A Coeur d’Alene boat accident lawyer could help you gather and preserve the necessary evidence to hold a negligent watercraft operator accountable.
In order to obtain monetary compensation following a boat accident, you must establish that the individual responsible for the incident was negligent. There are countless actions that could occur on the water that qualify as negligence, including steering too close to the shore or boating while intoxicated. There are four elements of negligence that you and your Coeur d’Alene lawyer must prove to establish boater negligence in an accident claim.
A watercraft accident case must start with a duty of care. This is because financial compensation is only available in a personal injury case if the defendant owed the plaintiff a duty. In these cases, boaters owe the people they share the water with a duty to operate their vessel safely.
Once the duty is established, the next step is to show the defendant failed to adhere to that duty and did not exercise reasonable care. In a boat accident case, this could involve a variety of factors, including boating while intoxicated or following too closely in the wake of another vessel.
There must also be a causal link between the plaintiff’s injuries and the defendant’s breached duty of care. This is because the defendant is not responsible for any injuries that were unrelated to the water vessel accident.
The final step of proving negligence in a boat crash case involves your damages. You must establish that you have suffered measurable damages in order to recover compensation. Some examples could include medical expenses, lost wages, or emotional distress.
There is a strict deadline that applies to every personal injury lawsuit in Idaho. This deadline is governed by a legal doctrine known as the statute of limitations. According to state law, you only have two years to file a lawsuit. This two-year window begins to run on the date of the boat accident.
If you file your boat wreck claim after this deadline expires, the court is likely to dismiss the case with prejudice. A dismissal with prejudice means that you may not file the case again in the future. A Coeur d’Alene attorney could help you avoid these consequences by filing your boat accident case on time.
If you are living with the consequences of a boat wreck, you could be entitled to a monetary award from the person responsible for the incident. Holding that individual accountable could be possible with the help of an attorney.
Let a Coeur d’Alene boat accident lawyer help you pursue the financial compensation you need. Reach out today to get started.
Owens, McCrea & Linscott, PLLC