Fatal Boating Accidents: Can Loved Ones Claim Compensation?

Several fatal boating accidents have been reported in The Bahamas in the first three months of this year. Fortunately, the law provides a route for close family members to claim personal injury compensation. The injury team at ParrisWhittaker regularly acts for the loved ones of those killed or seriously in boating and cruise ship accidents across the Caribbean region.

In March, a 67-year-old American man diving in Winding Bay, Eleuthera was killed in a boating accident. In the same month, a 55-year-old woman from Colorado died after the dinghy she was in collided with a pleasure boat and was thrown overboard. Her husband was seriously injured.

It’s not yet know who was legally responsible for these recent accidents. However, where incidents such as these are caused by negligence, the close relatives of the victim can usually claim compensation following their loved one’s death. There may well be separate criminal charges brought against the company responsible, in additional to any civil compensation claim.

If you’re grieving a loved one following a boating accident, we can help you navigate the compensation claim process. We will explain what’s involved and how we can shoulder the burden of handling your claim on your behalf. It’s vital to contact us as early as possible as you only have three years in which to start a claim. Memories of events can also become cloudier as the months pass by.

What can I claim?

The Fatal Accidents Act 1976 allows close relatives of the victim to claim the following in compensation:

• Personal injury compensation – If your loved one was not instantly killed in the accident, you could claim compensation in respect of their pain and suffering up to the time they died. You may also claim for certain accident-related costs, such as medical expenses and funeral costs.  The claim would be brought by your loved one’s personal representatives on behalf of the estate.

• Bereavement damages – For a surviving spouse and the victim’s dependants (including children, and even a parent or grandparent, a niece or nephew or a grandchild)

• Dependency payments – The law recognises that a relative’s death can be potentially devasting financially for their dependents.  A dependent is entitled to make a claim for lost financial support from the deceased and a financial dependency payment, together with the value of services the deceased would have provided had they survived. How much you or another family member may be entitled to depends on several factors, however we will be pleased to explain the calculation process to you.

Who will I claim from?

This depends on the circumstances of the accident. In the case of boating accidents, those held responsibly may, for example, be the company who organised the excursion, the boat owner and or the operator. Your claim could even be made against more than one company or individual (usually, the claim will actually be against the insurance company/ies.)

The lawyers at ParrisWhittaker are experienced in fatal accident claims and will fully investigate which parties were involved to ensure your claim is made against all appropriate parties.

What do I have to prove?

To succeed in a personally injury claim, we will need to prove negligence, wrongful act or breach of duty on the part of those we will hold responsible for the boating accident.  We will take full details of what happened leading up to the accident and your loved one’s death so that we can build the strongest possible case to prove negligence.

Where the police are involved, the police incident report and investigation – and any subsequent charges and conviction – will be crucial evidence to bolster your claim.

Our aim will be to achieve an early admission of liability, paving the way for us to negotiate a fair and reasonable settlement for you – and to secure prompt dependency payments under the Fatal Accident Act.

In your dependency claim, you would also have to evidence the fact you were financially dependent on your loved one, and to what extent.  To help us calculate what you should receive, we will ask for as much evidence as you have to back up your claim.

How can we help?

We know how traumatic it is to lose a loved one suddenly in circumstances that were entirely avoidable.

Our specialist personal injury lawyers are compassionate and experienced and are here to support and advice you. For early advice, telephone ParrisWhittaker on +1.242.352.6112 or if you prefer, send us an email and request a call back.