A Lawyer Can Help You File a Boat Accident Lawsuit

A boating accident could leave you with severe financial burden and medical bills. An attorney can help you obtain the compensation you need.

In general, you may be able to claim damages if you can prove that an individual or entity was liable to you under a duty of care, and then violated it. This led to your injuries. A successful boat accident lawsuit includes four key elements:

Damages

Like other personal injury cases, boat accident victims are entitled to compensation for their losses. These damages include medical expenses, lost earnings and future earnings potential, property damage, emotional distress, and suffering and pain.

The amount of money you receive from a jury will depend on your injuries and the length of time it will take to recover. Jury settlements and awards tend to be greater for serious injuries. These injuries could include traumatic brain injury (TBI) or spinal cord injury (SCI) and permanent disfigurement.

It may be difficult to determine who should be held liable for your boating accident. Your lawyer will determine the reason for the incident, and determine that could be responsible for your loss. This could include the owner of the boat, other drivers on the boat as well as any other individuals who might have been aboard at the time that the accident occurred.

In certain situations, it could be possible to sue the boat's maker if it is proven that an ineffective component caused your injury. This is referred to as product liability and falls under the same laws that apply to automobile manufacturers. It is imperative to speak with an attorney as soon as you can if you are considering pursuing this kind of claim. An attorney can guide through the entire process and make sure that all damages are repaid.

Liability

It is important to recognize that, like car accidents an injury lawsuit against a boating company must prove four elements in order to be successful. This includes proving that the defendant's duty of care, breach of that duty of care, actual damages and causation. This isn't an easy task, and it requires the expertise of a highly experienced personal injury lawyer.

Unsuspecting and negligent behavior can lead to accidents while boating. Safety regulations for boating must be followed, as do road rules. If the accident was caused by the operator's drunkenness or use of drugs the person could also be found to be responsible. It is important to remember that boating activities require an intense level of awareness and attention due to the erratic nature of weather and water conditions.

A successful lawsuit involving a boating accident can recover compensatory damages, which are meant to pay the victim for their expenses and losses. These costs can include medical expenses directly and lost wages due to missed work. They also cover the cost of property damage as well as pain and suffering. If you have health insurance the insurance will typically pay for a portion of these expenses. This is particularly relevant for maritime workers who are entitled under the Jones Act to compensation, a century old regulation that provides injured maritime workers with a similar pathway to recovery to workers in compensation.

Preparation

While the sum of money won't bring the loved ones back who has been injured or killed in an accident on the water, compensation for damages can aid families in coping with the unexpected costs that result from their losses. As with car accidents, boating accidents often involve multiple parties that may be responsible for the accident. It is essential to have a competent legal advocate in the event of a claim for damages.

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

There are a variety of factors that can lead to an accident while boating and, in many cases, businesses or individuals are held accountable for an incident that occurs on the waterway due to of their reckless behavior. palmerton boat accident lawyer operators, Fairview boat accident Lawsuit owners and employers are the most frequent defendants.

Workers Compensation benefits are offered for boaters injured in an incident. However, this is a different process than filing a personal injury lawsuit for the same incident.

Filing

A serious boating accident is devastating regardless of whether you own a luxurious yacht or a modest fishing boat. An experienced attorney can assist you in recovering damages for your losses.

As with car accidents, anyone injured in a boating collision may file a personal injury lawsuit against the at-fault party for damages. A successful claim could cover medical expenses, lost wages, suffering and other financial losses relating to the incident. The degree of your injuries plays a significant role in determining the defendant is likely to owe you. For instance, a person suffering from a brain injury that is traumatic or severe spinal cord injury is likely to be faced with substantial medical bills and a loss of future earning capacity.

In addition to proving negligence the plaintiff must also establish the cause of the injury. This means that the defendant failed to fulfill their duty to exercise reasonable care to prevent harm to other boaters and this was the direct cause of your injuries. Examples of breaches include driving a boat when intoxicated, recklessly losing control of a vessel or failing to leave enough space for other boats.

An experienced lawyer will evaluate the evidence to determine who are responsible for your accident. They can also negotiate with the defendant's insurance company and other legal counsel on your behalf. If you do not come to a deal, your case will be tried and the jury will rule on the amount of damages and liability.