A Lawyer Can Help You File a Boat Accident Lawsuit

A boating accident could cause severe medical expenses financial strain and bankruptcy. A lawyer can help get you the money you deserve.

In general, you could be able recover damages if you can prove that a person, or entity that owed you a duty of care, but then violated it. This led to your injuries. There are four main aspects to a successful boat accident lawsuit:

Damages

As in other personal injury cases, boat accidents accident victims are entitled to compensation for their losses. These damages could include medical expenses lost wages, future earning capacity as well as property damage, pain and suffering, and emotional anxiety.

The amount you are awarded by the jury will be contingent on the severity of your injuries, and how long it takes you to recover. The most severe injuries can result in higher settlements and jury awards. These injuries could include traumatic brain injury (TBI) or spinal cord injury (SCI), and permanent disfigurement.

It is often difficult to determine the person accountable for your boating incident. Your attorney will determine the cause of the incident and identify those that could be responsible for your losses. This could include the boat owner as well as any other boat drivers, or anyone else aboard at the time of the accident.

In some cases, it might also be possible to pursue a claim against a manufacturer of the boat if there is evidence that the boat had a defective component that caused your injury. This is referred to as product liability and is governed by laws that govern automobile manufacturers. It is imperative to speak with an attorney as soon as possible should you be considering this type of claim. The lawyer can guide you through the entire process and ensure that all damages are recovered.

Liability

It is important to know that, like an automobile accident the lawsuit for a boating incident must prove four elements to be successful. This involves proving the defendant's duty of care, breach of that duty of care, the actual damages, and causation. It is a difficult task that requires the experience of an attorney who specializes in personal injury.

Boating accidents can be caused by many various factors, such as negligence and recklessness. Safety regulations for boats must be adhered to similar to road rules. If the accident was caused by the driver's intoxication or drug use or use, they could be held responsible. Because of the unpredictable nature of the water and weather, boating requires a high concentration and awareness.

In the event of a successful case involving a boating accident the victim could be awarded compensation for their losses and costs. These expenses could include direct medical bills and lost wages due to missing work. They also include property damage and pain and suffering. If you have health insurance generally, it will pay for a portion of these expenses. This is particularly relevant for maritime workers who are covered by the Jones Act to compensation, which is a law dating back to the 1800s that provides injured maritime workers with the same pathway to recovery to workers compensation.

Preparation

Compensation for damages can help families to cope with the financial burdens that come with their losses. Similar to car accidents boating accidents typically involve multiple parties who may share responsibility for the crash. It is important to hire a reputable legal representative when seeking damages.

In most cases those who suffer from boating accidents can recover the same type of damages as they could in a car accident which includes property damage and medical expenses, plus lost wages due the absence of work. They may also seek compensation for emotional trauma, suffering and also loss of enjoyment in their lives.

A number of factors can cause an accident while boating however, often an individual or company is responsible for an accident that occurs on the waterway due to of their negligence. The most common defendants are the operator of the boat as well as the owner of the boat or if the accident occurred when the victim was on an commercial vessel, it is the employer of the person who was responsible for the accident.

In some instances it is possible that a person working on a boat may be eligible for workers' compensation benefits if they are injured in an accident, but it's usually distinct from filing an injury claim in the event of the same incident.

Filing

Whether you own a palatial yacht or a small fishing vessel, a serious boating accident can be devastating. A skilled attorney can help you recover damages for your losses.

As with car accidents, a person injured in a boating collision may pursue a personal injury suit against the party at fault for damages. A successful claim could pay for medical expenses loss of income, discomfort and pain, and other financial losses resulting from the incident. The severity of your injuries will determine how much you owe the defendant. For instance, a patient with a serious brain injury or a severe spinal cord injury is likely to have significant medical bills and lose future earning capacity.

A plaintiff must prove both negligence and the causation. This means that your injuries resulted from the defendant's failure to exercise reasonable care in order to avoid harming others while on water. Examples of breaches include drinking on a boat while drunk and recklessly losing control of a boat or failing to allow enough room for other vessels.

An experienced attorney can evaluate the evidence to determine who are accountable for your accident. They will also negotiate on behalf of you with the insurance company of the defendant as well as other legal counsel. If a settlement cannot be reached, your case will go to trial, where the jury will make a decision on liability and damages.