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A Lawyer Can Help You File a Boat Accident Lawsuit

A boating accident could lead to severe medical bills as well as financial hardship, and possibly bankruptcy. An attorney can help get you the compensation you deserve.

In general, you could be able to claim damages if you can prove an individual or entity who owed you a duty of care, but then breached it. This led to your injuries. There are four major elements to a successful lawsuit for a boat accident:

Damages

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

The amount you receive from the jury will depend on the extent of your injuries and the length of time it will take for you to recover. The most severe injuries can result in higher settlements and jury awards. These injuries can include traumatic brain injury (TBI) or spinal cord injury (SCI) and permanent disfigurement.

It can be difficult to determine the person who is responsible for the boating accident. Your attorney will determine the cause of the incident, and determine who may be liable for your loss. This could include the owner of the boat accident case, other drivers on the boat or any other persons who may have been aboard at the time that the accident occurred.

In certain situations, it could be possible to sue the boat's manufacturer in the event that it is proved that the defective component was responsible for your injury. This is known as product liability and is governed by the same law as automobile manufacturers. Contact an attorney as quickly as you're able to if you're thinking about making this claim. An attorney can guide you through the entire process and ensure that all damages are repaid.

Liability

It is important to know that, similar to an automobile accident, a lawsuit involving a boating accident must prove four elements in order to be successful. This includes proving the defendant's duty to pay, breach of duty, actual damages and causation. It's a challenging job that requires the expertise of a personal injury lawyer.

Recklessness and negligence can cause accidents on boats. Like the standard rules of the road, there are boating safety rules to be adhered to. If the accident was the result of drunkenness or use of drugs or use, they could be found to be responsible. Due to the unpredictable nature of the water and weather boating requires a higher concentration and awareness.

In a successful boating accident case the victim could be awarded compensatory damages to pay for their losses and costs. These expenses include direct medical costs as well as lost wages due to missing work damages to property, pain and suffering, and many more. If you have health insurance it will typically cover a portion of these costs. This is especially true for maritime workers, who are covered through the Jones Act, a century-old regulation that provides maritime workers injured with a means to recover similar to workers' comp.

Preparation

Compensation for damages can help families deal with the financial burdens that come with their losses. Like car accidents boating accidents are often involving multiple parties that may share responsibility for the crash. It is crucial to have a competent legal advocate when seeking damages.

Usually those who suffer from boat accidents are able to recover the same types of damages as in a car accident lawsuit for injuries to property, medical expenses and lost wages due to the time they missed at work. In addition, they are able to claim damages for emotional trauma or pain and suffering as well as loss of enjoyment of life.

Boating accidents can result from a variety of causes, but often, a person or a company is held liable for an accident that occurs on a waterway due to their negligence. Common defendants are the operator of the boat accident claim or the owner of the boat, or if the incident occurred during the time the victim was on an commercial vessel, it is the employer of the individual.

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

Filing

Whether you own a palatial yacht or a small fishing boat, a boating incident can be devastating. An experienced lawyer can assist you in recovering damages for your loss.

A person injured in an incident on the water may file a personal injury suit against the party responsible for damages. A successful claim can cover medical expenses loss of wages, suffering and other financial losses related to the incident. The severity of your injuries play a significant role in determining much the defendant must pay you. For instance, Boat Accident Lawsuit a victim with a traumatic brain injury or a serious spinal cord injury will likely face significant medical bills as well as loss of future earning capacity.

In addition to proving negligence the plaintiff must also prove the causation. This means that the defendant failed to fulfill their duty of exercising reasonable care to avoid hurting others on the water, and that was the cause of your injuries. Some examples of violations include drinking on a boat while drunk, recklessly loosing control of a boat or not allowing enough space for other vessels.

An experienced attorney can evaluate the evidence to determine which parties are responsible for the accident. He or she 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 be heard at trial, at which point the jury will take a decision on the liability and damages.