A Lawyer Can Help You File a Boat Accident Lawsuit

A boating accident can lead to severe medical bills as well as financial hardship, and possibly bankruptcy. An attorney can help get you the compensation you deserve.

In general, you might be able to recover damages if you can prove the person or entity was liable to you under a duty of care, but then violated it. This caused your injuries. A successful boat accident lawsuit involves four main elements:

Damages

Boat accident victims are entitled, as do other victims of personal injuries, to compensation for their losses. These damages include medical expenses, lost earnings and future earning potential damages to property, emotional distress, and suffering and pain.

The amount you receive from the jury will depend on your injuries and the length of time it will take you to recover. Settlements and jury awards tend to be greater for serious injuries. They could include traumatic brain injuries, spinal cord injuries and permanent disfigurement.

It may be difficult to determine who should be held liable for your boating accident. Your attorney will determine the cause of the incident and determine who that may be responsible for your loss. This could include the boat's owner or any other boat driver, or anyone else who was aboard at the time of the accident.

In certain cases it is possible to pursue a claim against a manufacturer of the boat if there is evidence of a defective part that caused your injury. This is called product liability and is governed by laws that are applicable to automobile manufacturers. It is imperative to speak with an attorney as soon as you can in the event that you are contemplating pursuing this type of claim. An attorney can guide through the entire process and ensure that the damages are fully compensated.

Liability

It is vital to remember that, much like a lawsuit for a car accident, a boating injury lawsuit needs to demonstrate four elements in order to be successful. This includes proving a defense's duty in breach, breach of this duty, actual damages and Boat Accident lawsuit causation. This isn't an easy job, and requires the expertise of an experienced personal injury lawyer.

Boating accidents are often caused by different factors, including recklessness and negligence. Like the normal rules of driving there are safety regulations that must be followed. Additionally, if the accident occurred due to the operator being under the influence of alcohol or drugs, he or she may be held liable. It is also crucial to remember that boating activities require the greatest amount of attention and awareness, due to the unpredictability of the weather and water.

A successful boating accident lawsuit can recover compensatory damages, which are designed to pay the victim for their costs and losses. These expenses can include direct medical expenses and lost wages due to missing work. They also cover property damage and suffering and pain. If you have health insurance, they will usually cover some of these costs as well. This is particularly true for maritime workers, who are covered through the Jones Act, a century-old regulation that provides injured maritime employees with a path to recovery similar to workers' compensation.

Preparation

Compensation for damages can help families cope with the financial burdens that come with their losses. As with car accidents, boating accidents usually involve multiple parties who may be responsible for the collision. It is important to consult a professional lawyer when seeking damages.

In most cases those who suffer from boating accidents are able to recover the same types damages as they could in a case involving a car accident such as property damage and medical expenses, in addition to the loss of wages resulting from missing work. In addition, they are able to claim damages for emotional trauma or pain and suffering as well as loss of enjoyment.

Boating accidents can be caused by a number of causes, however in the majority of cases, an individual or company is held responsible for an accident occurring on the waterway due to their inattention. The typical defendants are the boat operator or the owner of the boat or if the incident occurred during the time the victim was on a commercial vessel, the employer of the individual.

In certain instances it is possible that a person working on a boat can file for workers' compensation if they are injured in an accident, however that is typically an independent process from filing an injury claim in the event of the same incident.

Filing

A serious boating accident can be devastating regardless of whether or not you own a luxury yacht or a smaller fishing boat. An experienced attorney can assist you in recovering damages for your losses.

Someone who is injured in an incident on the water can bring a personal injury lawsuit against the party at fault for damages. A successful claim could cover medical expenses loss of wages, pain and suffering, and other financial losses relating to the incident. The severity of your injury will determine the amount you owe the defendant. A victim with a severe spinal cord injury or brain injury is likely to be hit with massive medical bills and a loss of future earnings potential.

In addition to proving negligence A plaintiff must also establish the causality. This means that your injuries resulted from the defendant's inability to exercise reasonable care in order to avoid harming others on water. Examples of violations include driving a vessel while intoxicated, recklessly losing control of a vessel or failing to leave enough space for other boats.

An experienced lawyer can analyze the evidence to determine who are responsible for your accident. He or she can also negotiate with the insurance company of the defendant and other legal counsel on behalf of you. If you do not reach a settlement, the case will be argued and boat accident lawsuit the jury will decide on liability and damages.