Types of Damages Available in Boating Accident Lawsuits
When a person is involved in a boating accident, they may suffer various types of damages, including economic and non-economic damages. Economic damages are those that have a specific monetary value and can be easily calculated. Non-economic damages, on the other hand, are those that do not have a specific monetary value and can be more difficult to calculate. In this article, we will discuss economic and non-economic damages in more detail, including examples of each.
Economic damages refer to the monetary losses a person suffers as a result of a boating accident. Economic damages can include:
- Medical Expenses
Medical expenses are one of the most significant economic damages that can result from a boating accident. Medical expenses can include costs related to ambulance transportation, hospitalization, emergency room visits, diagnostic tests, surgeries, medication, rehabilitation, and physical therapy.
- Lost Income and Earning Capacity
When a person is injured in a boating accident, they may be unable to work and earn a living. In addition to compensation for lost wages, an injured person may also be entitled to compensation for loss of earning capacity, which refers to the ability to earn income in the future.
- Property Damage
Boating accidents can result in significant property damage, including damage to boats, vehicles, and other personal property. The cost of repairing or replacing damaged property can be substantial and may be included as part of economic damages.
- Travel Expenses
If a person needs to travel for medical treatment or rehabilitation as a result of a boating accident, they may be entitled to compensation for travel expenses. This can include transportation costs, lodging expenses, and meals.
Non-economic damages refer to damages that do not have a specific monetary value and can be more difficult to calculate. Non-economic damages can include:
- Pain and Suffering
Pain and suffering refers to the physical and emotional pain and distress that a person experiences as a result of a boating accident. This can include chronic pain, emotional distress, anxiety, depression, and loss of enjoyment of life.
- Loss of Consortium
If a person is injured in a boating accident, their spouse or partner may be entitled to compensation for loss of consortium. This refers to the loss of companionship, affection, and support that the injured person’s spouse or partner may experience as a result of the accident.
- Disfigurement and Scarring
Boating accidents can result in disfigurement and scarring, which can have a significant impact on a person’s life. Compensation for disfigurement and scarring may be included as part of non-economic damages.
- Loss of Enjoyment of Life
When a person is injured in a boating accident, they may no longer be able to participate in activities they previously enjoyed, such as sports, hobbies, or spending time with family and friends. Compensation for loss of enjoyment of life may be included as part of non-economic damages.
Limitations on Damages in Boating Accident Lawsuits
When a person is involved in a boating accident, they may suffer physical injuries, emotional distress, and financial losses. If the accident was caused by the negligence of another party, the injured person may be entitled to recover damages in a personal injury lawsuit. However, there are limitations on damages that can be recovered in boating accident lawsuits. In this article, we will discuss some of the limitations on damages in boating accident lawsuits.
- Statutory Limits
Many states have statutory limits on damages that can be recovered in personal injury lawsuits, including boating accident lawsuits. These limits can vary from state to state and may apply to certain types of damages, such as noneconomic damages. For example, some states have a cap on the amount of damages that can be awarded for pain and suffering in personal injury lawsuits. If the damages awarded exceed the statutory limits, they may be reduced to comply with the law.
- Contributory Negligence
Contributory negligence is a legal doctrine that can limit the amount of damages that can be recovered in boating accident lawsuits. Under contributory negligence, if the victim was even partially at fault for the accident, they may not be able to recover any damages. This doctrine is only followed in a few states, however, as most states have adopted comparative negligence, which allows the victim to recover damages even if they were partially at fault for the accident.
- Insurance Coverage
Insurance coverage can also limit the amount of damages that can be recovered in boating accident lawsuits. If the other party involved in the accident has insurance coverage that is sufficient to cover the damages awarded, the victim may be able to recover the full amount of damages. However, if the other party does not have sufficient insurance coverage, the damages award may be limited by the amount of coverage available.
- Sovereign Immunity
Sovereign immunity is a legal doctrine that can limit the amount of damages that can be recovered in boating accident lawsuits against government entities. Under sovereign immunity, the government is immune from lawsuits unless it has given its consent to be sued. If the government entity has waived its immunity and allowed lawsuits to be filed, there may be limits on the amount of damages that can be recovered.
- Time Limits
There are time limits, known as statutes of limitations, that can limit the amount of time the victim has to file a boating accident lawsuit. If the victim fails to file the lawsuit within the time limit, they may not be able to recover any damages. The time limit can vary from state to state and can depend on the type of lawsuit being filed.