A Lawyer Can Help You File a Boat Accident Lawsuit

A boating accident could cause serious medical bills as well as financial hardship, and possibly bankruptcy. A lawyer can assist you to receive the compensation you deserve.

In general, you may be able to obtain damages if you can prove that the person or entity, owed you an obligation of care, but then breached it. This led to your injuries. A successful lawsuit involving a boat accident involves four main elements:

Damages

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

A jury's verdict 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 severe injuries. These injuries can include brain injuries that are traumatic (TBI) as well as spinal cord injury (SCI), and permanent disfigurement.

It can be difficult to determine who should be held liable for your boating accident. Your attorney will assess the cause of the accident and identify the parties that could bear liability for your loss. This could include the owner of the boat, other drivers on the boat as well as any other individuals who were present when the incident occurred.

In certain cases it may be possible to file a claim against the manufacturer of the boat in case there is evidence that the boat had a defective part that caused your injury. This is called product liability and is governed by laws that are applicable to automobile manufacturers. It is imperative to speak with an attorney as soon as you can when you're considering pursuing this kind of claim. The lawyer can guide you through the process and help ensure that all eligible damages are recovered.

Liability

It is important to know that just like with an automobile accident, a boating accident lawsuit must demonstrate four elements to be successful. This includes proving a defendant's duty to pay, breach of obligation, actual damages and causation. This isn't an easy job, and requires the skill of an experienced personal injury lawyer.

Boating accidents can be caused by many different things, including negligence and recklessness. Safety regulations for boating must be followed, just like road rules. If the accident was caused by the driver's alcohol or drug use or use, boat accidents they could be held accountable. It is important to keep in mind that boating operations require an intense level of awareness and attention due to the unpredictability of the weather and water.

A successful lawsuit involving a boating accident could result in compensatory damages, which are designed to compensate the victim for their expenses and losses. These costs comprise direct medical bills and lost wages resulting from absence from work, property damage or injury, and many more. In addition, if you have health insurance, they typically cover a portion of these expenses as well. This is especially relevant to maritime workers who have access through the Jones Act to compensation, a century old regulation that gives injured maritime workers the same pathway to recovery to workers compensation.

Preparation

While no amount of money will bring the family member who was injured or killed in an accident on the water but compensation for the damages can aid families in coping with the costs that result from their losses. But, just like car accidents, boat collisions usually involve multiple parties that may share responsibility for the crash, which is why it important to seek out an experienced legal counsel in seeking compensation.

Typically those who suffer from boat accidents are able to get the same kinds of damages as in a lawsuit involving a car accident, including injuries to property, medical expenses and lost wages due to time missed at work. Additionally, they can seek damages for emotional trauma, suffering in addition to loss of enjoyment in their lives.

There are a variety of factors that can contribute to accidents on boats however, often businesses or individuals are held accountable for an incident that happens on the waterway because of their reckless behavior. The most common defendants are the operator of the boat or the owner of the boat or if the incident occurred when the victim was on commercial vessels, the employer of the person who was responsible for the accident.

Workers can avail compensation to boaters who are injured in an accident. However, this is a different procedure from filing a personal injury lawsuit for the same incident.

Filing

No matter if you own a luxurious yacht or a quaint fishing vessel, a serious boating accident can be devastating. An experienced attorney can help you recover damages for your loss.

Like car accidents, a person injured in a boating accident may make a personal injury claim against the party responsible for the accident to claim damages. A successful claim can cover medical expenses and lost wages, as well as suffering and other financial losses related to the incident. The severity of your injuries play a big role in how the defendant will be liable to you. A person who has suffered a serious spinal cord injury or traumatizing brain damage is likely to face high medical bills and a loss of future earnings potential.

A plaintiff must prove both negligence and causation. This means that the defendant did not fulfill their duty to exercise reasonable care to prevent harm to others on the water, and it was the sole cause of your injuries. Examples of breaches include operating a boat drunk, and thereby losing control of the vessel, or failing to leave enough room for other vessels.

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