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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 you receive the money you are due.

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

Damages

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

A jury's decision will depend on the severity of your injuries as well as how long you'll take to recover from them. Jury settlements and awards tend to be greater for serious injuries. They can include traumatic brain injuries, spinal cord injuries and permanent disfigurement.

It might be difficult to determine who should be held accountable for your 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 boat, other drivers on the boat or anyone else who may have been on board when the accident occurred.

In certain cases it could be possible to make a claim against the manufacturer of the boat if there is evidence that the boat had an issue with the part that caused your injury. This is referred to as product liability and is covered by laws that are applicable to automobile manufacturers. Contact an attorney as soon as you're able to if you're thinking about filing this type of claim. An attorney can guide you through the entire process and make sure that all damages are compensated.

Liability

It is important to realize that, much like a car accident lawsuit, a lawsuit for boating injuries must be able to prove four elements in order to be successful. This includes proving a defendant's duty to perform this duty, the breach of that duty, actual damages, and the causation. This is not an easy task, and requires the skill of a skilled personal injury lawyer.

Recklessness and negligence can cause accidents on boats. Like the standard rules of driving there are safety rules that must be followed. If the accident was the result of intoxication or drug use and they are held responsible. Because of the unpredictable nature of the weather and water boating requires a high concentration and vigilance.

In the event of a successful case involving a boating accident the victim may be able to recover compensatory damages to pay for their losses and expenses. These costs include direct medical bills loss of wages due to working hours missed and property damage or injury, and much more. If you have health coverage the insurance will typically cover a portion of these costs. This is especially true for maritime workers who have access through the Jones Act to compensation, an old law that offers injured maritime workers the same pathway to recovery to workers in compensation.

Preparation

While no amount of money will bring the loved ones back who was injured or killed in an accident on the water however, compensation for damages could assist families with the unexpected financial burdens that accompany their losses. However, as with car accidents, boating accidents typically involve multiple parties who may share liability for the accident, which makes it essential to seek an experienced legal counsel when seeking compensation.

Typically the victims of boat accidents are able to obtain the same damages as in a car accident lawsuit that includes damages to property, medical expenses and lost wages resulting from time lost at work. In addition, they may seek compensation for emotional trauma as well as pain and suffering, and loss of enjoyment of life.

A number of factors could cause an accident on the water however, often a person or business is held accountable for an incident that occurs on the waterway because of their reckless behavior. Boat owners, boat operators and employers are the most frequent defendants.

In some cases it is possible that a person working on a vessel can claim workers' compensation if they are injured in an accident, but this is typically 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 small fishing boat, a devastating boating incident can be devastating. An experienced attorney can assist you in recovering damages for your loss.

Like car accidents, anyone injured in a boating accident could file a personal injury lawsuit against the party at fault for damages. A successful claim could pay for medical expenses loss of income, discomfort and pain, and other financial losses that result from the incident. The severity of your injuries play an important part in how the defendant is likely to owe you. If you suffer a severe spinal cord injury or traumatizing brain injury will likely be facing huge medical bills as well as a loss of earning potential in the future.

In addition to the need to prove negligence the plaintiff must also establish causation. This means that your injuries were caused by the defendant's inability to take reasonable precautions to avoid harming others on water. Examples of violations include operating a boat intoxicated, recklessly losing control of a boat, or not leaving enough space for other vessels.

An experienced attorney will evaluate the evidence and determine who is at fault 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 be heard at trial, where the jury will decide on liability and damages.