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A boat accident can cause you to be faced with hefty medical bills and financial distress. An attorney can help get you the compensation you're due.
In general, you may be able to claim damages if you can prove that an individual, or a company who owed you a duty of care, and then violated it. This caused your injuries. There are four main aspects to a successful boat accident lawsuit:
Damages
Boat accident victims are entitled, just like other personal injury victims to compensation for their losses. These damages include medical expenses, lost earnings and future earning potential as well as property damage, emotional distress, and pain and suffering.
A jury award will depend on the severity of your injuries as well as how long you'll take to recover from them. Catastrophic injuries tend to result in higher settlements and jury awards. They can include traumatic brain injuries or spinal cord injuries, as well as permanent disfigurement.
It might be difficult to determine who should be held liable for your boating accident. Your lawyer will analyze the causes of the accident and identify the parties that could bear liability for your losses. This could include the boat owner, any other boat drivers or anyone else who was on board at the time of the accident.
In some cases, it might also be possible to pursue a claim against a manufacturer of the boat if there's evidence that it was a defective part that caused your injury. This is referred to as product liability and is covered by the same law as automobile manufacturers. Get an attorney's advice as soon as you can if you are thinking of filing this type of claim. An attorney can guide through the entire process and make sure that all damages are recovered.
Liability
It is vital to remember that, similar to a car accident lawsuit a boating injury lawsuit must be able to prove four elements in order to be successful. This includes proving the defendant's duty of care, the breach of that duty of care, the actual damages, and causation. This is a complicated job that requires the expertise of an attorney who specializes in personal injury.
Boating accidents can be caused by a variety of various factors, such as recklessness and negligence. Safety regulations for boating should be adhered to, just like road rules. If the accident was the result of an operator's drinking or drug use and they are accountable. Because of the unpredictable nature of the weather and water boating requires a high level of awareness and attention.
A successful boating accident lawsuit will result in compensatory damages which are designed to pay the victim for their costs and losses. These costs include direct medical bills and lost wages resulting from missing work as well as property damage as well as pain and suffering and much more. If you have health insurance, they will usually cover some of these costs as well. This is particularly relevant for maritime workers which are entitled to compensation through the Jones Act, a century-old regulation that provides maritime workers injured with a path to recovery similar to workers' compensation.
Preparation
Compensation for injuries can help families cope with the financial burdens associated with their losses. Like car accidents boating accidents typically involve multiple parties who could share responsibility for the crash. It is important to have a competent legal advocate when seeking damages.
Typically, victims of boat accidents are able to recover the same types of damages as in a lawsuit involving a car accident that includes property damage, medical expenses 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.
There are a variety of factors that could cause a boating accident, but many times an individual or company is held liable for boat accident lawsuit an accident that occurs on the waterway because of their negligent behavior. Typical defendants include the boat operator or the owner of the boat accident law firm, or, if the incident occurred when the victim was on a commercial vessel, the employer of that individual.
In some instances an employee on a vessel can claim workers' compensation benefits in the event that they are injured in an accident, however it's usually distinct 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 luxury yacht or a small fishing boat. A skilled attorney can assist you in recovering damages for your loss.
A person injured in an incident on the water may pursue a personal injury suit against the party at fault for damages. A successful claim can cover medical expenses, lost income, discomfort and pain, as well as other financial losses as a result of the incident. The severity of your injuries will determine how much you are owed by the defendant. For example, a victim with a traumatic brain injury or severe spinal cord injury is likely to have significant medical bills and loss of future earning capacity.
In addition to the need to prove negligence, a plaintiff must also establish the causation. This means that the defendant violated their duty to exercise reasonable care to prevent harm to others on the water and it was the sole cause of your injuries. Some examples of violations include operating a boat under the influence of alcohol or recklessly losing control of the vessel or not allowing enough space for other vessels.
An experienced lawyer will evaluate the evidence to determine who are responsible for the accident. They can also negotiate with the insurance company of the defendant and other legal counsel on behalf of you. If a settlement is not reached, your case will be heard at trial, and at that point the jury will make a decision on the liability and damages.
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