A Lawyer Can Help You File a Boat Accident Lawsuit

A boating accident could result in severe medical bills and financial distress. A lawyer can assist in getting you the money you deserve.

In general, you may be able to claim damages in the event that you can prove an individual or entity that owed you a duty of care, but then violated it. This resulted in your injuries. A successful lawsuit for a boat accident involves four main elements:

Damages

Similar to other personal injury cases, victims of boat accidents are entitled to compensation for their losses. These damages can include medical expenses, lost wages and future earning capacity and property damage, as well as pain and suffering, and emotional suffering.

A jury award will depend on the severity of your injuries as well as how long it will take you to recover from them. Settlements and jury awards tend to be higher for catastrophic injuries. They may include traumatic brain injuries or spinal cord injuries, boat Accidents as well as permanent disfigurement.

It is often difficult to determine who was who is responsible for the boating accident. Your attorney will determine the cause of the incident and identify parties that may be responsible for your losses. This could include the owner of the boat, any other boat drivers, or any other people who were aboard at the time that the accident occurred.

In certain cases, it may be possible to sue the manufacturer of your boat if it can be proven that a defective component caused your injury. This is known as product liability, and falls under the same laws as auto manufacturers. Contact an attorney as soon as you're able to if you're thinking about making this claim. The attorney can guide you through the entire process and ensure that all damages are repaid.

Liability

It is crucial to understand that, like the lawsuit in a car crash, the boating injury lawsuit has to be able to prove four elements in order to be successful. This includes proving the defendant's obligation of care, the breach of that duty of care, actual damages and causation. This is not an easy task, and requires the expertise of an experienced personal injury lawyer.

Boating accidents can be caused by many diverse factors, including negligence and recklessness. Boating safety regulations must be adhered to as do road rules. If the accident was caused by the driver being under the influence of alcohol or drugs, he or she may be held accountable. Because of the unstable nature and the conditions of weather and water, boating requires a high level of awareness and attention.

In a successful boating accident case the victim may be able to recover compensation damages to cover their losses and expenses. These costs can include direct medical bills and lost wages due to missing work. They can also include property damage and pain and suffering. If you have health coverage the insurance will typically cover some of these costs. This is particularly relevant to maritime workers who have access through the Jones Act to compensation, which is a law dating back to the 1800s that offers injured maritime workers the same route to recovering to workers compensation.

Preparation

Compensation for injuries can help families cope with the financial burdens that come with their losses. As with car accidents, boat accidents often involve multiple parties who could share the blame for the crash, making it essential to seek knowledgeable legal counsel in seeking compensation.

Typically, victims of boat accidents are able to get the same kinds of damages that they would be able to recover in a lawsuit involving a car accident that includes property damage, medical expenses and lost wages due to the time they missed at work. In addition, they are able to seek damages for emotional trauma as well as pain and suffering, and loss of enjoyment.

Boating accidents can be caused by a variety of factors, but often, a person or company is held liable for an incident on an waterway because of their inattention. Boat operators, boat accident law firm owners as well as employers are frequent defendants.

In certain instances the person who works on a boat may be eligible for workers' compensation if they are injured in an accident, but this is typically distinct from filing an injury claim in the event of the same incident.

Filing

A serious boating incident can be devastating, regardless of whether you own a luxurious yacht or a small fishing boat. An experienced lawyer can help you in recovering damages for your losses.

Anyone who is injured in an accident on a boat can make a personal injury claim against the party at fault for damages. A successful lawsuit can pay medical expenses and lost wages, as well as pain and suffering, and other financial losses relating to the incident. The severity of your injuries plays a significant role in determining much the defendant must pay you. A person suffering from a serious spinal cord injury, or traumatic brain injury will likely be facing massive medical bills and a loss of earning potential in the future.

In addition to the need to prove negligence, a plaintiff must also prove the causation. This means that the defendant breached their obligation to exercise reasonable care in order to avoid harming others on the water, and that was the cause of your injuries. Examples of breaches include driving a vessel while intoxicated, recklessly losing control of a vessel or failing to leave enough room for other vessels.

An experienced lawyer will analyze the evidence and determine who is responsible for your accident. The attorney can also negotiate with the defendant's insurance company and other legal counsel on your behalf. If a settlement is not reached, your case will go to trial, and at that point the jury will take a decision on liability and damages.