A Lawyer Can Help You File a Boat Accident Lawsuit

A boating accident could cause you to be faced with hefty medical bills and financial stress. A lawyer can assist in getting you the money you deserve.

In general, you can claim damages by proving that a person or entity was obligated to you with a duty of care and failed to fulfill it, leading to your injuries. There are four primary elements to a successful boat accident lawsuit:

Damages

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

The amount a jury awards will be contingent on the severity of your injuries and the length of time you'll need to recover from them. Catastrophic injuries tend to lead to larger settlements and jury awards. These injuries may include traumatic brain injury (TBI), spinal cord injury (SCI) and permanent disfigurement.

It can be difficult to determine who was accountable for your boating incident. Your attorney will determine the cause of the incident and identify parties that may be responsible for your loss. This could include the owner of the boat, other boat drivers or anyone else who were aboard when the incident occurred.

In some instances, it might also be possible to pursue a claim against a manufacturer of the boat in case there is evidence that the boat had a defective part that caused your injury. This is known as product liability and is governed by the same law as automobile manufacturers. Contact an attorney as quickly as you can if you are thinking of filing this type of claim. The attorney can guide you through the process and help ensure that all damages eligible are awarded.

Liability

It is important to know that, just like a lawsuit for a car accident, a lawsuit for boating injuries must be able to prove four elements in order to be successful. This includes proving the defendant's duty of care, breach of the duty of care, the actual damages, and causation. It's a challenging job that requires the expertise of an attorney who specializes in personal injury.

Recklessness and negligence can cause boating accidents. Like the standard rules of the road, there are boating safety rules that must be adhered to. Furthermore, if an accident occurred due to the person operating the boat under the influence of alcohol or drugs the person could be held accountable. Due to the unpredictable nature and conditions of weather and water boating requires a higher level of attention and awareness.

In an accident that results in a boating injury the victim is entitled to compensation for their losses and costs. These expenses include direct medical bills, lost wages from absence from work and Vimeo property damage and pain and suffering and much more. In addition, if you have health insurance, it typically cover a portion of these expenses as well. This is particularly applicable to maritime workers who have access to compensation through the Jones Act, a century-old regulation that provides maritime workers injured with a pathway to recovery similar to workers' compensation.

Preparation

While the sum of money won't bring the loved ones back who was injured or killed in an accident on the water however, compensation for damage can help families cope with the unexpected financial burdens resulting from their losses. As with car accidents, boating accidents are often involving multiple parties who could share responsibility for the crash. It is crucial to seek experienced legal representation when seeking damages.

In most cases, victims of boating accidents can recover the same types of damages that they would in a car accident, including property damage and medical expenses, plus lost wages due to missed work. In addition, they are able to pursue damages for emotional trauma as well as pain and suffering, and loss of enjoyment.

Boating accidents can result from a variety of causes, however in many cases a person or a company is held accountable for an accident occurring on a waterway due to their inattention. Common defendants are the boat owner, the los altos hills boat accident attorney owner, or if the accident occurred during the time the victim was on a commercial vessel, the employer of the individual.

Workers Compensation benefits are offered for boaters injured in an incident. However it's a different process from filing an individual injury lawsuit for the same incident.

Filing

No matter if you own a luxurious yacht or a humble fishing vessel, a serious boating incident can be devastating. An experienced attorney can assist with obtaining compensation for your losses.

As with car accidents, a person injured in a boating incident may file a personal injury lawsuit against the at-fault party for damages. A successful claim can cover medical expenses as well as lost income, pain and discomfort, and other financial losses that result from the incident. The severity of your injury will determine how much you are owed by the defendant. If you suffer a severe 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 the plaintiff must also establish causation. This means that your injuries resulted from the defendant's failure to take reasonable precautions to protect others on water. A few examples of breaches include drinking on a boat while drunk and 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. He or she can also negotiate with the defendant's insurance company and other legal counsel on behalf of you. If a settlement cannot be reached, your case will be heard at trial, at which point the jury will make a decision on liability and damages.