A Lawyer Can Help You File a Boat Accident Lawsuit

A boat accident can result in severe medical bills and financial distress. A lawyer can assist you to receive the money you are due.

In general, you might be able to claim damages if you can prove the person or entity, owed you an obligation of care, and then breached it. This caused your injuries. A successful lawsuit for a boat accident comprises four major elements:

Damages

Boat accident victims are entitled, as do others who suffer personal injuries to compensation for their losses. These damages can include medical expenses as well as lost wages, future earning capacity as well as property damage, pain and suffering, and emotional distress.

The amount you receive from the jury will depend on the severity of your injury and how long it will take for you to recover. Catastrophic injuries are more likely to lead to larger settlements and jury awards. These can be trauma to the brain (TBI) or spinal cord injury (SCI) and permanent disfigurement.

It is often difficult to determine who was who is responsible for the boating accident. Your lawyer will determine the cause of the incident and determine who which could be accountable for your loss. This could include the owner of the vessel or any other boat driver, or anyone else who was aboard at the time of the accident.

In certain cases it may be possible to bring a claim against the manufacturer of the boat, if there's evidence that the boat had an issue with the part that caused your injury. This is referred to as product liability, and falls under laws that are applicable to automobile manufacturers. It is important to consult with an attorney as soon as possible when you're considering pursuing this type of claim. The lawyer can guide you through the process and ensure that all the damages you are entitled to are recouped.

Liability

It is important to recognize that just like with car accidents, a lawsuit involving a boating accident must show four elements in order to be successful. This includes proving that the defendant's duty of care, breach of the duty of care, the actual damages, and the causation. This is not an easy task, and requires the skill of a seasoned personal injury lawyer.

Recklessness and negligence can cause boating accidents. Similar to the rules of the road and boating, there are safety rules that must be adhered to. If the accident was the result of an operator's drunkenness or use of drugs and they are held accountable. Due to the unpredictable nature and conditions of weather and water boating requires a high level of awareness and attention.

In the event of a boating accident that is successful the victim is entitled to compensatory damages to pay for their losses and costs. These expenses include direct medical bills loss of wages due to missing work, property damage and pain and suffering and many more. If you have health insurance, it will typically cover some of these costs as well. This is especially applicable to maritime workers who have access through the Jones Act to compensation, an old law that gives injured maritime workers the same route to recovering to workers who receive compensation.

Preparation

While no amount of money can bring the family member who has been injured or killed in an accident on the water, compensation for damages can assist families with the unexpected financial burdens resulting from their losses. As with car accidents, boat accidents usually involve multiple parties that may be responsible for the accident, which makes it essential to seek an experienced legal counsel in seeking compensation.

Usually those who suffer from boat accidents are able to recover the same types of damages as in a lawsuit for car accidents for property damage, medical expenses and lost wages due to the time they missed at work. In addition, they can claim damages for emotional trauma or pain and suffering as well as loss of enjoyment of life.

Many factors can contribute to an accident while boating, but many times a person or business is responsible for an accident that occurs on the waterway because of their negligent behavior. The typical defendants are the boat operator or the owner of the boat, or if the accident occurred while the victim was on an commercial vessel, it is the employer of that individual.

Workers Compensation benefits are offered to boaters injured in an accident. However it's a different procedure from filing personal injury lawsuits for the same incident.

Filing

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

Similar to car accidents, anyone injured in a boating collision may bring a personal injury lawsuit against the at-fault party for damages. A successful claim may cover medical expenses as well as lost income, discomfort and pain, and other financial losses as a result of the incident. The extent of your injuries play an important part in how 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 as well as loss of future earning capacity.

A plaintiff must prove negligence and causation. This means that the defendant did not fulfill their duty to exercise reasonable care to avoid hurting others on the water and this was the primary cause of your injuries. Examples of violations include driving a vessel while drunk, or swerving away from control of a vessel, or not leaving enough room for other vessels.

An experienced lawyer will evaluate the evidence to determine which parties are accountable for your accident. He or boat accident she can also negotiate on behalf of you with the defendant's insurer and other legal counsel. If a settlement cannot be reached, your case will be heard at trial, and at that point the jury will make a final decision on liability and damages.