A Lawyer Can Help You File a Boat Accident Lawsuit

A boating accident could result in hefty medical bills, financial hardship and even bankruptcy. A lawyer can help receive the compensation you deserve.

In general, you might be able to recover damages in the event that you can prove an individual or entity, owed you an obligation of care, and then breached it. This resulted in your injuries. A successful boat accident lawsuit comprises four major elements:

Damages

Boat accident victims are entitled, along with other victims of personal injury, to compensation for their losses. These damages include medical expenses, lost earnings, future earnings potential and property damage, emotional distress, and pain and suffering.

A jury's decision will depend on the severity of your injuries and the length of time you'll need to recover from them. Settlements and jury awards tend to be higher for catastrophic injuries. They can include traumatic brain injury spinal cord injuries and permanent disfigurement.

It may be difficult to determine who should be held liable for your boating accident. Your lawyer will determine the cause of the incident, and determine which could be accountable for your losses. This could include the owner of the boat or any other boat driver or anyone else aboard at the time of the incident.

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 component that caused your injury. This is known as product liability, and falls under laws that are applicable to automobile manufacturers. Contact an attorney as quickly as you can if you're considering filing this type of claim. The attorney will be able to guide you through the process and ensure that all damages eligible are recouped.

Liability

It is important to recognize that just like with car accidents, a lawsuit involving a boating accident must prove four elements to be successful. This includes proving a defendant's responsibility in breach, breach of this duty, actual damages and causation. It's a challenging job that requires the expertise of a personal injury lawyer.

Unsuspecting and negligent behavior can lead to accidents while boating. Like the standard rules of driving there are boating safety rules which must be adhered. If the accident was the result of drinking or drug use the person could also be held responsible. Because of the unstable nature and the conditions of water and weather boating requires a high level of attention and awareness.

A successful lawsuit for a boating accident could result in compensatory damages, which are meant to pay the victim for Boat Accident Lawsuit their costs and losses. These costs include direct medical costs, lost wages from missing work as well as property damage and pain and suffering and more. If you have health coverage generally, it will cover some of these costs. This is particularly relevant for maritime workers who are entitled under the Jones Act to compensation, an old law that gives injured maritime workers the same path to recovery to workers compensation.

Preparation

While no amount of money can bring back a loved one who has been injured or killed in a boating accident however, compensation for damages could help families deal with the costs that result from their losses. Like car accidents, boating accidents typically involve several parties that could be responsible for the collision. It is crucial to hire a reputable legal representative in the event of a claim for damages.

Usually victims of boat accidents are able to recover the same types of damages as they would in a car crash lawsuit which includes damages to property, medical expenses and lost wages due to the time they missed at work. They can also seek damages for emotional trauma and pain and suffering, as well as loss of enjoyment of their lives.

There are a variety of factors that can contribute to accidents on boats, but many times a person or business is held accountable for an incident that occurs on the waterway because of their negligent behavior. Boat operators, boat accident lawyer owners and employers are all common defendants.

In some cases it is possible that a person working on a vessel can claim workers' compensation benefits in the event that they are injured in an accident, however it is usually an entirely different process from filing a personal injury claim for the same incident.

Filing

A serious boating crash can be devastating, regardless of whether you own a luxury yacht or a modest fishing boat. An experienced lawyer can assist you in obtaining compensation for your loss.

As with car accidents, anyone injured in a boating accident could make a personal injury claim against the party at fault for damages. A successful lawsuit could cover medical expenses as well as lost income, discomfort and pain, and other financial losses as a result of the incident. The severity of your injury will determine the amount you are owed by the defendant. A victim with a severe spinal cord injury, or traumatic brain injury will likely be facing massive medical bills and a loss of earning potential in the future.

A plaintiff must prove both negligence and causation. This means that the defendant breached their duty to exercise reasonable care to avoid harming other boaters and this was the primary cause of your injuries. Some examples of breaches are being drunk on a boat, recklessly loosing control of a boat or failing to allow enough room for other vessels.

An experienced attorney will evaluate the evidence and determine who is at fault for your accident. He or she can also negotiate with the defendant's insurance company and other legal counsel on your behalf. If a settlement is not reached, your case will go to trial, where the jury will decide on liability and damages.