Toledo is home to a wealth of natural beauty, offering scenic trails at Sidecut Metropark, to calming shores of Lake Erie, and boating opportunities on the Maumee River. Toledo has options for every nature lover and boating enthusiast.
With these opportunities to explore nature that Toledo provides in the summer months, it is important to remain safe, when you decide to hit the outdoors. Unfortunately, one of the biggest risks outdoors is boating accidents, which are all too common, and it is important to prevent the occurrence of this tragedy.
What if tragedy does strike while boating and a loved one passes? The team at Boyk is here to help you with this difficult process. Families may face many emotional strains and tolls during this hard time such as grief, PTSD, and depression. There is a long-term effect on loved ones and the community.
In this article, we will walk through what a wrongful death claim would look like after a fatal boat accident in Toledo, how to find a wrongful death lawyer, and how the team at Boyk Law Offices can be beneficial for your claim.
What Is a Wrongful Death?
According to the CDC, unintentional injuries are responsible for 68 deaths per 100,000 people annually. These accidents range from car crashes, workplace incidents, and even fatal boating accidents. When these tragedies occur, it’s important to find a Toledo lawyer that will address the incident appropriately and in a professional manner.
In simple terms, a wrongful death occurs when someone dies because of another person’s or company’s mistake, neglect, or wrongdoing. A wrongful death claim is a civil action as opposed to a criminal case. Unlike criminal trials, where the goal is punishment, which includes theories of retributivism and utilitarianism, a civil lawsuit focuses on compensation. The intention is to provide relief for the survivors by recovering damages for things like lost wages, funeral expenses, and loss of companionship. Damages in negligence claims can come in many forms such as economic damages vs non-economic damages, loss of enjoyment of life, medical expenses, and in some cases punitive damages can be awarded in civil cases.
A wrongful death lawsuit is important because it helps families seek justice and financial recovery after the unexpected loss of a loved one. For example, the loss of a primary breadwinner can leave a family with no steady income, resulting in a difficulty in maintaining a standard of living.
What Are the Two Kinds of Legal Claims After a Death?
There are two main kinds of legal claims that families or estates can make after a person in Toledo dies from a boat accident due to someone else’s actions:
- Wrongful Death Claims – These are made by the family (spouse, children, or parents). They cover the familys losses, and they can be emotional pain, lost income, or funeral costs.
- Survivorship Claims – Survival actions are typically made by the persons estate, and they are basically, the legal version of the persons property and money. It covers the suffering, pain, or money the person lost before they died.
What Is the Role of a Wrongful Death Lawyer?
Finding the right attorney can be a challenging process, but it is a very important step to achieve a fair outcome in these sensitive and difficult cases. A skilled wrongful death lawyer can aid a family tremendously in navigating a complicated legal process, such as wrongful death. By selecting a skilled lawyer, this will help in the process of recovering the maximum compensation available under the law.
When you are selecting a wrongful death lawyer in Toledo after a boating accident, consider the following important traits:
Knowledge and Experience
In the famous words of Oliver Wendell Holmes Jr. “The life of the law has not been logic; it has been experience.” When tragedy happens, you would want an experienced lawyer that will not only know the ins and outs of wrongful death law, but will also understand the nuances of specific cases. From understanding the complex legal system, and being up to date with the latest changes in the law. With this experience also comes composure under these stressful situations.
Compassionate and Trustworthy
When a tragedy like this occurs, it is important that you have a compassionate and trustworthy team by your side. A team that is able to help guide you in these daunting and difficult moments. You should not have to face the added stress of legal challenges alone. With a trusted legal team, you can rest assured knowing that sensitive matters are being handled with care and professionalism.
Confident and Driven
The team at the Boyk law Offices have obtain maximum compensation for their clients, with experience in negotiating large payouts and expert trial skills, the team is driven and confident that your wrongful death claim will be in good hands with the team.
