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A boat accident can result in severe medical bills and financial distress. An attorney can help you receive the money you are due.
In general, you might be able recover damages in the event that you can prove a person, or entity, owed you an obligation of care, but then breached it. This caused your injuries. A successful lawsuit for a boat accident comprises four major elements:
Damages
Boat accident victims are entitled, as do others who suffer personal injuries, to compensation for their losses. These damages include medical expenses, lost earnings, future earning potential damages to property emotional distress, suffering and pain.
The amount a jury awards will be contingent on the severity of your injuries and how long you will need to recover from them. Jury awards and settlements tend to be higher for serious injuries. They might include traumatic brain injury spinal cord injuries, and permanent disfigurement.
It might be difficult to determine who should be held responsible for the boating accident. Your attorney will look into the cause of the accident and determine the parties that could bear the responsibility for your losses. This could include the boat owner, any other boat drivers or anyone else aboard at the time of the incident.
In some cases it is possible to pursue a claim against a manufacturer of the boat, if there's evidence that it had a defective part that caused your injury. This is called product liability, and falls under laws that apply to automobile manufacturers. Get an attorney's advice as soon as you can if you are thinking of making this claim. The attorney will be able to guide you through the process and help ensure that all the damages you are entitled to are paid.
Liability
It is vital to remember that, just like a car accident lawsuit a lawsuit for boating injuries must show four factors to be successful. This includes proving a defense's duty, breach of this duty, actual damages, and the causation. This is not an easy task, and requires the expertise of a seasoned personal injury lawyer.
Recklessness and negligence can cause accidents on boats. Boating safety regulations are to be followed, similar to road rules. Additionally, if the accident occurred as a result of the person operating the boat under the influence of alcohol or drugs and he or she could be held liable. It is important to remember that boating operations require the greatest amount of awareness and attention due to the erratic nature of weather conditions and the water.
A successful lawsuit for a boating accident could result in compensatory damages, which are designed to pay the victim for their costs and losses. These costs can include medical expenses directly and lost wages due to missed work. They also include property damage and suffering and pain. If you have health insurance the insurance will typically pay for a portion of these expenses. This is especially applicable to maritime workers which are entitled to compensation through the Jones Act, a century-old regulation that provides injured maritime workers with a pathway to recovery similar to workers' compensation.
Preparation
While the sum of money won't bring the loved ones back who was injured or killed in an accident on the water, compensation for damages can help families deal with the unexpected financial burdens resulting from their losses. As with car accidents, boat Accident law firms collisions typically involve multiple parties who may be responsible for the accident, which makes it crucial to find competent legal representation in seeking compensation.
Typically, victims of boat accidents are able to claim the same damages as they would in a lawsuit involving a car accident for damages to property, medical expenses and lost earnings due to missed time at work. In addition, they can seek compensation for emotional trauma in the form of pain and suffering, as well as loss of enjoyment of life.
Boating accidents can be caused by a variety of causes, however in many cases an individual or company is held liable for an accident occurring on the waterway due to their negligence. Boat owners, boat accident lawyer operators as well as employers are frequent defendants.
In some instances, a person who works on a boat can claim workers' compensation benefits in the event that they are injured in an accident, however it's usually an independent process from filing an injury claim for personal injury in the same incident.
Filing
A serious boating accident can be devastating regardless of whether you own a luxurious yacht or a smaller fishing boat. An experienced lawyer can help you in obtaining damages for your loss.
Anyone who is injured in a boating accident may file a personal injury suit against the party at fault for damages. A successful claim could cover medical expenses, lost wages, suffering and other financial losses due to the incident. The severity of your injuries will determine how much you are owed by the defendant. For example, a victim with a serious brain injury or severe spinal cord injury is likely to face substantial medical bills and loss of future earning capacity.
In addition to showing negligence the plaintiff must also prove the causality. This means that your injuries were caused by the defendant's inability to take reasonable precautions to protect others on water. A few examples of breaches include drinking on a boat while drunk and causing irresponsible loss of control of the vessel or failing to allow enough room for other vessels.
An experienced lawyer will evaluate the evidence to determine who are responsible for your accident. They can also negotiate with the defendant's insurance company and other legal counsel on behalf of you. If a settlement cannot be reached the case will be heard at trial, and at that point the jury will take a decision on liability and damages.
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