A Lawyer Can Help You File a Boat Accident Lawsuit

A boating accident could result in hefty medical bills as well as financial hardship, and possibly bankruptcy. A lawyer can help you receive the money you are due.

In general, you can claim damages by proving that a person or entity has a duty of care and violated it, resulting in your injuries. There are four main aspects to a successful boat accident lawsuit:

Damages

crestwood boat accident attorney accident victims are entitled, along with other personal injury victims to compensation for their losses. These damages could include medical expenses, lost wages and future earning capacity, property damage, suffering and emotional distress.

A jury's decision will depend on the severity of your injuries as well as how long it will take you to recover from them. Catastrophic injuries tend to result in larger settlement and jury awards. They can include traumatic brain injury spinal cord injuries and permanent disfigurement.

It could be difficult to determine who should be held responsible for the boating accident. Your lawyer will analyze the causes of the accident and determine any parties who could be held responsible for liability for your loss. This could include the owner of the vessel as well as any other boat drivers or anyone else on board at the time of the accident.

In some instances, it might also be possible to file a claim against the manufacturer of the boat if there is evidence that it was a defect that caused your injury. This is referred to as product liability and is governed by the same laws as automobile manufacturers. Consult an attorney as soon you can if you are thinking of filing this type of claim. The lawyer can guide you through the process and help ensure that all damages eligible are recovered.

Liability

It is important to recognize that just like with an automobile accident, a boating accident lawsuit must show four elements in order to be successful. This includes proving a defendant's obligation to pay, breach of duty, actual damages, and the causation. This isn't an easy task, and requires the skill of a seasoned personal injury lawyer.

Negligence and recklessness can cause boating accidents. Just like the standard rules of driving there are boating safety regulations that must be followed. If the accident occurred as a result of an operator under the influence of alcohol or other drugs and he or she could be held accountable. Because of the unstable nature and the conditions of water and weather boating requires a certain concentration and awareness.

A successful boating accident lawsuit could result in compensatory damages, which are designed to pay the victim for their expenses and losses. These expenses include direct medical costs as well as lost wages due to missing work, property damage as well as pain and suffering and many more. If you have health coverage, it will usually cover some of these costs. This is particularly relevant to maritime workers who have access through the Jones Act to compensation, an old law that offers injured maritime workers the same path to recovery to workers compensation.

Preparation

While there is no way to bring the loved ones back who was injured or killed in an accident on the water however, compensation for damages could aid families in coping with the unexpected costs that result from their losses. Similar to car accidents boating accidents are often involving multiple parties who may share responsibility for the crash. It is crucial to consult a professional lawyer in the event of a claim for damages.

Usually victims of boat accidents can obtain the same damages as in a car accident lawsuit which includes damages to property, medical expenses and lost wages due to the time they missed at work. They can also seek compensation for emotional trauma and pain and suffering, and loss of enjoyment of their lives.

A number of factors can cause a boating accident and, in many cases, businesses or individuals are held accountable for an incident that occurs on the waterway because of their reckless behavior. Typical defendants include the operator of the boat as well as the owner of the great neck plaza boat accident lawyer or, if the accident occurred when the victim was on a commercial vessel, the employer of the individual.

Workers' compensation benefits are available to boaters injured in an incident. However it is a different process from filing a personal injury lawsuit for the same incident.

Filing

A serious boating accident can be devastating regardless of whether or not you own a luxury yacht or a modest fishing boat. An experienced lawyer can help you recover damages for your losses.

Similar to car accidents anyone injured in a boating collision may file a personal injury lawsuit against the party responsible for the accident to claim damages. A successful lawsuit can pay medical expenses and lost wages, as well as pain and suffering, and other financial losses related to the incident. The severity of your injuries will determine how much you are owed by the defendant. A person who has suffered a serious spinal cord injury, or traumatic brain damage will likely face massive medical bills and a loss of future earning potential.

A plaintiff must prove both negligence and the causation. This means that your injuries were caused by the defendant's failure to use reasonable care to protect others on water. A few examples of breaches include drinking on a boat while drunk and causing irresponsible loss of control of a vessel or not allowing enough space for other vessels.

An experienced lawyer can analyze the evidence to determine which parties are responsible for the accident. He or she will also negotiate on your behalf with the insurance company of the defendant as well as other legal counsel. If you cannot reach a settlement, your case will be argued and the jury will make a decision on damages and liability.