How Your Degree of Fault Impacts Your Boat Accident Claim

The key to negotiating a settlement in a maritime boat accident claim is your degree of fault. Fault is determined when the circumstances of your boating accident are reviewed to determine who was more negligent and therefore caused the majority of the factors that led to your injuries. 

The degree of fault is a very important percentile in your settlement determination. Maritime Law follows a comparative fault system, in which both parties can be found at fault for the accident, and the injured worker's settlement will be reduced by this degree.

For example, you are found to be 20% at fault for a slip and fall accident aboard a commercial fishing boat. Your employer agrees to settle your case for $10,000 in additional damages – but you don’t get this full amount. Because you were 20% at fault, this reduces your settlement by 20% or $2,000. Your final settlement will be $8,000, which could make a big difference in your financial needs. 

Having a high degree of fault can prevent you from recovering the necessary settlement amount that you need to support long-term effects from your accident. If you suffered serious injury, and your employer is trying to claim your negligence caused the boat accident, it may be time to seek a boat accident attorney in New Orleans. 

Contact a Boat Accident Attorney in New Orleans

Maritime law provides you with certain protections your employer may not want you to know about. An attorney who handles cases of negligence that result in a boat accident in Louisiana can be found at The Young Law Firm in New Orleans. Our boat accident attorneys can help you if you have suffered maritime offshore accident injuries while working on a commercial vessel. 

Though we are based in Louisiana, we are ready and able to help injured victims throughout the U.S. Order our free Maritime Injury Law guide and/or our guide to what to do when you are injured offshore to learn all about your rights as an injured worker. 

When you are ready to get started with your Jones Act injury case, we urge you to contact us today for a FREE case evaluation – call 1-504-680-4100 or toll-free at 1-866-938-6113.