A Lawyer Can Help You File a Boat Accident Lawsuit
A boating accident could cause severe medical bills and financial stress. A lawyer can help you obtain the compensation you need.
In general, you can claim damages by proving that a person or entity owed you a duty of care and violated it, resulting in your injuries. There are four major elements to a successful lawsuit for a boat accident:
Damages
Boat accident victims are entitled, along with other personal injury victims, to compensation for their losses. These damages include medical expenses,
Boat Accident lost earnings and future earning potential and property damage, emotional distress, and suffering and pain.
The amount you receive from the jury will depend on the severity of your injury and the length of time it takes you to recover. Catastrophic injuries usually result in larger settlement and jury awards. These can be traumatic brain injury (TBI) and spinal cord injury (SCI) and permanent disfigurement.
It is often difficult to determine who was who is responsible for the boating accident. Your attorney will determine the reason for the incident and identify parties who may be liable for your losses. This could include the owner of the vessel, any other
boat accident lawyer drivers, or anyone else who was aboard at the time of the accident.
In some cases it may be possible to file a claim against the manufacturer of the boat in case there is evidence of an issue with the part that caused your injury. This is referred to as product liability and is governed by laws that govern automobile manufacturers. It is crucial to speak with an attorney as soon as you can should you be considering this type of claim. An attorney will be able to guide you through the process and ensure that all damages eligible are recouped.
Liability
It is crucial to understand that, much like a car accident lawsuit the boating injury lawsuit has to prove four elements to be successful. This includes proving a defendant's responsibility to perform this duty, the breach of that obligation, actual damages, and the causation. This isn't an easy job, and requires the skill of a seasoned personal injury lawyer.
Recklessness and negligence can cause boating accidents. Similar to the rules of driving there are boating safety rules which must be adhered. If the accident was caused by the operator's drinking or drug use, they may also be held responsible. Due to the unpredictable nature and conditions of weather and water boating requires a high level of awareness and attention.
In the event of a boating accident that is successful the victim is entitled to compensation damages to cover their losses and expenses. These costs comprise direct medical bills and lost wages resulting from absence from work damages to property and pain and suffering and much more. If you have health coverage, it will usually cover some of these costs. This is especially applicable to maritime workers which are entitled to compensation through the Jones Act, a century-old regulation that provides injured maritime workers with a pathway to recovery similar to workers' comp.
Preparation
Compensation for damages can help families deal with the financial burdens associated with their losses. But, just like car accidents, boat crashes typically involve multiple parties who may share responsibility for the crash, making it crucial to find knowledgeable legal counsel when seeking compensation.
Typically victims of boat accidents can obtain the same damages as they would in a lawsuit involving a car accident for damages to property, medical expenses and lost earnings due to missed time at work. They may also seek compensation for emotional trauma and suffering in addition to the loss of enjoyment from their lives.
A number of factors could cause an accident on the water and, in many cases, an individual or company is accountable for an accident that occurs on the waterway as a result of their reckless behavior. The typical defendants are the boat owner or the owner of the boat or, if the accident occurred while the victim was on commercial vessels, the employer of the person who was responsible for the accident.
In some instances an employee on a boat may be eligible for workers' compensation benefits in the event that they are injured in an accident, however it is usually an entirely different process from filing an injury claim in the event of the same incident.
Filing
It doesn't matter if you have a lavish yacht or a humble fishing boat, a boating accident can be catastrophic. A skilled attorney can assist you in obtaining damages for your losses.
As with car accidents, those who are injured in a boating accident could bring a personal injury lawsuit against the party at fault for damages. A successful claim can cover medical expenses loss of income, discomfort and
Boat Accident pain, as well as other financial losses resulting from the incident. The degree of your injuries plays an important part in how much the defendant must pay you. A victim with a severe spinal cord injury or traumatizing brain injury is likely to be hit with high medical bills and a loss of future earning potential.
A plaintiff must prove negligence and the causation. This means that the defendant did not fulfill their duty of exercising reasonable care in order to avoid harming others on the water and this was the direct cause of your injuries. Examples of breaches include driving a boat when intoxicated, recklessly losing control of a
boat accident law firm, or failing to leave enough room for other boats.
An experienced lawyer will review the evidence and determine who is at fault for your accident. He or she can also negotiate on your behalf with the insurer of the defendant and other legal counsel. If a settlement is not reached, your case will be heard at trial, and at that point the jury will decide on liability and damages.