A Lawyer Can Help You File a Boat Accident Lawsuit

A boating accident could cause serious medical bills or financial burdens, even bankruptcy. A lawyer can help get you the compensation you're due.

In general, you may be able recover damages in the event that you can prove the person or entity that owed you a duty of care, but then violated it. This resulted in your injuries. A successful boat accident lawsuit comprises four major elements:

Damages

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

The amount you are awarded by the jury will depend on the extent of your injuries and the length of time it will take for you to recover. Catastrophic injuries are more likely to result in a larger settlement and jury awards. They could include traumatic brain injuries or spinal cord injuries, as well as permanent disfigurement.

It can be difficult to determine the person responsible for your boating accident. Your attorney will determine the reason for the incident and boat accident lawsuit identify those who may be liable for your losses. This could include the owner of the boat, other drivers on the boat or anyone else who might have been aboard at the time that the accident occurred.

In certain cases it is possible to bring a claim against the manufacturer of the boat if there is evidence of a defective part that caused your injury. This is referred to as product liability and is covered by the laws that govern automobile manufacturers. It is important to consult with an attorney as soon as you can if you are considering pursuing this type of claim. The attorney can guide you through the entire process and ensure that all damages are recovered.

Liability

It is vital to remember that, similar to a car accident lawsuit, a boating injury lawsuit must show four factors to be successful. This includes proving the defendant's duty of care, breach of the duty of care, actual damages and the causation. This is not an simple task, and requires the expertise of a skilled personal injury lawyer.

Boating accidents are often caused by various factors, such as recklessness and negligence. Safety regulations for boats should be adhered to, as do road rules. Additionally, if the accident was caused by an operator under the influence of alcohol or other drugs, he or she may be held accountable. Because of the unpredictable nature and conditions of weather and water, boating requires a high level of attention and awareness.

A successful boating accident lawsuit will result in compensatory damages that are meant to pay the victim for their expenses and losses. These expenses can include medical expenses directly and lost wages due a loss of work. These can also include damages to property and pain and suffering. If you have health coverage the insurance will typically pay for a portion of these expenses. This is particularly applicable to maritime workers who are covered through the Jones Act, a century-old regulation that provides injured maritime employees with a path to recovery similar to workers' comp.

Preparation

Compensation for damages can help families cope with the financial burdens associated with their losses. But, just like car accidents, boat accidents usually involve multiple parties that may share responsibility for the crash, which is why it important to seek out experienced legal representation when seeking compensation.

Usually those who suffer from boat accident lawsuit accidents are able to get the same kinds of damages as in a lawsuit for car accidents for damage to property, medical costs and lost wages resulting from time lost at work. In addition, they are able to 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 in many cases a person or a company is held accountable for an accident that occurs on the waterway due inattention. Boat operators, boat owners and employers are the most frequent defendants.

Workers' compensation benefits are provided to boaters injured in an incident. However, this is a different process from filing an injury lawsuit in the event of the same incident.

Filing

Whether you own a palatial yacht or a quaint fishing boat, a serious boating incident can be devastating. An experienced attorney can assist you in recovering damages for your loss.

A person injured in an accident on a boat can pursue a personal injury suit against the party responsible for damages. A successful claim can cover medical expenses, lost income, discomfort and pain, and other financial losses as a result of the incident. The severity of your injury will determine the amount you owe the defendant. A person who has suffered a serious spinal cord injury, or traumatic brain injury is likely to be hit with significant medical bills and loss of future earnings potential.

A plaintiff must prove negligence and causation. This means that your injuries resulted from the defendant's inability to exercise reasonable care in order to avoid harming others while on water. Examples of breaches include driving a boat while drunk, and thereby losing control of the vessel, or failing to leave enough room for other vessels.

An experienced lawyer can analyze the evidence to determine which parties are responsible for your accident. He or she can also negotiate on behalf of you with the insurer of the defendant and other legal counsel. If a settlement cannot be reached the case will go to trial, where the jury will make a decision on the liability and damages.