A Lawyer Can Help You File a Boat Accident Lawsuit

A boating accident could lead to severe medical bills as well as financial hardship, and possibly bankruptcy. A lawyer can help you get you the compensation you're entitled to.

In general, you might be able to recover damages when you can prove that the person or entity was liable to you under a duty of care, but then violated it. This led to your injuries. There are four key elements to a successful boat accident lawsuit:

Damages

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

The jury award you receive will depend on the extent of your injuries and how long it takes you to recover. The most severe injuries can lead to larger settlements and jury awards. These injuries could include brain injuries that are traumatic (TBI) as well as spinal cord injury (SCI) and permanent disfigurement.

It can be difficult to determine the person accountable for your boating incident. Your lawyer will determine the reason for the incident and identify parties who may be liable for your loss. 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 took place.

In some cases, it might also be possible to pursue a claim against a manufacturer of the boat in case there is evidence that it had a defective part that caused your injury. This is known as product liability and is governed by the same laws as auto manufacturers. Consult an attorney as soon you can if you're thinking of making this claim. An attorney can guide you through the entire process and ensure that all damages are recovered.

Liability

It is important to know that, just like a lawsuit for a car accident, a lawsuit for boating injuries must show four factors to be successful. This includes proving that the defendant's duty of care, breach of that duty of care, actual damages, and the causation. This is not an easy task, and requires the skill of a highly experienced personal injury lawyer.

Boating accidents can be caused by a variety of diverse factors, including recklessness and negligence. Similar to the rules of driving and boating, there are safety rules which must be adhered. In addition, if the incident occurred due to the person operating the boat under the influence of alcohol or other drugs the person could be held responsible. Due to the unpredictable nature of the weather and water, boating requires a high level of attention and awareness.

In an accident that results in a boating injury the victim is entitled to compensation for their losses and costs. These expenses can include direct medical bills and lost wages due to missed work. They also cover the cost of property damage as well as suffering and pain. Additionally, if you have health insurance, they will typically cover some of these expenses too. This is particularly true for maritime workers who are entitled under the Jones Act to compensation, a century old regulation that gives injured maritime workers the same pathway to recovery to workers compensation.

Preparation

While no amount of money can bring the loved ones back who has been injured or killed in an accident on the water however, compensation for damage can help families deal with the financial burdens resulting from their losses. Like car accidents, boating accidents typically involve multiple parties that may be responsible for the accident. It is essential to hire a reputable legal representative in the event of a claim for damages.

Usually, Boat Accident Lawsuit victims of boat accidents are able to claim the same damages that they would be able to recover in a car crash lawsuit that includes injuries to property, medical expenses and lost wages due to the time they missed at work. Additionally, they can pursue damages for emotional trauma in the form of pain and suffering, as well as loss of enjoyment.

A number of factors can contribute to a boating accident however, frequently an individual or company is held liable for an accident that happens on the waterway because of their negligence. Common defendants are the boat owner or the owner of the boat or if the incident occurred when the victim was on a commercial vessel, the employer of that person.

Workers Compensation benefits are offered for boaters injured in an accident. However it is a different procedure from filing an injury lawsuit in the event of the same incident.

Filing

A serious boating crash can be devastating regardless of whether you own a luxury yacht or a modest fishing boat. An experienced lawyer can help you in recovering damages for your loss.

Similar to car accidents anyone injured in a boating accident may file a personal injury lawsuit against the responsible party for damages. A successful lawsuit can pay medical expenses, lost wages, pain and suffering, and other financial losses due to the incident. The degree of your injuries plays an important role in determining how the defendant will be liable to you. For instance, a patient who suffers a brain injury traumatic or a serious 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 causation. This means that the defendant failed to fulfill their duty of exercising reasonable care in order to avoid harming others on the water and that was the cause of your injuries. Examples of breaches include being drunk on a boat, recklessly loosing control of a vessel or not allowing enough space for other vessels.

An experienced attorney will evaluate the evidence and determine who is responsible for the accident. They will also negotiate on behalf of you with the defendant's insurer and other legal counsel. If a settlement is not reached the case will be heard at trial, at which point the jury will make a final decision on the liability and damages.