A Lawyer Can Help You File a Boat Accident Lawsuit

A boat accident can cause you to be faced with hefty financial and medical bills. 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 has a duty of care and failed to fulfill it, leading to your injuries. There are four key elements to the success of a lawsuit against a boat accident:

Damages

Boat accident victims are entitled, just like other personal injury victims, to compensation for their losses. These damages can include medical expenses loss of wages, future earning capacity, property damage, pain and suffering, and emotional stress.

The amount you receive from the jury will be contingent on the severity of your injuries and the length of time it will take for you to recover. Catastrophic injuries are more likely to lead to larger settlements and jury awards. These injuries could include traumatic brain injury (TBI) and spinal cord injury (SCI), and permanent disfigurement.

It can be difficult to determine who should be held liable for your boating accident. Your lawyer will determine the cause of the incident, and determine that may be responsible for your loss. This could include the owner of the boat, other boat drivers, or any other people who may have been on board when the accident occurred.

In some cases it may be possible to sue the manufacturer of your boat when it is established that a defective component caused your injury. This is known as product liability, and falls under the same law as automobile manufacturers. It is imperative to speak with an attorney as soon as possible in the event that you are contemplating pursuing this type of claim. An attorney 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, just like car accidents, a boating accident lawsuit must demonstrate four elements in order to be successful. This includes proving a defendant's obligation to pay, breach of duty, actual damages, and causation. This is not an simple task, and requires the expertise of an experienced personal injury lawyer.

Boating accidents can be caused by a variety of different factors, including negligence and recklessness. Boating safety regulations must be adhered to just like road rules. Furthermore, if an accident occurred due to the driver being under the influence of alcohol or other drugs the person could be held liable. Due to the unpredictable nature and conditions of weather and water, boating requires a high level of attention and awareness.

In the event of a successful case involving a boating accident the victim is entitled to compensation damages to cover their losses and costs. These costs can include medical expenses directly and the loss of wages due to absence from work. These can also include damages to property and pain and suffering. If you have health coverage, it will usually cover some of these costs. This is particularly true for maritime workers who are entitled under the Jones Act to compensation, a century old regulation that provides injured maritime workers with the same route to recovering to workers who receive compensation.

Preparation

While the sum of money won't bring back a loved one who was injured or killed in a boating accident however, compensation for damage can aid families in coping with the unexpected financial burdens that come with their losses. Like car accidents, boating accidents often involve multiple parties who may share liability for the crash, which is why it crucial to find an experienced legal counsel when seeking compensation.

In most cases the victims of boating accidents will be able to claim the same types damages as they would in a car accident which includes property damage and medical expenses, along with lost wages due to missing work. In addition, they may 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, an individual or company is held accountable for an accident on the waterway due negligence. Common defendants are the boat operator as well as the owner of the boat or, if the accident occurred when the victim was aboard commercial vessel, the employer of the individual.

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

Filing

It doesn't matter if you have a lavish yacht or a simple fishing boat, a boating accident can be devastating. An experienced attorney can assist you in recovering damages for your losses.

A person injured in an accident on a boat accident lawsuits may make a personal injury claim against the person who was at fault for damages. A successful claim may cover medical expenses, lost wages, pain and suffering, as well as other financial losses that are related to the incident. The severity of your injury will determine the amount you are owed by the defendant. For instance, a victim who suffers a brain injury traumatic or a severe spinal cord injury is likely to have significant medical bills and lose future earning capacity.

In addition to proving negligence In addition, a plaintiff must establish the cause of the injury. This means that the defendant violated their duty of exercising reasonable care to avoid hurting others on the water and it was the sole cause of your injuries. Examples of breaches include driving a boat while drunk, and thereby losing control of a boat, or failing to leave enough room for other boats.

An experienced attorney can evaluate the evidence to determine who are 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 the case will go to trial, and at that point the jury will take a decision on liability and damages.