How to File a Personal Injury Claim After a Boating Accident in Wisconsin

If you’ve been involved in a boating accident, you know just how devastating they can be. Not only are boats very expensive to repair, but the most serious accidents can also cause injury or even death.

Unfortunately, boating accidents are relatively common in Wisconsin. 

There have been over 100 total boating incidents each year in the state since 2020. 

If you have been involved in a boating accident in Wisconsin that wasn’t your fault, you have legal options – and ways to recoup your financial losses.

At Mahony Law, we deal with many boating personal injury cases, and our expert lawyers are here to guide you through the process. 

Here’s how to file a boating accident claim in Wisconsin in five simple steps:

Step 1: Report the Incident
Step 2: Collect Your Evidence
Step 3: Find a Reputable Boating Accident Lawyer
Step 4: Determine & Prove Negligence
Step 5: Pursue Financial Compensation

Let’s start with Step 1.

Step 1: Report the Incident

The first move to make in the personal injury claims process is to report the accident to your local Wisconsin authorities and to the Coast Guard. 

All boating accidents should be reported right away, and a written report should be sent to the Wisconsin Department of Natural Resources within 10 days. 

You should also report the incident to your insurance company, regardless of who was at fault in the accident. The earlier you can report the incident, the better. 
In Wisconsin, you are legally required to report boating accidents. If you don’t report the accident, it could result in fines or even more serious legal consequences. It will be very difficult for your attorney to build a personal injury case if you don’t file the reports properly. 

Step 2: Collect Your Evidence

Next, you’ll need to collect all of the records relating to the accident. The more evidence you have, the stronger your boating accident claim will be, so make sure to collect any evidence you can get your hands on and pass it to your personal injury lawyer. 

This should include (but is not limited to):

• The police report detailing the collision
• The medical staff’s assessment at the scene 
• Insurance claims to medical records
• Witness statements 
• Property damage 

All of this evidence will help you build an accurate account of the accident – and will help your personal injury claims lawyer build the strongest case possible.

Step 3: Find a Reputable Boating Accident Lawyer

After you’ve filed a report and collected your evidence, the next step is to find a personal injury lawyer that you can trust. A good lawyer will guide you through the claims process and help you earn fair compensation for the accident. 

There are many personal injury lawyers out there, and it’s often difficult to find the right fit. Here’s what to look for when choosing a personal injury lawyer: 

• Proven experience handling similar boating accident cases
• A strong track record for winning personal injury cases
• A responsive team with a caring and helpful demeanor

Most personal injury lawyers, including Mahony Law, offer free consultations. This gives you a risk-free opportunity to get to know your lawyer and ask questions before making a commitment. 

Additionally, most personal injury attorneys work on a contingency fee agreement. This means they make their fees in the form of a percentage of the total settlement AFTER the other party pays it out. In other words, you pay nothing out of pocket to hire them – and they will only take your case if they believe they can win. 

If an attorney demands upfront costs, you can head for the door.

Step 4: Determine & Prove Negligence

Once you’ve selected an attorney, they will work with you to determine who was at fault for the accident and start the personal injury claims process. You’ll go over all of the details of your case with your lawyer to understand exactly what happened and move forward. 

Proving that the other party involved in negligence is essential to securing damages after a boating accident. In any personal injury case, there are four steps to demonstrating negligence. These are: 

• Establish duty of care: This step proves that the other party had a legal responsibility to avoid reckless behavior that could harm others. In this case, this means the other party has a responsibility to operate their boat safely and without harming others. 
• Demonstrate a breach of that duty: The next step to proving negligence is proving that the other party breached their reasonable duty of care as a boat owner and operator. This means that you will need to prove that they operated the boat in an unsafe manner. 
• Establish causation of accident: Next, your legal team will need to establish that the other party’s unsafe behavior caused the accident. In this case, you’ll need to prove that the boat accident would not have happened without the actions of the other party. This could happen due to proactively reckless operation or due to passive negligence. 
• Prove damages: The final step is proving that you suffered damages as a result of the accident and quantifying those damages. This includes property damage as well as any negative impact on your life as a result of an injury. If you experienced significant pain, expensive medical bills, or costly lost wages, these will all factor into the total damages. 

Your role in this process will be to provide information to your boating accident attorney to help them build the case. Be responsive when they call/email you. Timeliness is very important in the personal injury claims process.

Step 5: Pursue Financial Compensation

If you’ve been harmed in a boating accident, you deserve compensation for both economic and non-economic damages. These damages should reflect not only the damage to your boat, but any other negative effects the accident had on your life as well, particularly if you’ve experienced a serious and traumatic injury. 

Economic damages – or special damages – include (but are not limited to):

• Medical bills 
• Future medical treatment 
• Property damage 
• Lost wages 

Non-economic damages – or general damages – include (but are not limited to):

• Pain and suffering 
• Reduced quality of life 
• Loss of companionship

Calculating damages is where it’s particularly important to have a strong legal team on your side. An experienced boating accident lawyer will look at your case from all angles and fight to make sure you get what you actually deserve, rather than a lowball amount. 

When determining damages, the court will typically start with the economic damages, like the cost of the damage to your boat, your medical bills, and any wages you lost. Quantifying non-economic damages is a much more subjective process. 

While there are many ways to calculate non-economic damages, many legal professionals use the multiplier method. This method multiplies your economic damages by a factor from one to five, depending on the level of pain and trauma you experience. 

Non-economic damages commonly get disputed in the negotiation process. You’ll need a highly experienced lawyer to build a convincing and successful case with this method.

Ready to Get Started? Contact Mahony Law Today

If you’ve been involved in a boating accident in Wisconsin, don’t wait to contact a lawyer. Mahony Law is a leading personal injury law firm with extensive experience in boating accident cases. 

We’re dedicated to getting you the justice you deserve and have the track record to prove it. Mahony Law is a Wisconsin-based firm that understands the needs of our local clients. Contact us today or call our office at 262-331-3553 to schedule your free consultation!

Even if you don’t have a valid case, we’re happy to steer you in the right direction.