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A boating accident can lead to severe medical bills financial strain and bankruptcy. A lawyer can help receive the money you are due.
In general, you may be able to recover damages by proving that an individual or entity had a duty to care and violated it, resulting in your injuries. There are four primary elements to a successful boat accident lawsuit:
Damages
As in other personal injury cases, boat accident victims are entitled to compensation for their losses. These damages can include medical expenses as well as lost wages, future earning capacity as well as property damage, suffering and emotional suffering.
The amount a jury awards will be contingent on the severity of your injuries and how long you will need to recover from them. Settlements and jury awards tend to be higher for severe injuries. They may 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 determine the reason for the incident and identify those that could be responsible for your losses. This could include the owner of the boat, any other boat drivers or anyone else who were on board when the accident took place.
In some cases it may be possible to file a claim against the manufacturer of the boat accident lawsuits if there's evidence that the boat had a defective component that caused your injury. This is called product liability and is covered by the laws that govern automobile manufacturers. It is important to consult with an attorney as soon as possible in the event that you are contemplating pursuing this kind of claim. The lawyer will be able to guide you through the process and ensure that all eligible damages are awarded.
Liability
It is important to know that, like a car accident, a boating accident lawsuit must demonstrate four elements in order to be successful. This includes proving a defendant's obligation to pay, breach of duty, actual damages and causation. This isn't an simple task, and requires the expertise of a highly experienced personal injury lawyer.
Boating accidents can be caused by many diverse factors, including recklessness and negligence. Safety regulations for boats are to be followed, similar to road rules. Additionally, if the accident occurred due to the driver being under the influence of alcohol or drugs and he or she could be held responsible. It is also crucial to keep in mind that boating activities require an intense level of attention and awareness, due to the erratic nature of the weather and water.
A successful boating accident lawsuit can recover compensatory damages, which are meant to pay the victim for their expenses and losses. These costs comprise direct medical bills and lost wages resulting from missing work, property damage and pain and suffering and more. In addition, if you have health insurance, they usually cover some of these costs as well. This is particularly true for maritime workers, who are covered through the Jones Act, a century-old regulation that provides maritime workers injured with a path to recovery similar to workers' comp.
Preparation
Compensation for damages can help families to cope with the financial burdens that come with their losses. Like car accidents boating accidents usually involve multiple parties that may be responsible for the collision. It is important to have a competent legal advocate when seeking damages.
Usually those who suffer from boat accidents are able to claim the same damages as in a car accident lawsuit that includes damage to property, medical costs and lost wages resulting from time lost at work. In addition, they can pursue damages for emotional trauma or pain and suffering as well as loss of enjoyment of life.
Many factors could cause a boating accident and, in many cases, businesses or individuals are held liable for an accident that occurs on the waterway due to of their negligence. Common defendants are the boat owner or the owner of the boat, or if the incident occurred while the victim was on an commercial vessel, it is the employer of the person who was responsible for the accident.
Workers Compensation benefits are offered to boaters who are injured in an incident. However, this is a different process than filing a personal injury lawsuit for the same incident.
Filing
Whether you own a palatial yacht or a humble fishing boat, a devastating boating accident can be catastrophic. An experienced lawyer can assist you in recovering damages for your losses.
As with car accidents, anyone injured in a boating collision may file a personal injury lawsuit against the party responsible for the accident to claim damages. A successful lawsuit can pay medical expenses loss of wages, suffering and other financial losses due to the incident. The severity of your injuries plays a significant role in determining the defendant will be liable to you. For instance, a person who suffers a brain injury traumatic or a serious spinal cord injury is likely to be faced with substantial medical bills and lose future earning capacity.
In addition to showing negligence the plaintiff must also prove the causality. This means that the defendant did not fulfill their obligation to exercise reasonable care to avoid hurting others on the water, and this was the direct cause of your injuries. Examples of violations include driving a boat while drunk, or swerving away from control of a vessel, or failing to leave enough room for other boats.
An experienced lawyer will review the evidence and determine who is responsible for your accident. He or she can also negotiate with the insurance company of the defendant and other legal counsel on your behalf. If a settlement cannot be reached the case will go to trial, and at that point the jury will make a final decision on liability and damages.
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