A Lawyer Can Help You File a Boat Accident Lawsuit

A boating accident could lead to severe medical bills, financial hardship and even bankruptcy. A lawyer can assist you to get the compensation you deserve.

In general, you can claim damages by proving that an individual or entity has a duty of care and breached it, resulting in your injuries. A successful boat accident lawsuit involves four main elements:

Damages

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

The amount you receive from the jury will be contingent on the severity of your injuries and how long it will take you to recover. Catastrophic injuries are more likely to result in higher settlements and jury awards. These injuries could include brain injuries that are traumatic (TBI) and spinal cord injury (SCI) and permanent disfigurement.

It may be difficult to decide who is liable for your boating accident. Your attorney will evaluate the cause of the accident and identify any parties that might bear liability for your losses. This could include the owner of the boat or any other boat driver, lewistown boat accident lawsuit or anyone else aboard at the time of the incident.

In certain situations, it could be possible to sue the boat's maker if it can be proven that a defective component caused your injury. This is referred to as product liability and is governed by the same laws as auto manufacturers. It is important to consult with an attorney as soon as you can should you be considering this kind of claim. The lawyer can guide you through the process and ensure that all the damages you are entitled to are awarded.

Liability

It is important to know 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 responsibility to perform this duty, the breach of that duty, actual damages and the causation. This isn't an easy task, and requires the skill of a skilled personal injury lawyer.

Unsuspecting and negligent behavior can lead to boating accidents. Like the normal rules of the road there are boating safety rules that must be adhered to. If the accident was the result of alcohol or drug use the person could also be held responsible. It is also important to keep in mind that boating requires a high degree of awareness and concentration due to the unpredictable nature of the weather and water.

A successful lawsuit involving a boating accident can result in compensation damages, that are meant to pay the victim for their costs and losses. These expenses include direct medical expenses, lost wages from missed work damages to property, pain and suffering, and more. If you have health coverage generally, it will cover a portion of these costs. This is especially relevant to maritime workers who have access through the Jones Act to compensation, an old law that gives injured maritime workers a similar pathway to recovery to workers compensation.

Preparation

Compensation for injuries can help families cope with the financial burdens that come with their losses. As with car accidents, boating accidents often involve several parties that could be responsible for the collision. It is important to consult a professional lawyer in the event of a claim for damages.

Typically, victims of kingsport boat accident law firm accidents are able to claim the same damages as in a lawsuit for car accidents that includes property damage, medical expenses and lost wages resulting from time lost at work. Additionally, they can seek damages for emotional trauma, pain and suffering and loss of enjoyment of life.

Many factors can lead to an accident on the water, but many times an individual or company is accountable for an accident that happens on the waterway because of their negligence. Common defendants are the operator of the boat as well as the owner of the boat or if the accident occurred when the victim was aboard a commercial vessel, the employer of the individual.

In some cases an employee on a boat can claim workers' compensation benefits in the event that they are injured in an accident, however that is typically an entirely different process from filing an injury claim on behalf of a person injured in the same incident.

Filing

A serious boating incident can be devastating regardless of whether you own a luxurious yacht or a modest fishing boat. An experienced lawyer can help you recover damages for your loss.

Similar to car accidents, a person injured in a boating collision may make a personal injury claim against the responsible party for damages. A successful claim could pay for medical expenses as well as lost income, pain and discomfort, and other financial losses as a result of the incident. The severity of your injuries plays a significant role in determining the defendant will be liable to you. For instance, a victim with a serious brain injury or a severe spinal cord injury is likely to face substantial medical bills and loss of future earning capacity.

A plaintiff must prove both negligence and 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 violations include driving a garner boat accident attorney while drunk, swerving to lose control of a boat, or failing to leave enough room for other boats.

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