A Lawyer Can Help You File a Boat Accident Lawsuit

A boat accident can result in severe financial and medical bills. A lawyer can help get you the money you deserve.

In general, you can seek damages by proving that an individual or entity owed you a duty of care and violated it, resulting in your injuries. A successful lawsuit involving a boat accident includes four key elements:

Damages

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

A jury's decision will depend on the severity of your injuries as well as the length of time you'll need to recover from them. Catastrophic injuries usually result in a larger settlement and jury awards. These injuries could include trauma to the brain (TBI) as well as spinal cord injury (SCI) and permanent disfigurement.

It could be difficult to determine who should be held liable for your boating accident. Your lawyer will determine the reason for the incident and determine who which could be accountable for your losses. This could include the boat's owner as well as any other boat drivers or anyone else on board at the time of the accident.

In some cases, it might also be possible to pursue a claim against a manufacturer of the boat in case there is evidence of a defective part that caused your injury. This is referred to as product liability and is covered by the same laws that apply to automobile manufacturers. Contact an attorney as quickly as you're able to if you're thinking about filing this type of claim. An attorney can guide through the entire process and make sure that all damages are recovered.

Liability

It is vital to remember that, just like the lawsuit in a car crash, a lawsuit for boating injuries must demonstrate four elements in order to be successful. This includes proving that the defendant's duty of care, breach of this duty of care, actual damages and the causation. This is not an easy task, and it requires the expertise of a seasoned personal injury lawyer.

Boating accidents can be caused by a variety of different things, including recklessness and negligence. Similar to the rules of the road there are boating safety regulations that must be followed. In addition, if the incident occurred due to an operator under the influence of alcohol or other drugs then he or she could be held responsible. Because of the unpredictable nature and conditions of water and weather boating requires a high level of attention and awareness.

A successful lawsuit for a boating accident will result in compensatory damages which are designed to compensate the victim for their expenses and losses. These expenses could include direct medical expenses and lost wages due to missing work. These can also include the cost of property damage as well as suffering and pain. If you have health coverage it will typically cover a portion of these costs. This is particularly applicable to maritime workers which are entitled to compensation through the Jones Act, a century-old regulation that provides maritime workers injured with a path to recovery similar to workers' compensation.

Preparation

While the sum of money won't bring back a loved one who has been injured or killed in a boating accident however, compensation for damages could help families cope with the unexpected costs that result from their losses. As with car accidents, boating accidents typically involve multiple parties who may share responsibility for the incident, making it crucial to find knowledgeable legal counsel when seeking compensation.

In the majority of instances those who suffer from boating accidents will be able to claim the same types damages as they would in a car crash case such as property damage and medical expenses, plus the loss of wages resulting from missing work. They can also seek damages for Boat Accident emotional trauma and pain and suffering, in addition to loss of enjoyment of their lives.

Boating accidents can be caused by a number of causes, but in many cases the person or business is held liable for an incident on the waterway due to their negligence. Typical defendants include the boat accident lawyer operator or the owner of the boat, or, if the accident occurred when the victim was aboard commercial vessel, the employer of that person.

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

Filing

No matter if you own a luxurious yacht or a humble fishing vessel, a serious boating accident could be catastrophic. A skilled attorney can assist you in recovering damages for your losses.

Similar to car accidents, those who are injured in a boating accident may bring a personal injury lawsuit against the party at fault for damages. A successful claim could cover medical expenses as well as lost wages, pain and suffering, and other financial losses related to the incident. The severity of your injuries will determine the amount you are owed by the defendant. A victim with a severe spinal cord injury, or traumatic brain damage is likely to face 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 the defendant failed to fulfill their duty of exercising reasonable care to avoid hurting others on the water, and this was the direct cause of your injuries. Examples of violations include driving a st john boat accident lawyer when drunk, swerving to lose control of the vessel, or failing to leave enough space for other vessels.

An experienced attorney will evaluate the evidence and determine who is accountable for your accident. He or she can also negotiate with the defendant's insurance company and other legal counsel on behalf of you. 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.