A Lawyer Can Help You File a Boat Accident Lawsuit

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

In general, you might be able to obtain damages if you can prove that an individual or entity was liable to you under a duty of care, and then breached it. This resulted in your injuries. There are four primary elements to a successful boat accident lawsuit:

Damages

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

A jury's decision will depend on the severity of your injuries and how long you'll take to recover from them. The most severe injuries can result in larger settlement and jury awards. These injuries may include trauma to the brain (TBI) and spinal cord injury (SCI) and permanent disfigurement.

It may be difficult to decide who is liable for your boating accident. Your lawyer will determine the reason for the incident and identify parties who may be liable for your loss. This could include the owner of the boat, other boat drivers as well as any other individuals who were on board when the accident took place.

In certain instances, it may be possible to sue the boat's manufacturer if it can be proven that the defective component was responsible for your injury. This is referred to as product liability and falls under the same laws as auto manufacturers. Contact an attorney as quickly as you're able to if you're thinking about making this claim. An attorney can guide you through the process and ensure that all eligible damages are awarded.

Liability

It is important to understand that, like car accidents, a boating accident lawsuit must prove four elements in order to be successful. This involves proving the defendant's duty of care, breach of that duty of care, actual damages and causation. This is a complicated task that requires the knowledge of an attorney for personal injuries.

Unsuspecting and negligent behavior can lead to accidents while boating. Similar to the rules of driving there are safety regulations that must be followed. Furthermore, if an accident occurred due to the person operating the boat under the influence of alcohol or drugs, he or she may be held accountable. Due to the unstable nature and the conditions of water and weather, boating requires a high concentration and awareness.

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 expenses could include medical bills directly and lost wages due to missed work. These can also include damages to property and suffering and pain. If you have health coverage generally, it will pay for a portion of these expenses. This is especially relevant to maritime workers who are entitled under the Jones Act to compensation, a century old regulation that offers injured maritime workers a similar pathway to recovery to workers who receive compensation.

Preparation

Compensation for damages can help families cope with the financial burdens associated with their losses. Like car accidents, boat accidents often involve multiple parties who may share liability for the incident, making it important to seek out competent legal representation when seeking compensation.

Usually, victims of boat accidents are able to obtain the same damages that they would be able to recover in a car accident lawsuit, including damage to property, medical costs and lost wages due to time missed at work. Additionally, they can seek damages for emotional trauma and suffering and loss of enjoyment in their lives.

A number of factors could cause an accident on the water however, often an individual or company is held liable for an accident that occurs on the waterway as a result of their negligent behavior. Boat owners, boat operators and employers are all common defendants.

In some instances, a person who works on a vessel can claim workers' compensation if they are injured in an accident, however it's usually an independent process from filing an injury claim on behalf of a person injured in the same incident.

Filing

Whether you own a palatial yacht or a quaint fishing boat, a boating accident can be catastrophic. An experienced lawyer can help with obtaining compensation for your loss.

Similar to car accidents, anyone injured in a boating incident may pursue a personal injury suit against the party at fault for damages. A successful claim can cover medical expenses, lost income, pain and discomfort, and other financial losses resulting from the incident. The degree of your injuries plays an important part in how the defendant is likely to owe you. For instance, a person with a serious brain injury or a serious spinal cord injury is likely to face substantial medical bills as well as loss of future earning capacity.

In addition to showing negligence, a plaintiff must also establish the causation. This means that your injuries were caused by the defendant's inability to exercise reasonable care to avoid harming others while on water. A few examples of breaches include being drunk on a boat, recklessly loosing control of a boat or not allowing enough space for other vessels.

An experienced attorney will evaluate the evidence and determine who is accountable for your accident. They can also negotiate with the insurance company of the defendant and other legal counsel on your behalf. If a settlement is not reached the case will be heard at trial, where the jury will decide on the liability and damages.