A Lawyer Can Help You File a Boat Accident Lawsuit

A boating accident can cause severe medical expenses as well as financial hardship, and possibly bankruptcy. An attorney can help get you the compensation you're due.

In general, you may be able to recover damages by proving that a person or entity owed you a duty of care and violated it, resulting in your injuries. There are four major 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, property damage, pain and suffering, and emotional distress.

A jury's verdict will depend on the severity of your injuries and the length of time you'll need to recover from them. Jury awards and settlements tend to be higher when you suffer catastrophic injuries. These injuries may include trauma to the brain (TBI) or spinal cord injury (SCI), and permanent disfigurement.

It may be difficult to determine who should be held liable for your boating accident. Your lawyer will determine the reason for the incident and determine who that may be responsible for your losses. This could include the owner of the boat and any other boat operators, or anyone else aboard at the time of the accident.

In certain cases it could be possible to bring a claim against the manufacturer of the boat if there's evidence that it had an issue with the part that caused your injury. This is known as product liability and is governed by the same laws as auto manufacturers. Get an attorney's advice as soon as you can if you're considering making this claim. An attorney will be able to guide you through the process and ensure that all the damages you are entitled to are paid.

Liability

It is important to recognize that just like with a car accident, a boating accident lawsuit must demonstrate four elements in order to be successful. This includes proving the defendant's duty of care, breach of that duty of care, the actual damages, and causation. It's a challenging task that requires the knowledge of a personal injury lawyer.

Recklessness and negligence can cause accidents while boating. Similar to the rules of driving there are boating safety rules to be adhered to. If the accident was caused by the driver's alcohol or drug use and they are found to be responsible. Because of the unstable nature and the conditions of weather and water boating requires a high level of awareness and attention.

A successful lawsuit for a boating accident will result in compensatory damages which are meant to compensate the victim for their expenses and losses. These expenses can include direct medical bills and lost wages due to missing work. These can also include damages to property and pain and suffering. If you have health coverage, it will usually cover some of these costs. This is especially true for maritime workers, who are covered through the Jones Act, a century-old regulation which provides maritime workers injured with a pathway to recovery similar to workers' comp.

Preparation

Compensation for damages can help families to cope with the financial burdens that come with their losses. But, just like car accidents, boat collisions usually involve multiple parties that may be responsible for the crash, which is why it important to seek out knowledgeable legal counsel in seeking compensation.

Typically those who suffer from boat accidents can obtain the same damages as in a car crash lawsuit for damages to property, medical expenses and lost wages due to the time they missed at work. They can also seek compensation for emotional trauma, pain and suffering, as well as loss of enjoyment in their lives.

Boating accidents can result from a variety of causes, however often, a person or a company is held responsible for an accident occurring on an waterway because of their carelessness. The most common defendants are the operator of the boat or the owner of the boat, or if the accident occurred while the victim was on commercial vessels, boat accident lawsuit the employer of that individual.

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

Filing

It doesn't matter if you have a lavish yacht or a quaint fishing boat accident attorneys, a boating accident can be catastrophic. An experienced lawyer can assist you in obtaining compensation for your loss.

Similar to car accidents, anyone injured in a boating incident may bring a personal injury lawsuit against the at-fault party for damages. A successful claim can cover medical expenses and lost income, as well as discomfort and pain, and other financial losses as a result of the incident. The severity of your injuries will determine how much you owe the defendant. For example, a victim who suffers a brain injury traumatic 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 to prevent harm to others on water. Some examples of breaches are driving a boat intoxicated and causing irresponsible loss of control of a vessel or failing to allow enough room for other vessels.

An experienced lawyer will analyze the evidence and determine who is accountable for the accident. They can also negotiate with the insurance company of the defendant and boat accident Lawsuit other legal counsel on your behalf. If a settlement cannot be reached, your case will be heard at trial, where the jury will make a final decision on the liability and damages.