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 help get you the money you deserve.

In general, you may be able to recover damages by proving that a person or entity was obligated to you with a duty of care and breached it, resulting in your injuries. There are four main aspects to a successful boat accident lawsuit:

Damages

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

The jury award you receive will depend on the extent of your injuries and how long it will take you to recover. Jury awards and settlements tend to be higher when you suffer catastrophic injuries. They could include traumatic brain injury, spinal cord injuries and permanent disfigurement.

It is often difficult to determine the person responsible for your boating accident. Your lawyer will determine the reason for the incident, and determine who may be liable for your loss. This could include the owner of the boat, other boat drivers, or any other people who may have been present when the incident occurred.

In some instances it may be possible to pursue a claim against a manufacturer of the boat if there's evidence that the boat had a defective component that caused your injury. This is known as product liability, and falls under the same laws that apply to automobile manufacturers. Consult an attorney as soon you can if you're considering filing this type of claim. The lawyer can guide you through the entire process and make sure that all damages are recovered.

Liability

It is crucial to realize that, similar to an automobile accident, a boating accident lawsuit must demonstrate four elements to be successful. This includes proving the defendant's obligation of care, breach of this duty of care, the actual damages, and the causation. This is not an easy task, and it requires the expertise of an experienced personal injury lawyer.

Recklessness and negligence can cause boating accidents. Like the standard rules of the road and boating, there are safety regulations that must be followed. If the accident was the result of alcohol or drug use the person could also be found to be responsible. It is also important to keep in mind that boating activities require a high degree of awareness and concentration due to the unpredictability of water and weather conditions.

A successful boating accident lawsuit will result in compensatory damages that are meant to compensate the victim for their costs and losses. These expenses can include medical expenses directly and lost wages due to missed work. They can also include property damage and suffering and pain. Additionally, if you have health insurance, they usually cover some of these expenses as well. This is particularly relevant for maritime workers who have access to the Jones Act to compensation, which is a law dating back to the 1800s that provides injured maritime workers with the same path to recovery to workers in compensation.

Preparation

While the sum of money won't bring back a loved one who was injured or killed in an accident on the water however, compensation for damages could help families cope with the unexpected financial burdens resulting from their losses. Similar to car accidents boating accidents often involve multiple parties who may share responsibility for the crash. It is essential to have a competent legal advocate in the event of a claim for damages.

In most instances, victims of boating accidents will be able to claim the same type of damages as they could in a car accident, boat accident lawsuit including property damage and medical expenses, along with the loss of wages resulting from missing work. In addition, they may pursue damages for emotional trauma, pain and suffering and loss of enjoyment of life.

Boating accidents can be caused by a number of factors, but often, an individual or company is held accountable for an accident on a waterway due to their carelessness. Typical defendants include the operator of the boat, the boat owner, or, if the incident occurred during the time the victim was on an commercial vessel, it is the employer of that person.

In some cases, a person who works on a boat may be eligible for workers' compensation if they are injured in an accident, but that is typically a separate process than filing an injury claim for personal injury in the same incident.

Filing

If you own a grand yacht or a humble fishing boat, a boating accident could be catastrophic. A skilled attorney can assist you in recovering damages for your loss.

Anyone who is injured in an accident on a tallahassee boat accident attorney may file a personal injury suit against the party responsible for damages. A successful claim could cover medical expenses loss of wages, suffering and other financial losses due to the incident. The severity of your injury will determine how much you are owed by the defendant. 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 as well as loss of future earning capacity.

A plaintiff must prove both negligence and the causation. This means that the defendant breached their obligation to exercise reasonable care to prevent harm to other boaters and that was the cause of your injuries. Some examples of breaches are drinking on a boat while drunk or recklessly losing control of a boat or failing to allow enough room for other vessels.

An experienced attorney can evaluate the evidence to determine who are liable for your accident. He or she will also negotiate on behalf of you with the defendant's insurer and other legal counsel. If a settlement cannot be reached the case will go to trial, at which point the jury will decide on the liability and damages.