A Lawyer Can Help You File a Boat Accident Lawsuit

A boat accident can result in severe financial and medical bills. An attorney can help you get the compensation you deserve.

In general, you might be able to obtain damages when you can prove that an individual, or a company, owed you an obligation of care, but then violated it. This resulted in your injuries. There are four key elements to a successful lawsuit for a boat accident:

Damages

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

The amount you are awarded by the jury will depend on your injuries, and how long it will take for you to recover. Catastrophic injuries are more likely to result in higher settlements and jury awards. They could include traumatic brain injuries, spinal cord injuries and permanent disfigurement.

It may be difficult to decide who is responsible for the boating accident. Your lawyer will determine the cause of the incident and determine who that could be responsible for your loss. This could include the owner of the vessel as well as any other boat drivers or anyone else who was aboard at the time of the accident.

In certain cases it is possible to pursue a claim against a manufacturer of the boat if there is evidence of a defect that caused your injury. This is called product liability, and falls under laws that govern automobile manufacturers. Contact an attorney as quickly as you can if you're considering making this claim. An attorney can guide you through the process and ensure that all eligible damages are recouped.

Liability

It is crucial to understand that, like a car accident lawsuit a boating injury lawsuit needs to show four factors to be successful. This includes proving the defendant's responsibility, breach of this duty, actual damages and causation. This isn't an easy task, and it requires the expertise of an experienced personal injury lawyer.

Boating accidents can be caused by a variety of different factors, including recklessness and negligence. Like the normal rules of driving, there are boating safety regulations that must be adhered to. If the accident was the result of alcohol or drug use or use, they could be held responsible. Because of the unstable nature and the conditions of water and weather boating requires a higher concentration and awareness.

In an accident that results in a boating injury the victim could be awarded compensatory damages to compensate for their losses and expenses. These expenses could include direct medical expenses and lost wages due to missed work. They can also include property damage, as well as pain and suffering. If you have health coverage, it will usually cover some of these costs. This is especially relevant for maritime workers who have access through the Jones Act to compensation, which is a law dating back to the 1800s that provides injured maritime workers with the same pathway to recovery to workers who receive compensation.

Preparation

Compensation for damages can help families cope with the financial burdens that come with their losses. But, just like car accidents, boating accidents usually involve multiple parties that may share responsibility for the accident, which makes it crucial to find experienced legal representation when seeking compensation.

Typically those who suffer from boat accidents are able to get the same kinds of damages that they would be able to recover in a car accident lawsuit for property damage, medical expenses and lost wages due to time missed at work. They can also seek damages for emotional trauma and suffering as well as the loss of enjoyment from their lives.

Boating accidents can be caused by a number of factors, but in the majority of cases, a person or a company is held accountable for an accident that occurs on a waterway due to their inattention. Typical defendants include those who operate the boat as well as the owner of the boat or, if the incident occurred while the victim was on commercial vessels, the employer of the individual.

In certain instances an employee on a boat accident lawyer can claim workers' compensation if they are injured in an accident, but it is usually an entirely different process from filing an injury claim for personal injury in the same incident.

Filing

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

A person who is injured during a boating incident can bring a personal injury lawsuit against the party who caused the accident for damages. A successful lawsuit can pay medical expenses and boat accident lost wages, as well as suffering and other financial losses related to the incident. The degree of your injuries plays a significant role in determining the defendant is likely to owe you. If you suffer a severe spinal cord injury or traumatic brain injury is likely to be hit with huge medical bills as well as a loss of earning potential in the future.

A plaintiff must prove negligence and the causation. This means that your injuries were caused by the defendant's failure to exercise reasonable care in order to protect others on water. Examples of breaches include driving a boat while drunk, and thereby losing control of a vessel or failing to leave enough room for other vessels.

An experienced lawyer can analyze the evidence to determine which parties are accountable for your accident. He or she can also negotiate with the defendant's insurance company and other legal counsel on your behalf. If a settlement cannot be reached the case will go to trial, at which point the jury will make a final decision on liability and damages.