A Lawyer Can Help You File a Boat Accident Lawsuit

A boating accident could cause serious medical bills, financial hardship and even bankruptcy. An attorney can help you obtain the compensation you need.

In general, you might be able to recover damages if you can prove that an individual, or a company was liable to you under 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

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

A jury's verdict 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. They may include traumatic brain injury, boat accident lawsuit spinal cord injuries and permanent disfigurement.

It is often difficult to determine the person accountable for your boating incident. Your attorney will determine the reason for the incident and identify parties that may be responsible for your losses. This could include the owner of the boat, any other drivers on the boat, or any other people who might have been aboard at the time that the accident occurred.

In some cases it may be possible to sue the manufacturer of your boat in the event that it is proved that a defective component caused your injury. This is called product liability and falls under the laws that govern automobile manufacturers. Contact an attorney as soon as you can if you're thinking of filing this type of claim. The lawyer will be able to guide you through the process and help ensure that all the damages you are entitled to are awarded.

Liability

It is important to know that, similar to car accidents an injury lawsuit against a boating company must demonstrate four elements to be successful. This includes proving the defendant's obligation of care, breach of the duty of care, actual damages and the causation. This is not an simple task, and requires the skill of a seasoned personal injury lawyer.

Recklessness and negligence can cause accidents while boating. Just like the standard rules of driving, there are boating safety regulations to be adhered to. If the accident was the result of an operator's drunkenness or use of drugs and they are held accountable. Because of the unpredictable nature and conditions of weather and water, boating requires a high level of awareness and attention.

A successful lawsuit involving a boating accident could result in compensatory damages, which are intended to compensate the victim for their costs and losses. These expenses could include direct medical expenses and lost wages due a loss of work. They also cover damages to property and pain and suffering. If you have health coverage the insurance will typically cover a portion of these costs. This is particularly relevant for 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, boating accidents typically involve several parties that could share responsibility for the crash. It is essential to seek experienced legal representation in the event of a claim for damages.

Typically, victims of boat accidents are able to get the same kinds of damages as they would in a lawsuit for car accidents that includes injuries to property, medical expenses and lost wages resulting from time lost at work. They can also seek damages for emotional trauma and suffering as well as loss of enjoyment in their lives.

Many factors can contribute to a boating accident however, often a person or business is held accountable for an incident that occurs on the waterway because of their negligence. The most common defendants are the operator of the boat or the owner of the boat accident lawsuit or if the accident occurred when the victim was on an commercial vessel, it is the employer of that person.

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

Filing

It doesn't matter if you have a lavish yacht or a small fishing boat, a devastating boating incident can be devastating. A skilled attorney can help you recover damages for your loss.

Someone who is injured in a boating incident may bring a personal injury lawsuit against the party responsible for damages. A successful claim could pay for medical expenses as well as lost income, discomfort and pain, and other financial losses resulting from the incident. The severity of your injury will determine the amount you owe the defendant. For instance, a person suffering from a brain injury that is traumatic or a severe spinal cord injury is likely to be faced with substantial medical bills as well as loss of future earning capacity.

In addition to the need to prove negligence the plaintiff must also establish the cause of the injury. This means that the defendant breached their duty to exercise reasonable care to avoid hurting other boaters and this was the primary cause of your injuries. Examples of violations include driving a vessel while drunk, or swerving away from control of a vessel or not leaving enough room for other boats.

A seasoned attorney can review the evidence to determine who are responsible for the accident. He or she can also negotiate with the insurance company of the defendant and other legal counsel on your behalf. If you cannot reach a settlement, your case will be tried, and the jury will rule on damages and liability.