A Lawyer Can Help You File a Boat Accident Lawsuit

A boat accident can result in severe financial burden and medical bills. A lawyer can assist in getting you the compensation you're due.

In general, you might be able to recover damages if you can prove the person or entity who owed you a duty of care, but then breached it. This led to your injuries. There are four key elements to a successful boat accident lawsuit:

Damages

As in other personal injury cases, victims of boat accidents are entitled to compensation for their losses. These damages could include medical expenses lost wages, future earning capacity as well as property damage, suffering and emotional stress.

The amount of money you receive from a jury will depend on your injuries, and how long it will take for you to recover. Jury awards and settlements tend to be greater for serious injuries. They could include traumatic brain injuries or spinal cord injuries, as well as permanent disfigurement.

It is often difficult to determine the person accountable for your boating incident. Your lawyer will determine the reason for the incident, and determine that may be responsible for your losses. This could include the owner of the boat, any other boat drivers or anyone else who was aboard at the time of the accident.

In some instances, it might also be possible to pursue a claim against a manufacturer of the boat in case there is evidence of a defect that caused your injury. This is called product liability and falls under the laws that govern automobile manufacturers. It is crucial to speak with an attorney as soon as possible should you be considering this type of claim. An attorney can guide you through the process and ensure that all the damages you are entitled to are paid.

Liability

It is vital to remember that, like a car accident lawsuit a boating injury lawsuit must prove four elements to be successful. This includes proving a defense's duty in breach, breach of this duty, actual damages and causation. This is not an simple task, and requires the expertise of a highly experienced personal injury lawyer.

Boating accidents can be caused by a variety of diverse factors, including recklessness and negligence. Safety rules for boating must be adhered to just like road rules. If the accident was the result of an operator's drunkenness or use of drugs the person could also be held accountable. Due to the unstable nature and the conditions of weather and water boating requires a high level of awareness and attention.

In the event of a successful case involving a boating accident the victim could be awarded compensation for their losses and expenses. These costs can include direct medical expenses and lost wages due to missed work. They can also include the cost of property damage as well as suffering and pain. If you have health coverage it will typically pay for a portion of these expenses. This is especially relevant to maritime workers who have access to the Jones Act to compensation, a century old regulation that gives injured maritime workers a similar pathway to recovery to workers in compensation.

Preparation

While there is no way to bring the loved ones back who has been injured or killed in a boating accident but compensation for the damages can aid families in coping with the unexpected financial burdens resulting from their losses. As with car accidents, boat accidents often involve multiple parties who could share the blame for the crash, which is why it important to seek out competent legal representation in seeking compensation.

Typically, boat accidents victims of boat accidents can recover the same types of damages that they would be able to recover in a car crash lawsuit which includes injuries to property, medical expenses and lost wages resulting from time lost at work. Additionally, they can claim damages for emotional trauma as well as pain and suffering, and loss of enjoyment of life.

Many factors can cause accidents on boats however, often the person or company is accountable for an accident that occurs on the waterway due to of their reckless behavior. The most common defendants are the boat owner, the boat owner, or, if the incident occurred when the victim was aboard commercial vessels, the employer of the person who was responsible for the accident.

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

Filing

Whether you own a palatial yacht or a simple fishing vessel, a serious boating accident can be devastating. A skilled attorney can assist you in obtaining compensation for your loss.

As with car accidents, the person who is injured in a boating accident may pursue a personal injury suit against the party responsible for the accident to claim damages. A successful lawsuit could cover medical expenses, lost income, pain and discomfort, and other financial losses that result from the incident. The severity of your injuries will determine the amount you owe the defendant. If you suffer a severe spinal cord injury or traumatizing brain injury is likely to be hit with significant medical bills and loss of earning potential in the future.

A plaintiff must prove negligence and causality. This means that the defendant failed to fulfill their obligation to exercise reasonable care to prevent harm to others on the water, and this was the direct cause of your injuries. Examples of breaches include driving a vessel while drunk, swerving to lose control of a vessel, or failing to leave enough room for other vessels.

An experienced lawyer can analyze the evidence to determine who are responsible for the accident. The attorney can also negotiate with the insurance company of the defendant and other legal counsel on your behalf. If a settlement cannot be reached the case will go to trial, where the jury will take a decision on the liability and damages.