How Large Are Boat Accident Settlements?

The size of a boat accident settlement, like all other personal injury settlements, usually begins with the medical bills in the case. The average cost of a three-day hospital stay exceeds $30,000. This total doesn’t include future medical expenses. Nor does it include other economic losses, such as lost wages. It certainly doesn’t include compensation for noneconomic losses, such as pain and suffering. More on these things below.

In addition to the numbers, the skill of a Carlsbad personal injury lawyer also affects the size of a boat accident settlement. Meaningful settlement negotiations usually begin once medical treatment is at least substantially complete. Then, a lawyer must properly calculate the matter’s settlement value. Finally, a Carlsbad personal injury lawyer must not relent until boat accident victims receive the compensation they need and deserve.

Boat Accident Injuries

As mentioned, the size of a boat accident settlement usually depends on the medical bills. The size of the medical bills depends on the kinds of injuries. Boat accident injuries are often catastrophic (life threatening). These injuries include:

• Head Injuries: The extreme motion of a boat accident often causes a head injury. This motion sends the brain slamming violently and repeatedly against the skull. Doctors can control the resulting bleeding and swelling, but they cannot “fix” brain injuries. Dead brain cells don’t regenerate.
• Broken Bones: When victims slip and fall on wet decks or during collisions, the resulting impact usually shatters their bones. Doctors must use metal parts to surgically reconstruct them. The more aggressive medical treatment significantly drives up the amount of medical bills in these cases.
• Hypoxia: These injuries are common in “man overboard” boat accident cases. A few minutes below the surface is usually fatal. At best, these victims lose most of their brain functions. Life preservers, which roughly four out of five boaters don’t use, prevent some, but not all, hypoxia injuries.

California has a very strict life jacket defense law. Non-use of a life jacket, seat belt, or motorcycle helmet is evidence of comparative fault in the Golden State.

The comparative fault law applies if both parties were partially responsible for an injury or accident. Jurors must divide fault on a percentage basis (50-50, 70-30, etc.) in these cases. Fortunately for victims, California is a pure comparative fault state. Even if the victim was 99 percent responsible for an injury or accident, the other party is still responsible for a proportionate share of damages.

Calculating the Settlement Value

We briefly discussed settlement value calculation above. Since this skill has such a strong bearing on the size of a boat accident settlement, we should break it down a little more.

Medical bills in a boat accident case, the foundation of the settlement value, are objective. They say what they say. Other elements of the settlement value are more subjective. For example, lost wages is really lost productivity, both past and future.

Noneconomic losses are even more subjective. To determine them, a Carlsbad personal injury lawyer usually multiplies the economic losses by two, three, or four, depending on the severity of the injuries and a few other factors. These factors include the strength of the plaintiff’s case, the strength of any defenses, and each party’s motivation to settle quickly (if any).

Furthermore, and perhaps most importantly, to obtain the largest possible boat accident settlement, a lawyer must have a bottom line and a ceiling. If these positions are inaccurate, the settlement will be delayed or the victim will literally leave money on the table.

Count on a Diligent 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.

Source:

healthcare.gov/why-coverage-is-important/protection-from-high-medical-costs/