A Lawyer Can Help You File a Boat Accident Lawsuit

A boating accident can cause severe medical expenses as well as financial hardship, and possibly bankruptcy. An attorney can help get you the money you deserve.

In general, you may be able to recover damages by proving that an individual or entity had a duty to care and failed to fulfill it, resulting in your injuries. There are four major elements to a successful boat accident lawsuit:

Damages

Boat accident victims are entitled, as do other victims of personal injuries, to compensation for their losses. These damages include medical expenses, lost earnings and future earnings potential and property damage emotional distress, suffering and pain.

A jury's verdict will depend on the severity of your injuries and how long it will take you to recover from them. Settlements and jury awards tend to be greater for severe injuries. They could include traumatic brain injuries, spinal cord injuries and permanent disfigurement.

It is often difficult to determine who is at fault for your boating accident. Your attorney will evaluate the cause of the accident and pinpoint the parties that could bear liability for your losses. This could include the owner of the boat, any other drivers on the cudahy boat accident attorney or any other persons who might have been aboard at the time that the accident occurred.

In some instances it could be possible to make a claim against the manufacturer of the boat if there's evidence of a defective component that caused your injury. This is known as product liability and falls under the same laws as automobile manufacturers. Get an attorney's advice as soon as you're able to if you're thinking about making this claim. An attorney can guide you through the entire process and ensure that all damages are recovered.

Liability

It is important to recognize that, just like an automobile accident, a boating accident lawsuit must prove four elements to be successful. This includes proving the defendant's duty to perform this duty, the breach of that duty, actual damages and the causation. This isn't an easy job, and requires the skill of an experienced personal injury lawyer.

Boating accidents can be caused by a variety of different things, including recklessness and negligence. Like the standard rules of the road there are safety regulations to be adhered to. If the accident was the result of an operator's drunkenness or use of drugs and they are held accountable. Because of the unpredictable nature and conditions of weather and water boating requires a high concentration and vigilance.

In the event of a successful case involving a boating accident the victim could be awarded compensation damages to cover their losses and costs. These expenses include direct medical bills and lost wages resulting from working hours missed, property damage as well as pain and suffering and more. In addition, if you have health insurance, they will typically cover some of these costs as well. This is especially relevant for maritime workers who are covered by the Jones Act to compensation, which is a law dating back to the 1800s that gives injured maritime workers a similar pathway to recovery to workers compensation.

Preparation

Compensation for damages can help families deal with the financial burdens associated with their losses. However, as with car accidents, boat collisions typically involve multiple parties who may share responsibility for the incident, making it essential to seek an experienced legal counsel when seeking compensation.

Usually the victims of boat accidents can get the same kinds of damages as they would in a lawsuit for car accidents which includes injuries to property, medical expenses and lost wages due to the time they missed at work. In addition, they may seek damages for emotional trauma or pain and suffering as well as loss of enjoyment.

Boating accidents can be caused by a number of causes, however in many cases a person or company is held accountable for an incident on the waterway due to their carelessness. Boat owners, boat operators and employers are the most frequent defendants.

In some cases it is possible that a person working on a boat can claim workers' compensation if they are injured in an accident, but this is typically a separate process than filing an injury claim in the event of the same incident.

Filing

No matter if you own a luxurious yacht or a simple fishing marietta boat Accident law firm, a boating incident can be devastating. An experienced lawyer can help you in obtaining damages for your loss.

Anyone who is injured in an incident on the water may pursue a personal injury suit against the person who was at fault for damages. A successful claim could cover medical expenses and lost wages, as well as suffering and other financial losses relating to the incident. The severity of your injuries will determine the amount you are owed by the defendant. A person who has suffered a serious spinal cord injury, or traumatic brain injury will likely be facing high medical bills and a loss of future earning potential.

A plaintiff must prove both negligence and causation. This means that your injuries resulted from the defendant's failure to use reasonable care to avoid harming others while on water. Examples of breaches include driving a vessel while drunk, or swerving away from control of a vessel or failing to leave enough space for other boats.

A seasoned attorney will assess the evidence and determine who is at fault for the accident. The attorney can also negotiate with the defendant's insurance company and other legal counsel on your behalf. If a settlement cannot be reached the case will go to trial, at which point the jury will make a final decision on the liability and damages.