Rockport Offshore Fishing Accidents: What Victims Need to Know About Their Legal Rights in Texas

Unpredictable weather, boating breakdowns, and poor decisions are only a few of the causes of offshore fishing accidents outside of Rockport, Texas. When the cause of a boating accident is negligence, victims can hire a lawyer and pursue compensation for damages. The Texas personal injury attorneys at Carabin Shaw can help you determine what laws apply to your case, so you can seek a fair financial recovery.

Call toll-free 1-800-862-1260 or contact us online to set up a free consultation. We have English- and Spanish-speaking staff, and someone is available to speak with you 24/7. At Carabin Shaw, legal fees are not an issue. You pay nothing unless we win your case.

When a person’s injuries occur while they’re out to sea, they can hire an offshore fishing accident lawyer in Texas and sue at-fault parties for injuries, often using federal admiralty (maritime) law. This is different from injuries that happen on land, which common law doctrine covers. However, injured parties boating from Rockport, Texas often have the option to sue in either federal or state court using the Saving to Suitors Clause.

In a federal offshore fishing accident case:

• A judge typically tries the case.
• The statute of limitations is usually three years.
• Comparative fault applies.

In a Texas state fishing charter accident lawsuit:

• There is a trial by jury.
• The statute of limitations is typically two years.
• Modified comparative fault applies (victim’s fault must be less than 51%).

A Rockport fishing accident lawyer may advise that you pursue a claim in state or federal court based on numerous factors, such as the complexity of the case or the desire for a trial by jury. Read our law firm’s client reviews to find out how legal advice from Carabin Shaw has helped accident victims near you.

In federal or state fishing accident cases, negligence has five requirements:

• Duty of care
• Breach of duty
• Damages
• Proximate cause
• Cause-in-fact

Examples of maritime negligence include reckless navigation in stormy seas, inadequate boat maintenance, and lack of safety equipment. A lawyer will help you investigate the cause of your accident and determine whether you have a viable cause of action for a personal injury claim.

In most cases, victims who file claims for Rockport offshore fishing accidents will file them against either the captain or the owner of the boat. They may also file them against the boat manufacturer or other third parties who contributed to the fault in an accident. If the owner of the boat is missing or lacks assets, the injured party’s attorney may file an in rem claim against the boat itself.

Although filing a formal personal injury claim is often necessary to pursue compensation, victims may not have to suffer through a trial. Most personal injury cases end when the victims’ lawyer successfully negotiates a settlement. With adequate evidence to prove liability and damages, many cases close before they see a courtroom.

Calling a local attorney is the best step you can take after an offshore fishing accident because it helps you understand maritime liability laws and how they apply to your case. We can help you negotiate a fair settlement or take your case to court if necessary. Whether that trial is in state or federal court depends on your case, but you can relax knowing your legal team will take you down the correct path.

Call the Texas maritime injury lawyers at Carabin Shaw for your free consultation, and protect your right to compensation after an offshore fishing accident. Injury compensation helps victims get back on their feet again, and it holds people accountable for their negligence.

For more information:

• uscode
• Admiralty, maritime and prize cases
• Negligence