Can I Sue?
A watercraft accident is a traumatic experience for anyone to go through, whether you are the most hardened sailor or the novice jet skier. Many watercraft accidents result in injuries that require weeks and even months of recovery time, meaning weeks without the ability to work and weeks of medical bills. As the victim of a watercraft accident, you should not be liable for these expenses, and should be able to initiate a claim for injuries resulting from the accident.
Can I Sue?
After a watercraft accident, it is important to consult an experienced watercraft attorney who can analyze the facts of your case and best advise you on a course of action. Insurance agents from the responsible party (whether this be a person or a corporate entity) will fast approach you, even while in the hospital to try to persuade you to sign a settlement offer. At this point, you should carefully examine the facts of the watercraft accident with your attorney. There are several theories of recovery for watercraft accidents, depending on the nature of the accident and the facts surrounding the accident.
Many accidents are the result of the negligence of the watercraft driver. In these cases, a lawsuit can be brought against the driver themselves for the amount of damages resulting from your injuries, including medical expenses and lost wages. Damages can additionally include outside amounts, such as pain and suffering, or loss of consortium on behalf of your spouse.
Claims can additionally be brought against a corporate entity for any defective products which were sold. For example, if the watercraft accident was the result of a defect in the watercraft, the manufacturer should be held liable for all damages caused by the product. Defective products can occur at both the manufacturing and marketing level. Manufacturing defects are often related to the manufacture of the product itself and the design of the product. Marketing defects are instead the result of the lack of proper safety warnings on products or improper advice on the product. It is important to track down the correct entity that is responsible for your injuries since there are often several manufacturers of various parts, as well as a general manufacturer that pieces all parts together. In some instances, the different entities may be held jointly liable for the resulting injuries.
Either type of defect leads to theories of recovery against the manufacturer or retailer, and therefore it is important to consult with an experienced watercraft accident attorney to determine the true amount of recovery you are entitled to.
Malley Law Firm | Houston Watercraft Accident Attorney
If you have been injured in a watercraft accident, do not hesitate to contact experienced watercraft attorney Tony Malley. Tony Malley has years of experience in assisting clients in their watercraft injury claims and can best advise you on determining whether you should bring a lawsuit after your accident. Contact our Texas offices today for your initial free consultation.