A Lawyer Can Help You File a Boat Accident Lawsuit

A boating accident can result in hefty medical bills as well as financial hardship, and possibly bankruptcy. A lawyer can assist you to receive the money you are due.

In general, you could be able to claim damages when you can prove that a person, or entity who owed you a duty of care, and then breached it. This resulted in your injuries. A successful boat accident lawsuit includes four key elements:

Damages

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

The amount a jury awards will be contingent on the severity of your injuries as well as how long it will take you to recover from them. Catastrophic injuries are more likely to result in a larger settlement and jury awards. They may include traumatic brain injury or spinal cord injuries, as well as permanent disfigurement.

It can be difficult to decide who is responsible for your boating incident. Your attorney will evaluate the cause of the accident and determine any parties that might bear liability for your losses. This could include the boat's owner and any other boat operators, or anyone else aboard at the time of the accident.

In some cases it is possible to pursue a claim against a manufacturer of the boat in case there is evidence that it was a defective part that caused your injury. This is referred to as product liability and is governed by the laws that govern automobile manufacturers. It is imperative to speak with an attorney as soon as you can in the event that you are contemplating pursuing this type of claim. An attorney will be able to guide you through the process and help ensure that all damages are paid.

Liability

It is important to know that just like with an automobile accident the lawsuit for a boating incident must prove four elements in order to be successful. This includes proving the defense's duty to pay, breach of obligation, actual damages and the causation. This is not an easy task, and requires the skill of an experienced personal injury lawyer.

Boating accidents can be caused by many various factors, such as recklessness and negligence. Boating safety regulations must be followed, as do road rules. If the accident was the result of the driver being under the influence of alcohol or other drugs, he or she may be held responsible. Due to the unstable nature and the conditions of weather and Boat Accident Lawsuit water boating requires a high level of awareness and attention.

In an accident that results in a boating injury the victim is entitled to compensatory damages to pay for their losses and expenses. These costs can include medical bills directly and the loss of wages due to absence from work. They also include property damage and suffering and pain. If you have health coverage, it will usually cover a portion of these costs. This is especially true for maritime workers, who are covered through the Jones Act, a century-old regulation that provides maritime workers injured with a pathway to recovery similar to workers' compensation.

Preparation

While no amount of money will bring the loved ones back who was injured or killed in an accident on the water however, compensation for damages could help families cope with the financial burdens that accompany their losses. Similar to car accidents boating accidents are often involving multiple parties who may be responsible for the accident. It is important to have a competent legal advocate when seeking damages.

In most cases the victims of boating accidents are able to recover the same damages they would in a car accident case which includes property damage and medical expenses, plus lost wages due the absence of work. They may also seek compensation for emotional trauma and pain and suffering, and loss of enjoyment in their lives.

A number of factors could cause a boating accident however, frequently a person or business is responsible for an accident that occurs on the waterway because of their negligence. Common defendants are those who operate the boat, the boat owner, or, if the accident occurred during the time the victim was on an commercial vessel, it is the employer of that individual.

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

Filing

A serious boating accident can be devastating, regardless of whether you own a luxurious yacht or a smaller fishing boat. A skilled attorney can help you recover damages for your loss.

Anyone who is injured in a boating accident may make a personal injury claim against the person who was at fault for damages. A successful lawsuit can pay medical expenses and lost wages, as well as pain and suffering, and other financial losses due to the incident. The severity of your injuries will determine the amount you owe the defendant. For instance, a victim with a traumatic brain injury or a severe spinal cord injury is likely to be faced with substantial medical bills and loss of future earning capacity.

A plaintiff must prove both negligence and causality. This means that your injuries resulted from the defendant's failure to exercise reasonable care in order to avoid harming others while on water. Examples of breaches include operating a boat accident drunk, and thereby losing control of a boat, or not leaving enough room for other vessels.

A seasoned attorney can review the evidence to determine who are accountable for your accident. They will also negotiate on your behalf with the defendant's insurer and other legal counsel. If a settlement cannot be reached, your case will be heard at trial, at which point the jury will make a final decision on the liability and damages.