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A boat accident can cause you to be faced with hefty financial and medical bills. An attorney can help you receive the compensation you deserve.
In general, you may be able to claim damages when you can prove that an individual, or a company who owed you a duty of care, and then breached it. This led to your injuries. There are four primary elements to a successful boat accident lawsuit:
Damages
Boat accident victims are entitled, as do other victims of personal injuries to compensation for their losses. These damages include medical expenses, lost earnings, future earning potential, property damage emotional distress, suffering and pain.
A jury's decision will depend on the severity of your injuries and how long you'll take to recover from them. The most severe injuries can result in larger settlement and jury awards. These injuries can include traumatic brain injury (TBI) as well as spinal cord injury (SCI) and boat Accident lawsuit permanent disfigurement.
It can be difficult to decide who is liable for your boating accident. Your attorney will determine the reason for the incident and identify parties that may be responsible for your losses. This could include the owner of the boat or any other boat driver or anyone else who was aboard at the time of the accident.
In some instances it could be possible to pursue a claim against a manufacturer of the boat if there is evidence that the boat had a defective part that caused your injury. This is known as product liability and is covered by the same laws that apply to automobile manufacturers. Contact an attorney as quickly as you're able to if you're thinking about making this claim. An attorney can guide through the entire process and ensure that all damages are compensated.
Liability
It is important to recognize that, just like car accidents an injury lawsuit against a boating company must prove four elements in order to be successful. This includes proving the defendant's obligation of care, breach of that duty of care, actual damages and causation. This is not an simple task, and requires the expertise of an experienced personal injury lawyer.
Boating accidents are often caused by different factors, including recklessness and negligence. Similar to the rules of the road there are boating safety regulations that must be adhered to. If the accident was the result of an operator's drinking or drug use or use, they could be found to be responsible. Due to the unpredictable nature of the weather and water boating requires a certain level of attention and awareness.
In a successful boating accident case, the victim can recover compensation damages to cover their losses and expenses. These expenses include direct medical costs and lost wages resulting from working hours missed damages to property as well as pain and suffering and many more. If you have health insurance, it typically cover a portion of these costs as well. This is especially relevant for maritime workers who have access to compensation through the Jones Act, a century-old regulation which provides maritime workers injured with a means to recover similar to workers' comp.
Preparation
While the sum of money won't bring the loved ones back who has been injured or killed in an accident on the water however, compensation for damages could assist families with the financial burdens that accompany their losses. Similar to car accidents boating accidents often involve multiple parties who may share the blame for the crash. It is important to have a competent legal advocate in the event of a claim for damages.
Typically those who suffer from boat accidents are able to recover the same types of damages as they would in a lawsuit for car accidents, including property damage, medical expenses and Boat Accident Lawsuit lost wages due to time missed at work. In addition, they are able to claim damages for emotional trauma or pain and suffering as well as loss of enjoyment.
A number of factors can contribute to accidents on boats, but many times the person or company is held liable for an accident that occurs on the waterway due to of their negligence. The typical defendants are the boat accident law firm operator as well as the owner of the boat or if the accident occurred while the victim was on an commercial vessel, it is the employer of the person who was responsible for the accident.
Workers can avail compensation to boat workers who are injured in an accident. However it is a different process from filing personal injury lawsuits for the same incident.
Filing
A serious boating incident can be devastating regardless of whether or not you own a luxury yacht or a modest fishing boat. An experienced lawyer can assist you in recovering damages for your losses.
Similar to car accidents a person injured in a boating incident may bring a personal injury lawsuit against the responsible party for damages. A successful lawsuit could cover medical expenses and lost income, as well as pain and discomfort, and other financial losses that result from the incident. The severity of your injuries will determine how much you are owed by the defendant. A victim with a severe spinal cord injury or traumatizing brain injury is likely to be hit with significant medical bills and loss of earning potential in the future.
In addition to proving negligence the plaintiff must also establish the causation. This means that the defendant violated their obligation to exercise reasonable care in order to avoid harming other boaters and this was the direct cause of your injuries. Examples of breaches include driving a boat intoxicated and recklessly losing control of the vessel or not allowing enough space for other vessels.
An experienced lawyer will analyze the evidence and determine who is at fault for the accident. The attorney will also negotiate on your behalf with the insurer of the defendant and other legal counsel. If a settlement cannot be reached, your case will be heard at trial, at which point the jury will take a decision on liability and damages.
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