The dangerous thing about boating accidents is that what was meant to be fun, relaxing, or thrilling can quickly become nightmarish. Kayaking, canoeing, fishing, or jet skiing activities on Stephens Lakes Park, Finger Lakes Park, Cosmo-Bethel Park, or the Missouri River can quickly become life-or-death incidents.
Unfortunately, watercraft accidents can be catastrophic, with victims needing long recovery periods. If you are wondering if it is too late to file a boating accident claim, our dedicated boat wreck lawyers could review your case to determine if you are still eligible. Call AW Smith Law today to discuss your case and the statute of limitations for boat accidents in Columbia, MO.
Under Missouri Revised Statutes §516.120, the statute of limitations for boat accidents in Columbia, MO, is five years. This means injured victims have up to five years from the date of the accident to file a boat accident injury claim. However, please note that the five-year deadline can be paused if the injured claimant is mentally incapacitated or under 21 years old. In such a case, the time will not start counting until the injured individual either regains the ability to make sound decisions or turns 21. Another exception applies if the injury was not discovered until later. In this scenario, the five-year window starts after the boat accident-related injury is detected.
However, if the at-fault party is a government agency, the injured victim must file the claim within 90 days of the incident with the Risk Management Division of the Office of Administration. Also, if the boating accident led to a fatality, surviving family members have a three-year window from the date of their loved one’s death to file a wrongful death suit.
Notwithstanding, even though victims have five years to file, it is better not to wait due to the possibility of evidence loss or degradation. An experienced boat accident lawyer from AW Smith Law can provide more clarification and help you understand the law during your initial consultation.
In addition to the statute of limitations, several details contribute to how much a person injured in a Columbia, MO boating accident can receive as a settlement from an injury claim, such as:
Missouri does not mandate boat insurance, so boat owners or operators who lack sufficient equipment policy may resort to settling the claims with their personal liability insurance.
Additionally, due to the state’s pure comparative negligence doctrine, a victim can still recover some compensation even if they are 99 percent responsible for the accident. Insurance companies, knowing this, will try to get the victim on the hook for considerable liability so they can reduce how much they have to pay the victim.
Watercraft accidents are particularly dangerous due to the risk of drowning and other catastrophic injuries. After such wrecks, recoveries can be long, and damages can be expensive.
If you have been involved in a boat accident, it is important to talk to our experienced lawyers at AW Smith Law. We are uniquely qualified to help you navigate the particularly complex nature of these types of cases, including the statute of limitations for boat accidents in Columbia, MO. Call us today for a free consultation.
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