A Lawyer Can Help You File a Boat Accident Lawsuit

A boating accident can cause severe medical expenses, financial hardship and even bankruptcy. A lawyer can help you obtain the compensation you need.

In general, you might be able to recover damages when you can prove that the person or entity, owed you an obligation of care, but then violated it. This caused your injuries. A successful lawsuit for a boat accident comprises four major elements:

Damages

Like other personal injury cases, victims of boat accidents are entitled to compensation for their losses. These damages can include medical expenses loss of wages, future earning capacity as well as property damage, pain and suffering, and emotional stress.

A jury award will depend on the severity of your injuries as well as the length of time you'll need to recover from them. Settlements and jury awards tend to be higher for severe injuries. These injuries may include trauma to the brain (TBI), spinal cord injury (SCI) and permanent disfigurement.

It is often difficult to determine the person responsible for your boating accident. Your attorney will assess the causes of the accident and determine any other parties who may be liable liability for your losses. This could include the owner of the boat, other drivers on the boat, or any other people who may have been on board when the accident took place.

In some cases, it might also be possible to bring a claim against the manufacturer of the boat if there is evidence of an issue with the part that caused your injury. This is known as product liability and is governed by laws that apply to automobile manufacturers. It is important to consult with an attorney as soon as you can if you are considering pursuing this kind of claim. The lawyer can guide you through the entire process and make sure that the damages are fully compensated.

Liability

It is crucial to realize that, just like car accidents an injury lawsuit against a boating company must show four elements in order to be successful. This includes proving the defendant's duty to pay, breach of duty, actual damages, and the causation. This isn't an easy job, and requires the expertise of a seasoned personal injury lawyer.

Inattention and recklessness can result in boating accidents. Safety rules for boating are to be followed, just like road rules. If the accident was the result of intoxication or drug use, they may also be accountable. It is important to keep in mind that boating operations require an intense level of awareness and concentration due to the unpredictability of weather and water conditions.

A successful lawsuit for a boating accident will result in compensatory damages which are intended to compensate the victim for their expenses and losses. These costs include direct medical costs loss of wages due to missed work damages to property and pain and suffering and more. Additionally, if have health insurance, they will typically cover some of these expenses as well. This is especially applicable to maritime workers who are entitled under the Jones Act to compensation, a century old regulation that provides injured maritime workers with the same pathway to recovery to workers compensation.

Preparation

Compensation for damages can help families deal with the financial burdens that come with their losses. Similar to car accidents boating accidents usually involve multiple parties who could be responsible for the collision. It is crucial to seek experienced legal representation when seeking damages.

Typically victims of boat accidents are able to recover the same types of damages that they would be able to recover in a lawsuit for car accidents, including property damage, medical expenses and lost wages due to the time they missed at work. They can also seek compensation for emotional trauma, pain and suffering, in addition to the loss of enjoyment from their lives.

Many factors can cause an accident while boating however, boat accident often an individual or company is held accountable for an incident that occurs on the waterway because of their negligence. Boat operators, boat accident law firm owners, and employers are common defendants.

In some instances an employee on a vessel can claim workers' compensation benefits if they are injured in an accident, but that is typically an independent process from filing an injury claim in the event of the same incident.

Filing

A serious boating accident can be devastating regardless of whether you own a luxury yacht or a smaller fishing boat. An experienced attorney can help you recover damages for your losses.

As with car accidents, those who are injured in a boating incident may bring a personal injury lawsuit against the responsible party for damages. A successful claim could cover medical expenses and lost wages, as well as pain and suffering, and other financial losses related to the incident. The severity of your injuries will determine how much you owe the defendant. For example, a victim suffering from a brain injury that is traumatic or severe spinal cord damage is likely to face substantial medical bills and loss of future earning capacity.

In addition to the need to prove negligence the plaintiff must also prove the cause of the injury. This means that your injuries were caused by the defendant's failure to exercise reasonable care to avoid harming others while on water. Examples of breaches include driving a vessel while drunk, and thereby losing control of a boat, or not leaving enough room for other boats.

An experienced lawyer will review the evidence and determine who is accountable for the accident. They can also negotiate with the insurance company of the defendant and other legal counsel on behalf of you. If a settlement is not reached, your case will go to trial, and at that point the jury will take a decision on liability and damages.