Boating is a very popular pastime here in Kentucky. This pastime is especially popular during the summer months when thousands of boaters come out to ride. Yet, this hobby can be very dangerous. There are around 60 boating accidents annually in Kentucky. Some of these are fatal accidents. As a matter of fact, per the Kentucky Department of Fish and National Resources, Kentucky boating fatalities are on pace for a five-year high of 14 fatalities. Recently, in Kentucky, a young woman was involved in a fatal boating accident near the Flatwoods Boat Ramp in Corbin. On the date of the accident, Amber Johnson was on the boat with her sister and her father. A pontoon boat happened to spot the outcome of accident and immediately called for emergency attention and attempted to render aid during the wait. Upon the arrival the emergency team, Amber was pronounced dead at the scene. Her father and sister were flown to the University of Kentucky Chandler Hospital with life-threatening injuries.
If you or your loved one is injured from a boating accident, and it was at the fault of another individual, or defective product, you should hire an experienced personal injury attorney. The attorneys at the Roberts Law Office are here to help. We will be your guide and your advocate. We help you determine the worth of your case so that you don’t accept a lowball offer from the defendant’s insurance company. If your case should be litigated, we manage all aspects of the litigation process and make sure that your case is presented in the best way possible.
The Relevant Law
If a person (“Plaintiff”) is injured from a boating accident, and it was at the fault of another individual (“Defendant”), the Plaintiff may file a claim with Defendant’s insurance company. Boating accident claims are handled in a manner very similar to auto accident claims. The Plaintiff will want to document all expenses incurred from the accident, such as medical bills, therapy, boat repairs, lost wages, etcetera. These will be compiled into a demand packet and sent to Defendant’s insurance carrier’s claims adjuster for settlement negotiations. What is noteworthy is that these cases almost always settle before the case ever sees a courtroom. Nevertheless, a lawsuit may be filed in court if there is no settlement offer, or if the settlement offer is too low. The lawsuit, however, must be filed within two years from the accident date, or from the date of the last no-fault medical payment, per Kentucky’s statute of limitations. If you do not file within this three-year period, you are most likely barred from doing so.
If a lawsuit is filed, it will normally be brought on grounds of “negligence.” To prove negligence in Kentucky, Plaintiff must establish four key elements:
- That Defendant owed Plaintiff a duty of care;
- That Defendant breached said duty of care;
- That said breach was the cause in fact of Plaintiff’s injury;
- That said breach was the proximate cause of Plaintiff’s injury; and
- That Plaintiff suffered injury or damages.
Hire an Attorney for your Case
If you or your loved one is injured from a boating accident, at the fault of another, you should hire an attorney for your case. This will boost your chances of receiving adequate compensation for your loss or damages. The personal injury attorneys at Roberts Law Office are here to help. We are Kentucky attorneys and we offer FREE consultations. You will not owe us anything unless we recover money on your case. We encourage you to give us a call or submit a form on our contact page.