A Lawyer Can Help You File a Boat Accident Lawsuit

A boating accident could cause severe medical expenses as well as financial hardship, and possibly bankruptcy. A lawyer can help you get you the compensation you deserve.

In general, you can seek damages by proving that an individual or entity was obligated to you with a duty of care and failed to fulfill 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 can include medical expenses lost wages, future earning capacity, property damage, suffering and emotional suffering.

The amount a jury awards will be contingent on the severity of your injuries as well as how long you will need to recover from them. Catastrophic injuries usually result in higher settlements and jury awards. These injuries can include brain injuries that are traumatic (TBI) and spinal cord injury (SCI), and permanent disfigurement.

It is often difficult to determine who is who is responsible for the boating accident. Your lawyer will determine the reason for the incident, and determine that could be responsible for your losses. This could include the boat accident owner as well as any other boat drivers or anyone else who was aboard at the time of the incident.

In some cases it may be possible to make a claim against the manufacturer of the boat if there's evidence of a defective part that caused your injury. This is called product liability, and falls under laws that are applicable to automobile manufacturers. It is crucial to speak with an attorney as soon as possible should you be considering this kind of claim. An attorney will be able to guide you through the process and help ensure that all damages eligible are recovered.

Liability

It is crucial to realize that, like car accidents the lawsuit for a boating incident must show four elements in order to be successful. This includes proving a defense's duty to pay, breach of obligation, actual damages, and causation. This isn't an easy task, and requires the expertise of a skilled personal injury lawyer.

Unsuspecting and negligent behavior can lead to accidents while boating. Safety regulations for boating are to be followed, just like road rules. If the accident was the result of an operator's alcohol or drug use and they are found to be responsible. Due to the unstable nature and the conditions of water and weather, boating requires a high concentration and vigilance.

A successful boating accident lawsuit will result in compensatory damages which are designed to compensate the victim for their expenses and losses. These expenses could include direct medical expenses and lost wages due a loss of work. They also include property damage and pain and suffering. If you have health insurance generally, it will cover a portion of these costs. This is particularly relevant for maritime workers which are entitled to compensation through the Jones Act, a century-old regulation that provides injured maritime employees with a way to recover similar to workers' compensation.

Preparation

While no amount of money can bring the family member who has been injured or killed in an accident on the water however, compensation for damages could help families deal with the costs that result from their losses. Like car accidents, boating accidents usually involve multiple parties that may be responsible for the collision. It is crucial to have a competent legal advocate when seeking damages.

Usually victims of boat accidents can recover the same types of damages as in a car crash lawsuit which includes damage to property, boat accident lawsuit medical costs and lost wages due to the time they missed at work. In addition, they may seek damages for emotional trauma, pain and suffering and loss of enjoyment of life.

Many factors can lead to accidents on boats, but many times an individual or company is responsible for an accident that happens on the waterway because of their negligent behavior. The most common defendants are the boat operator or the owner of the boat or if the accident occurred during the time the victim was on an commercial vessel, it is the employer of the individual.

Workers' compensation benefits are provided to boaters who are injured in an accident. However this is a distinct procedure than filing an injury lawsuit in the event of the same incident.

Filing

If you own a grand yacht or a simple fishing vessel, a serious boating accident could be catastrophic. An experienced lawyer can help you in obtaining damages for your losses.

Similar to car accidents the person who is injured in a boating accident may bring a personal injury lawsuit against the at-fault party for damages. A successful claim could pay for medical expenses loss of income, pain and discomfort, and other financial losses that result from the incident. The degree of your injuries plays a significant role in determining the defendant is likely to owe you. For instance, a person suffering from a brain injury that is traumatic or a serious spinal cord injury is likely to have significant medical bills as well as loss of future earning capacity.

A plaintiff must prove negligence and the causation. This means that your injuries were caused by the defendant's failure to exercise reasonable care to avoid harming others on water. Examples of breaches include driving a boat intoxicated, recklessly loosing control of a vessel, or not allowing enough space for other vessels.

A seasoned attorney can review the evidence to determine which parties are responsible for the accident. They can also negotiate with the defendant's insurance company and other legal counsel on your behalf. If you cannot reach a settlement, your case will be tried and the jury will make a decision on liability and damages.