Lake Erie Boat Accidents in the Glass City
The beautiful Lake Erie stretches from South Detroit through Buffalo, to Cleveland and Toledo. The expansive lake coverage is perfect for fishing, traveling and even tubing. According to Ohio.govs reports on the state’s waterways such as Lake Erie, Ohio River, and inland lakes. It was reported that close to 50% of the boats operated in Ohio’s waters are motorized. Of all the boats operated on Lake Erie specifically 68% of those are motorized. While motorized boats offer enhanced power and mobility, motorized boats present a different type of danger to those who use them for recreation. These risks include propellor dangers, speed danger, and a fire hazard.
According to the United States Coast Guard Statistics, operator inattention, improper lookout, operator inexperience, excessive speed and machinery failure ranked as the top five primary contributing factors in accidents. Additionally, in the United States the fatality rate was 4.9 deaths per 100,000 registered recreational vessels in 2023. From the year 2023 to 2019 there were 84 deaths.
Here are some different examples as to what would count as “negligence” when boating:
- Lack of navigational lights at night
- Inexperienced or unlicensed operation
- Boating under the influence
- Ignoring weather advisories
- Speeding in restricted areas
How to Prevent Boating Accidents in Toledo Waterways
While boating comes with inherent risks, there is an economic and social impact that it has on our communities. The benefits that boating brings to Toledo and the surrounding communities’ in Ohio are prevalent as according to the Ohio Department of Natural Resources, recreational boating in Ohio generates $6.4 Billion dollars annually. And supports an estimated 25,476 jobs within the state. These numbers highlight just how big the industry is in our region. Here are some important steps to mitigate the risk of boating accidents. Reducing the risk of accidents on the water starts with informed, responsible behavior.
- Wear a Life Jacket – Only 21% wear them nationally and 86% of drowning victims were not wearing a life jacket at the time of their accident
- Stay Vigilant – Collision with another vessel is the most common type of boating accident in the U.S.
- Booze and Boats are a No Go – Alcohol is the leading contributing factor in fatal boating accidents
- Stay Educated – Lack of boating safety education accounts for 77% of fatal boating accidents
Boating Accidents in the News
Boating accidents involving major infrastructure have raised serious concerns for safety in the past couple years. For example, in the summer of 2025, a tragic accident occurred when a boat hit the Brooklyn bridge killing two passengers. Just earlier in 2024, six lives were lost when a vessel struck the Francis Scott Key Bridge.
In the aftermath of the Key Bridge tragedy, families of the victims began seeking recovery and filed action against the shipping company. The families alleged that the company was “prioritizing profits and knew about issues with the ship that made it dangerous and unseaworthy.” *NBC News
In the more recent 2025 Brooklyn Bridge incident, the investigation as to what has occurred remains ongoing. But preliminary reports indicate that the boat involved may have been traveling in the wrong direction at the time of the collision. If the families of the victims choose to pursue a wrongful death claim there are several steps, and considerations that will come into play.
The first step they may take would be to consult with a range of experts, including maritime specialists, boat engine analysts, structural engineers, and bridge design experts, to help establish the cause of the accident and determine liability. Investigators and legal teams will also scrutinize the safety protocols that were or were not in place at the time of the crash
The next step, when pursuing legal action, the families may also be mindful of the “statute of limitations” or the time for filing a wrongful death claim in New York. For example, some states generally allow two years from the date of death to bring a claim. Additionally, they may need to consider whether the operator or the company who owns the ship has a history of violations or safety concerns.
Lastly, the families may want to consider expert witnesses, as they usually play a vital role in these cases. Maritime experts may provide insight into navigational errors, while engineering experts can assess the mechanical integrity of the vessel and the structural impact of the collision. Medical and financial experts may also be called upon to quantify damages, such as loss of income, support, and companionship. The role of experts is too provide a testimony to help establish liability or estimate future economic losses, such as what the deceased would have earned had the accident not occurred
Hypothetical Boating Accident in Toledo
Let’s say hypothetically you and a friend wanted to go walleye fishing out on the Lake Erie, it was a perfect summer day and your favorite Mudhens just won. You and your friend, being the responsible boaters that you are, have your licenses and year of training, you have your life jackets are sober, and have years of experiencing of boating under your belts.
