A Lawyer Can Help You File a Boat Accident Lawsuit

A boating accident could result in severe medical bills and financial stress. A lawyer can assist you to obtain the compensation you need.

In general, you can claim damages by proving that an individual or entity was obligated to you with a duty of care and breached it, leading to your injuries. There are four major elements to an effective lawsuit over a boating accident:

Damages

Boat accident victims are entitled, along with 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, suffering and emotional stress.

The amount a jury awards will be contingent on the severity of your injuries as well as how long it will take you to recover from them. Settlements and jury awards tend to be higher when you suffer catastrophic injuries. They can include traumatic brain injury spinal cord injuries, and permanent disfigurement.

It could be difficult to determine who should be held responsible for your boating incident. Your lawyer will determine the cause of the incident, and determine who may be liable for your losses. This could include the owner of the boat, any other boat drivers or any other persons who might have been aboard at the time that the accident took place.

In certain cases, it might also be possible to file a claim against the manufacturer of the boat if there's evidence that it was a defective part that caused your injury. This is known as product liability, and falls under the same law as automobile manufacturers. Contact an attorney as quickly as you can if you're considering filing this type of claim. The attorney can guide you through the entire process and make sure that all damages are recovered.

Liability

It is important to know that, just like a car accident lawsuit a lawsuit for boating injuries must prove four elements to be successful. This involves proving the defendant's duty of care, the breach of that duty of care, actual damages, and the 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. Similar to the rules of the road and boating, there are safety rules which must be adhered. Additionally, if the accident was caused by the person operating the boat under the influence of alcohol or drugs and he or she could be held liable. It is crucial to remember that boating activities require an intense level of attention and awareness, due to the unpredictable nature of the weather and water.

A successful lawsuit involving a boating accident can recover compensatory damages, which are designed to compensate the victim for their expenses and losses. These expenses can include medical expenses directly and lost wages due a loss of work. They also include property damage and pain and suffering. If you have health insurance, it will usually cover some of these expenses too. This is particularly applicable to maritime workers who have access through the Jones Act to compensation, an old law that provides injured maritime workers with the same pathway to recovery to workers' compensation.

Preparation

While no amount of money will bring the loved ones back who has been injured or killed in a boating accident, compensation for damages can assist families with the costs that result from their losses. Like car accidents, boating accidents typically involve multiple parties who could share the blame for the accident, which makes it essential to seek competent legal representation in seeking compensation.

In most instances those who suffer from boating accidents will be able to claim the same types of damages that they would in a case involving a car accident that includes property damage, medical expenses, as well as lost wages due the absence of work. Additionally, they can seek damages for emotional trauma and pain and suffering, and also loss of enjoyment in their lives.

There are a variety of factors that can cause an accident on the water, but many times businesses or individuals are accountable for an accident that occurs on the waterway due to of their negligent behavior. Boat owners, boat operators, and employers are common defendants.

Workers' compensation benefits are available to boat workers who are injured in an accident. However it is a different process than filing personal injury lawsuits for the same incident.

Filing

A serious boating crash can be devastating, regardless of whether you own a luxurious yacht or boating a small fishing boat. An experienced attorney can assist you in obtaining damages for your losses.

Like car accidents, anyone injured in a boating accident may bring a personal injury lawsuit against the responsible party for damages. A successful claim may cover medical expenses, lost wages, pain and suffering, and other financial losses due to the incident. The severity of your injuries play a big role in how much the defendant must pay you. For example, a victim with a traumatic brain injury or severe spinal cord damage is likely to be faced with substantial medical bills as well as loss of future earning capacity.

In addition to proving negligence the plaintiff must also prove the causality. This means that the defendant breached their duty to exercise reasonable care to avoid hurting others on the water and this was the primary cause of your injuries. Examples of breaches include driving a boat intoxicated, recklessly loosing control of the vessel or not allowing enough space for other vessels.

An experienced lawyer will analyze the evidence and determine who is responsible for your accident. The attorney will also negotiate on behalf of you with the insurer of the defendant and other legal counsel. If you cannot come to a deal, your case will be tried and the jury will make a decision on liability and damages.