What to Expect in a Boat Accident Claim

Most boat accident victims can expect a settlement. Over 95 percent of civil cases settle out of court. As outlined below, settlement is a process, not a result. Several kinds of victims may be eligible for a boat accident settlement. These victims include collision victims, onboard slip-and-fall victims, and “man overboard” drowning victims.

A good Carlsbad personal injury lawyer always takes a case with settlement in mind. Out-of-court settlements resolve cases faster, so victims get on with their lives sooner. Additionally, a settlement is a final resolution. A defendant could tie up a trial verdict in appeals courts for years, but a defendant that settles a case immediately writes a check. This check usually covers economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Case Evaluation

For a Carlsbad personal injury lawyer, the most successful outcomes are based on a very simple approach. Plan your work, and work your plan.

Planning your work means identifying the correct legal theory, usually ordinary negligence or negligence per se, upon which to build a case.

Ordinary negligence is basically a lack of care. Boat operators must focus on boat operation.  Most boat operators violate their duty of care the moment they pull away from the dock. Instead of focusing on boat operation, these individuals multitask as operators, party hosts, and your guides. Furthermore, most boat operators don’t bother with safety inspections. The deck might be wet or otherwise hazardous.

If a lack of care causes injury, a Carlsbad personal injury lawyer can obtain compensation, as outlined above.

Negligence per se is the violation of a safety law, such as a boat speed limit law. Most boat operators assume that cars and boats are similar. But cars have tires and brakes. Boats float. Therefore, a little excessive speed makes a boat almost impossible to control.

Working your plan means collecting evidence. Evidence in a negligence claim usually includes the police accident report, medical bills, and witness statements.

The Pretrial Process

Usually, a Carlsbad personal injury lawyer tries to settle a case before it goes to court. The cheap and fast way is usually the best way. If these settlement negotiations stall or break down, an attorney must file legal paperwork to jumpstart the process. This filing triggers two other events as well: procedural motions and discovery.

Insurance company lawyers hope that a judge will throw a case out of court based on a pretrial motion. These emotions are a bit like final exams. Students who do their homework usually do well on exams. Lawyers who properly collect evidence, as outlined above, usually defeat pretrial motions.

Discovery is an information exchange process. Both sides must put all their cards face-up on the table. Since insurance companies cannot hide critical evidence in the case, the best evidence usually surfaces during discovery. Better evidence means a higher settlement, at least in most cases.

Endgame

After the pretrial motion and discovery phases, settlement negotiations, which were on hold, usually resume again. If these later talks stall or break down, the judge usually appoints a mediator.

A third-party mediator ensures that both sides negotiate in good faith. Because both sides must diligently work toward settlement instead of saying “I’ll see you in court,” mediation is about 90 percent successful in California.

Count on a Detail-Oriented San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Carlsbad, contact the Pursley Law Firm. Virtual, home, and hospital visits are available.