When you get out on the Lake you drop the anchor and begin your fishing expedition. But an errant drunk boater crashes into your boat killing you guys instantly. What should your loved ones do?
The first step is to find a lawyer that will best fit your needs. You may need an attorney who has years of experience with these types of claims. Legal counsel will guide your loved ones through the process and advocate for the compensation they may be entitled to.
Your wrongful death action after a fatal boat accident in Toledo must be initiated by a personal representative of the decedent’s estate, and brought for the exclusive benefit of the decedents surviving spouse, children, parents and other next of kin. The claim must also be filed within two years of decedents death.
The next step would be filing the complaint. The lawyer will include a complaint that outlines the statement of facts, including the date of the death, the wrongful or negligent conduct that caused the death, and any applicable Ohio watercraft operation statutes—such as operating a vessel while intoxicated—which may serve as evidence of negligence. The complaint will also detail the economic and non-economic damages suffered by the beneficiaries.
Lastly, wrongful death settlements in Ohio typically require approval by the probate court. To do this, the lawyer will complete an application to approve the settlement and distribute the wrongful death proceeds. All interested parties must receive notice of the hearing for the wrongful death application.
How the team at Boyk Can Help After a Fatal Toledo Boat Accident
The experienced legal team at Charles E. Boyk has been successfully handling wrongful death claims for many years, with deep understanding of the complex issues and the nature of these cases’. For example, our firm secured a $260k settlement in a wrongful death case involving a tragic boating accident on Lake Erie. The wrongful death litigation involves finding and working with the right experts, navigating negotiations with insurance companies and making the difficult and critical decision to take the case to court or not. At the offices of Charles E Boyk, we have been guiding families through each step of the process with diligence to ensure that families of loved ones rights are protected. If you lost your loved one in a fatal boat accident in Toledo, do not hesitate – reach out today.
Common Questions and Answers
What should I do immediately after a fatal boating accident involving a loved one?
The first step is to ensure that authorities are contacted, and all necessary reports are filed (with the Coast Guard or local law enforcement). If a wrongful death may have occurred, contacting an experienced wrongful death attorney is essential to begin the legal process and preserve evidence.
Is there a time limit to file a wrongful death claim in Ohio?
Yes. The statute of limitations for wrongful death claims in Ohio is two years from the date of death. It is important to act quickly so evidence is preserved and all the deadlines are met.
What damages can be recovered in a wrongful death boating case?
Families may be able to recover both economic damages, like lost income, medical and funeral expenses, and non-economic damages (such as loss of companionship, pain and suffering). In some cases punitive damages may be awarded if the conduct was especially reckless, such as boating under the influence
Can I still bring a claim if the deceased was partially at fault?
Yes, Ohio follows a system called comparative negligence. If your loved one was found to be partially at fault their compensation may be reduced in proportion to the percentage of fault but a claim may still be valid.
What qualifies as negligence in a boating accident?
Negligent actions include speeding in restricted areas, operating a boat while intoxicated, lack of proper training or licensing, ignoring weather advisories, and failure to maintain safety equipment like life jackets or navigational lights.
What local agencies or resources can help with boating safety in Toledo?
Some valuable resources include:
- Ohio Department of Natural Resources (ODNR) For boating laws, safety courses, and registration.
- U.S. Coast Guard Auxiliary Offers boating safety courses and vessel safety checks.
- Maumee River Water Trail Resources For maps, rules and safety recommendation
- Local marinas and boat rental facilities – Many offer briefings on local regulations and water conditions.
How can Boyk Law Offices help with a boating related wrongful death claim?
Boyk Law Offices has a proven track record in wrongful death cases, these cases include those involving boating accidents, and other wrongful death claims in Toledo and the surrounding area. The team offers compassionate, driven, and experienced legal representation to ensure that families receive the justice and compensation they deserve from wrongful death cases.
