Shreveport Injury Lawyer > Blog > Boat Accident > How to File a Claim After a Deadly Boating Injury

How to File a Claim After a Deadly Boating Injury

Boating is an extremely common activity in Louisiana given the wide range of bodies of water throughout the state, and boating is particularly popular during the summer months. Whether you live in Louisiana or are visiting, there are swamps, lakes, bayous, reservoirs, the Mississippi River, and the Gulf of Mexico for deep sea fishing. Although boating is a beloved pastime in Shreveport and throughout Louisiana, it can also be very dangerous. When boaters are intoxicated, the weather is dangerous, the vessel is not properly prepared for the water, and even when the operator is merely inexperienced, serious and life-threatening boat injuries can occur. When a loved one sustains fatal injuries in a Louisiana boat accident, it can be especially difficult to consider the steps you need to take.

At Rice & Kendig, we know it can feel impossible to consider filing a lawsuit in the aftermath of a family member’s death. Yet we want to emphasize that there is limited time, and filing a claim can be a way of obtaining the financial care you need in addition to holding the wrongdoer accountable. What do you need to know about filing a claim after a deadly boating injury? Our Shreveport boat injury attorneys can help.

Understanding the Risks of Boating in Louisiana

Boating often appears like a solely recreational activity with little risk involved, yet boating can be extremely dangerous. In fact, Louisiana residents and visitors to the state are severely injured and killed in boating crashes.

According to the Louisiana Department of Wildlife and Fisheries (LDWF), there are hundreds of boating crash incidents that occur each year on Louisiana waterways, and numerous fatalities. Boating crash fatalities have risen in recent years, and in 2020, the number of boat incident deaths reached a total of 24 deaths. In many of these cases, vessel operators are intoxicated, and fatalities involve operators and vessel occupants who are not wearing personal flotation devices.

Filing a Louisiana Wrongful Death Lawsuit

If a loved one has been killed in a boating accident, filing a claim usually involves filing a wrongful death lawsuit and, in some cases, a survival action. When a close family member has died in a boating crash involving negligence, it is impossible for that family member to file a personal injury lawsuit themselves. Instead, Louisiana wrongful death law allows certain surviving family members to file a claim instead. Rather than filing a personal injury lawsuit (which usually must be filed by the injured person), a surviving spouse, child, parent, sibling, or grandparent may be able to file a wrongful death lawsuit.

To file a wrongful death claim, you will need to work with an experienced Shreveport wrongful death attorney to determine liability (i.e., who was at fault for the boating death), and then file your lawsuit. You will have one year from the date of the death to file your claim.

Contact a Shreveport Boat Injury Attorney Today

It is critical to have help from an experienced Shreveport personal injury attorney at Rice & Kendig when you are planning to file a wrongful death claim after a boating crash. Contact us today at 318-222-2772 for assistance with your case.

Sources:

legis.la.gov/legis/Law.aspx?d=109371

legis.la.gov/legis/Law.aspx?d=109370

wlf.louisiana.gov/

By Rice & Kendig, LLC | Posted on August 27, 2024

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