A Lawyer Can Help You File a Boat Accident Lawsuit

A boating accident can cause serious medical bills financial strain and bankruptcy. A lawyer can help get you the money you deserve.

In general, you can claim damages by proving that an individual or boating entity has a duty of care and violated it, leading to your injuries. A successful lawsuit for a boat accident involves four main elements:

Damages

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

The amount of money you receive from a jury will depend on the severity of your injury, and how long it will take you to recover. Catastrophic injuries are more likely to result in larger settlement and jury awards. They could include traumatic brain injury spinal cord injuries, and permanent disfigurement.

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

In certain cases it is possible to file a claim against the manufacturer of the boat, if there's evidence that it was 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 imperative to speak with an attorney as soon as you can if you are considering pursuing this kind of claim. The attorney will be able to guide you through the process and ensure that all the damages you are entitled to are awarded.

Liability

It is important to know that, like a car accident an injury lawsuit against a boating company must prove four elements in order to be successful. This includes proving the defendant's obligation of care, the breach of that duty of care, actual damages, and causation. This is not an easy job, and requires the skill of a seasoned personal injury lawyer.

Inattention and recklessness can result in boating accidents. Safety regulations for boating must be adhered to just like road rules. If the accident was caused by the driver's drinking or drug use the person could also be found to be responsible. Because of the unpredictable nature of the water and weather boating requires a higher level of attention and awareness.

In the event of a successful case involving a boating accident, the victim can recover compensation damages to cover their losses and costs. These expenses include direct medical costs and lost wages resulting from missing work, property damage and pain and suffering and many more. If you have health insurance, it will usually cover a portion of these costs. This is particularly relevant to maritime workers who have access to the Jones Act to compensation, a century old regulation that provides injured maritime workers with a similar pathway to recovery to workers' compensation.

Preparation

Compensation for injuries can help families cope with the financial burdens associated with their losses. Like car accidents boating accidents often involve multiple parties who may be responsible for the collision. It is important to consult a professional lawyer when seeking damages.

In most instances, victims of boating accidents are able to recover the same type of damages as they could in a car crash case which includes property damage and medical expenses, along with lost wages due the absence of work. Additionally, they can seek damages for emotional trauma and pain and suffering, and also the loss of enjoyment from their lives.

Boating accidents can be caused by a number of causes, however in most cases, an individual or company is held responsible for boating an incident on an waterway because of their carelessness. Common defendants are those who operate the boat or the owner of the boat, or, if the accident occurred while the victim was on commercial vessels, the employer of that person.

In some cases the person who works on a boat may be eligible for workers' compensation benefits in the event that they are injured in an accident, however it is usually an independent process from filing a personal injury claim for the same incident.

Filing

A serious boating accident is devastating regardless of whether or not you own a luxurious yacht or a small fishing boat. An experienced lawyer can assist with obtaining compensation for your loss.

Someone who is injured in an incident on the water can pursue a personal injury suit against the person who was at fault for damages. A successful claim could pay for medical expenses loss of income, discomfort and pain, as well as other financial losses that result from the incident. The severity of your injuries will determine how much you are owed by the defendant. For example, a victim with a serious brain injury or a severe spinal cord injury is likely to have significant medical bills and loss of future earning capacity.

In addition to showing negligence the plaintiff must also establish the causation. This means that the defendant breached their duty of exercising reasonable care to prevent harm to others on the water, and it was the sole cause of your injuries. A few examples of breaches include operating a boat under the influence of alcohol or recklessly losing control of a vessel, or failing to allow enough room for other vessels.

An experienced lawyer will analyze the evidence and determine who is at fault for the accident. The attorney can also negotiate with the defendant's insurance company and other legal counsel on your behalf. If a settlement is not reached the case will be heard at trial, at which point the jury will decide on liability and damages.