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A Lawyer Can Help You File a Boat Accident Lawsuit

A boating accident could result in severe medical bills and financial stress. A lawyer can help you get you the compensation you're due.

In general, you might be able to obtain damages when you can prove that a person, or entity was liable to you under a duty of care, and then breached it. This led to your injuries. A successful lawsuit involving a boat accident involves four main elements:

Damages

Boat Accident law firms accident victims are entitled, along with others who suffer personal injuries to compensation for their losses. These damages can include medical expenses, lost wages and 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 and how long you will need to recover from them. Settlements and jury awards tend to be greater for catastrophic injuries. They may include traumatic brain injury spinal cord injuries and permanent disfigurement.

It is often difficult to determine who was who is responsible for the boating accident. Your attorney will determine the reason for the incident and determine who which could be accountable for your losses. This could include the owner of the boat as well as any other boat drivers or anyone else on board at the time of the accident.

In some cases it may be possible to sue the manufacturer of your boat if it is proven that a defective component caused your injury. This is known as product liability and is covered by the laws that govern automobile manufacturers. Get an attorney's advice as soon as you're able to if you're thinking about making this claim. An attorney can guide through the entire process and make sure that the damages are fully compensated.

Liability

It is important to recognize that just like with car accidents the lawsuit for a boating incident must prove four elements in order to be successful. This includes proving the defendant's obligation of care, the breach of that duty of care, actual damages and the causation. This isn't an easy job, and requires the expertise of a highly experienced personal injury lawyer.

Boating accidents are often caused by different factors, including recklessness and negligence. Just like the standard rules of driving and boating, there are safety rules to be adhered to. If the accident was caused by the driver being under the influence of alcohol or drugs and he or she could be held accountable. Because of the unpredictable nature and conditions of weather and water boating requires a certain level of awareness and attention.

In the event of a boating accident that is successful the victim could be awarded compensatory damages to pay for their losses and costs. These costs include direct medical expenses and lost wages resulting from missing work damages to property and pain and suffering and more. In addition, if you have health insurance, it typically cover a portion of these expenses too. This is particularly applicable to maritime workers who have access through the Jones Act to compensation, a century old regulation that gives injured maritime workers the same route to recovering to workers who receive compensation.

Preparation

Compensation for damages can help families deal with the financial burdens associated with their losses. But, just like car accidents, boat accidents typically involve multiple parties who may share responsibility for the incident, making it crucial to find experienced legal representation when seeking compensation.

Typically victims of boat accidents are able to claim the same damages as they would in a lawsuit involving a car accident for damages to property, medical expenses and lost earnings due to missed time at work. They may also seek compensation for emotional trauma and suffering as well as loss of enjoyment of their lives.

A number of factors can lead to an accident while boating however, often a person or business is held liable for an accident that occurs on the waterway because of their reckless behavior. Boat operators, boat owners and employers are all common defendants.

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

Filing

It doesn't matter if you have a lavish yacht or a quaint fishing boat, a devastating boating accident could be catastrophic. An experienced lawyer can help you recover damages for your losses.

Similar to car accidents those who are injured in a boating collision may bring a personal injury lawsuit against the party at fault for damages. A successful lawsuit could cover medical expenses loss of income, pain and discomfort, and other financial losses that result from the incident. The severity of your injuries play a big role in how the defendant is likely to owe you. For example, a victim with a serious brain injury or a serious spinal cord injury is likely to be faced with substantial medical bills and lose future earning capacity.

A plaintiff must prove negligence and causation. This means that your injuries resulted from the defendant's failure to take reasonable precautions to prevent harm to others on water. Some examples of breaches are operating a boat under the influence of alcohol or recklessly losing control of a vessel or not allowing enough space for other vessels.

A seasoned attorney will assess the evidence and determine who is responsible for the accident. The attorney will also negotiate on behalf of you with the defendant's insurer and other legal counsel. If you cannot reach a settlement, the case will be argued and the jury will rule on damages and liability.