A Lawyer Can Help You File a Boat Accident Lawsuit

A boating accident can result in hefty medical bills as well as financial hardship, and possibly bankruptcy. A lawyer can help obtain the compensation you need.

In general, you can recover damages by proving that a person or entity was obligated to you with a duty of care and breached it, leading to your injuries. There are four primary elements to a successful boat accident lawsuit (vimeo.com):

Damages

Like other personal injury cases, boat accident victims are entitled to compensation for their losses. These damages can include medical expenses loss of wages, future earning capacity, property damage, suffering and emotional stress.

A jury award will depend on the severity of your injuries as well as how long you will need to recover from them. Settlements and jury awards tend to be higher for serious injuries. These injuries may include brain injuries that are traumatic (TBI), spinal cord injury (SCI), and permanent disfigurement.

It can be difficult to determine the person accountable for your boating incident. Your attorney will determine the reason for the incident and determine who which could be accountable for your losses. This could include the owner of the boat, other drivers on the boat, or any other people who were present when the incident took place.

In some cases it may be possible to make a claim against the manufacturer of the boat if there is evidence that the boat had a defective part that caused your injury. This is known as product liability and is covered by the laws that govern automobile manufacturers. Contact an attorney as soon as you can if you are thinking of making this claim. An attorney will be able to guide you through the process and ensure that all damages eligible are awarded.

Liability

It is crucial to realize that, like car accidents an injury lawsuit against a boating company must demonstrate four elements to be successful. This includes proving that the defendant's duty of care, breach of this duty of care, actual damages and causation. This is not an easy task, and requires the skill of a skilled personal injury lawyer.

Negligence and recklessness can cause accidents while boating. Just like the standard rules of driving and boating, there are safety rules which must be adhered. If the accident was the result of intoxication or drug use, they may also be accountable. It is important to remember that boating operations require the greatest amount of awareness and concentration because of the unpredictable nature of weather conditions and the water.

A successful lawsuit for a boating accident will result in compensatory damages that are meant to compensate the victim for their expenses and losses. These costs can include direct medical expenses and the loss of wages due to absence from work. These can also include the cost of property damage as well as suffering and pain. Additionally, if you have health insurance, they will usually cover some of these expenses too. This is particularly applicable to maritime workers who are covered through the Jones Act, a century-old regulation that provides maritime workers injured with a means to recover similar to workers' comp.

Preparation

While no amount of money can 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 unexpected financial burdens that come with their losses. However, as with car accidents, boat collisions usually involve multiple parties that could share the blame for the accident, which makes it necessary to seek an experienced legal counsel when seeking compensation.

Typically the victims of boat accidents can recover the same types of damages as in a lawsuit involving a car accident which includes damages to property, medical expenses and lost earnings due to missed time at work. In addition, they can pursue damages for emotional trauma in the form of pain and suffering, as well as loss of enjoyment.

There are a variety of factors that can cause an accident on the water however, frequently businesses or individuals are responsible for an accident that occurs on the waterway because of their negligence. Boat operators, boat owners, and employers are common defendants.

In certain instances an employee on a boat accident attorney may be eligible for workers' compensation benefits in the event that they are injured in an accident, however this is typically an entirely different process from filing an injury claim for personal injury in the same incident.

Filing

If you own a grand yacht or a small fishing boat, a devastating boating accident could be catastrophic. An experienced lawyer can help you recover damages for your loss.

Like car accidents, the person who is injured in a boating accident may make a personal injury claim against the at-fault party for boat Accident Lawsuit damages. A successful lawsuit could cover medical expenses loss of income, discomfort and pain, as well as other financial losses resulting from the incident. The severity of your injuries will determine the amount you owe the defendant. A person suffering from a serious spinal cord injury or traumatizing brain injury will likely be facing significant medical bills and loss of earning potential in the future.

In addition to the need to prove negligence In addition, a plaintiff must prove causation. This means that your injuries were caused by the defendant's inability to exercise reasonable care in order to avoid harming others on water. Some examples of breaches are drinking on a boat while drunk, recklessly loosing control of a vessel, or not allowing enough space for other vessels.

An experienced lawyer will review the evidence and determine who is responsible for your accident. He or she can also negotiate on your behalf with the insurer of the defendant and other legal counsel. If a settlement is not reached, your case will be heard at trial, and at that point the jury will take a decision on the liability and damages.