A Lawyer Can Help You File a Boat Accident Lawsuit

A boating accident could result in severe financial and medical bills. A lawyer can assist in getting you the compensation you're entitled to.

In general, you may be able to claim damages in the event that you can prove an individual, or a company was liable to you under a duty of care, and then violated it. This caused your injuries. A successful lawsuit involving a boat accident involves four main elements:

Damages

Like other personal injury cases, boat accident victims are entitled to compensation for their losses. These damages include medical expenses, lost earnings and future earning potential and property damage, emotional distress, and pain and suffering.

A jury's decision will depend on the severity of your injuries as well as how long you'll take to recover from them. Catastrophic injuries usually result in a larger settlement and jury awards. These injuries can include traumatic brain injury (TBI) as well as spinal cord injury (SCI) and permanent disfigurement.

It is often difficult to determine who was responsible for your boating accident. Your lawyer will determine the cause of the incident and determine who that may be responsible for your losses. This could include the owner of the boat, any other boat drivers or any other persons who may have been aboard when the incident occurred.

In some cases, it might also be possible to bring a claim against the manufacturer of the boat if there is evidence that it was a defective component that caused your injury. This is referred to as product liability and is governed by the same laws that apply to automobile manufacturers. Get an attorney's advice as soon as you're able to if you're thinking about filing this type of claim. An attorney can guide you through the process and ensure that all the damages you are entitled to are paid.

Liability

It is important to know that, just like an automobile accident an injury lawsuit against a boating company must show four elements to be successful. This includes proving the defendant's obligation of care, breach of this duty of care, actual damages and the causation. This is not an easy task, and requires the skill of a skilled personal injury lawyer.

Inattention and recklessness can result in boating accidents. Like the standard rules of the road there are safety rules to be adhered to. If the accident was the result of alcohol or drug use and they are held responsible. Because of the unstable nature and the conditions of weather and water boating requires a higher concentration and awareness.

A successful boating accident lawsuit will result in compensatory damages that are meant to pay the victim for their expenses and losses. These expenses include direct medical bills and lost wages resulting from missed work damages to property and pain and suffering and many more. Additionally, if you have health insurance, they usually cover some of these expenses as well. This is especially applicable to maritime workers who are entitled under the Jones Act to compensation, a century old regulation that offers injured maritime workers the same pathway to recovery to workers who receive compensation.

Preparation

While there is no way to bring the loved ones back who was injured or killed in an accident on the water however, compensation for damages could assist families with the financial burdens resulting from their losses. But, just like car accidents, boat accidents usually involve multiple parties that may share liability for the crash, which is why it necessary to seek an experienced legal counsel in seeking compensation.

Usually the victims of boat accidents are able to claim the same damages as they would in a lawsuit involving a car accident which includes property damage, medical expenses and lost wages resulting from time lost at work. Additionally, they can seek damages for emotional trauma in the form of pain and suffering, as well as loss of enjoyment.

Boating accidents can be caused by a number of factors, but in many cases a person or company is held responsible for an accident occurring on an waterway because of their carelessness. Boat owners, boat operators and employers are all common defendants.

In some instances the person who works on a boat can file for workers' compensation if they are injured in an accident, but this is typically an entirely different process from filing an injury claim in the event of the same incident.

Filing

A serious boating accident is devastating regardless of whether or not you own a luxurious boat or a simple fishing boat. An experienced attorney can help you recover damages for your losses.

A person injured in a boating accident may pursue a personal injury suit against the party responsible for damages. A successful claim can cover medical expenses loss of income, discomfort and pain, and other financial losses that result from the incident. The severity of your injuries will determine how much you owe the defendant. For instance, Boat accidents a victim suffering from a brain injury that is traumatic or severe spinal cord damage is likely to be faced with substantial medical bills and loss of future earning capacity.

In addition to showing negligence, a plaintiff must also establish the causality. This means that the defendant did not fulfill their duty to exercise reasonable care in order to avoid harming others on the water, and it was the sole cause of your injuries. Examples of breaches include operating a boat intoxicated, recklessly losing control of a boat, or failing to leave enough room for other vessels.

An experienced lawyer will review the evidence and determine who is responsible for boat accidents your accident. He or she can also negotiate with the defendant's insurance company and other legal counsel on behalf of you. If a settlement cannot be reached, your case will go to trial, where the jury will decide on the liability and damages.