A Lawyer Can Help You File a Boat Accident Lawsuit

A boating accident can result in hefty medical bills or financial burdens, even bankruptcy. An attorney can help get you the compensation you're entitled to.

In general, you may be able to recover damages by proving that an individual or entity owed you a duty of care and violated it, boat accident Lawyers resulting in your injuries. There are four primary elements 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 can include medical expenses lost wages, future earning capacity, property damage, suffering and emotional distress.

The amount of money you receive from a jury will depend on the severity of your injury, and how long it will take for you to recover. Catastrophic injuries usually result in a larger settlement and jury awards. They might include traumatic brain injury, spinal cord injuries and permanent disfigurement.

It can be difficult to determine who is who is responsible for the boating accident. Your attorney will look into the cause of the incident and determine the parties that could bear liability for your loss. This could include the owner of the boat, other boat accident attorneys drivers or anyone else who may have been present when the incident occurred.

In some cases it may be possible to sue the manufacturer of your boat accident attorney in the event that it is proved that a defective component caused your injury. This is referred to as product liability, and falls under laws that are applicable to automobile manufacturers. Consult an attorney as soon you can if you are thinking of filing this type of claim. An attorney can guide you through the process and help ensure that all the damages you are entitled to are recouped.

Liability

It is important to understand that, similar to car accidents the lawsuit for a boating incident must prove four elements in order to be successful. This involves proving the defendant's duty of care, breach of the duty of care, actual damages and the causation. It's a challenging task that requires the expertise of an attorney who specializes in personal injury.

Inattention and recklessness can result in boating accidents. Safety rules for boating should be adhered to, just like road rules. If the accident was the result of drinking or drug use and they are found to be responsible. It is important to remember that boating requires a high degree of awareness and concentration due to the unpredictability of the weather and water.

In the event of a successful case involving a boating accident the victim may be able to recover compensation damages to cover their losses and expenses. These expenses comprise direct medical bills as well as lost wages due to working hours missed, property damage and pain and suffering and much more. If you have health insurance, it will typically cover some of these expenses as well. This is particularly relevant for maritime workers who have access through the Jones Act to compensation, which is a law dating back to the 1800s that provides injured maritime workers with the same route to recovering to workers in compensation.

Preparation

Compensation for damages can help families deal with the financial burdens that come with their losses. But, just like car accidents, boat accidents often involve multiple parties who may share liability for the accident, which makes it essential to seek an experienced legal counsel in seeking compensation.

Typically those who suffer from boat accidents are able to claim the same damages as they would in a car accident lawsuit, including damages to property, medical expenses and lost earnings due to missed time at work. Additionally, they can pursue damages for emotional trauma in the form of pain and suffering, as well as loss of enjoyment.

A number of factors can lead to a boating accident, but many times a person or business is held liable for an accident that happens on the waterway because of their negligence. Typical defendants include the boat operator or the owner of the boat or if the accident occurred during the time the victim was on commercial vessel, the employer of that person.

Workers can avail compensation to boaters who are injured in an incident. However it's a different process from filing personal injury lawsuits for the same incident.

Filing

A serious boating accident can be devastating regardless of whether you own a luxury boat or a simple fishing boat. An experienced lawyer can assist you in obtaining compensation for your losses.

Similar to car accidents, those who are injured in a boating accident could pursue a personal injury suit against the party responsible for the accident to claim damages. A successful claim can cover medical expenses as well as lost income, pain and discomfort, and other financial losses as a result of the incident. The severity of your injury will determine how much you owe the defendant. A victim with a severe spinal cord injury or traumatizing brain injury will likely be facing significant medical bills and loss of earning potential in the future.

A plaintiff must prove both negligence and causation. This means that your injuries resulted from the defendant's inability to take reasonable precautions to avoid harming others while on water. Examples of violations include driving a boat when drunk, swerving to lose control of a vessel, or not leaving enough room for other vessels.

An experienced lawyer will review the evidence and determine who is at fault for the accident. He or she will also negotiate on your behalf with the defendant's insurer and other legal counsel. 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.