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A Lawyer Can Help You File a Boat Accident Lawsuit

A boating accident could result in severe financial burden and medical bills. An attorney can help you obtain the compensation you need.

In general, you can recover damages by proving that an individual or entity was obligated to you with a duty of care and failed to fulfill it, resulting in your injuries. There are four main aspects to a successful boat accident lawsuit:

Damages

Boat 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, property damage, pain and suffering, and emotional distress.

A jury award will depend on the severity of your injuries as well as how long you will need to recover from them. Settlements and jury awards tend to be greater for serious injuries. These injuries can include trauma to the brain (TBI) and spinal cord injury (SCI), and permanent disfigurement.

It may be difficult to determine who should be held accountable for your boating accident. Your attorney will determine the reason for the incident, and determine that may be responsible for your loss. This could include the owner of the boat, other boat accident attorneys drivers or anyone else who were present when the incident took place.

In certain cases it is possible to make a claim against the manufacturer of the boat if there is evidence that the boat had a defect that caused your injury. This is referred to as product liability and is covered by the same laws that apply to automobile manufacturers. Consult an attorney as soon you can if you are thinking of filing this type of claim. An attorney will be able to guide you through the process and ensure that all eligible damages are recouped.

Liability

It is important to realize that, like a car accident lawsuit a boating injury lawsuit must prove four elements to be successful. This includes proving the defendant's duty of care, breach of that duty of care, actual damages and the causation. This is not an easy task, and requires the skill of an experienced personal injury lawyer.

Boating accidents can be caused by many diverse factors, including recklessness and negligence. Like the standard rules of driving, there are boating safety rules which must be adhered. If the accident was the result of an operator's drinking or drug use or use, they could be held accountable. It is crucial to remember that boating activities require a high degree of attention and awareness, because of the unpredictable nature of weather and water conditions.

In the event of a boating accident that is successful, the victim can recover compensatory damages to pay for their losses and costs. These expenses include direct medical costs as well as lost wages due to missed work, property damage as well as pain and suffering and much more. If you have health coverage the insurance will typically pay for a portion of these expenses. This is especially applicable to maritime workers who have access through the Jones Act to compensation, an old law that offers injured maritime workers the same path to recovery to workers' compensation.

Preparation

While there is no way to bring back a loved one who was injured or killed in an accident on the water however, compensation for damage can help families cope with the financial burdens that accompany their losses. Like car accidents, boat collisions often involve multiple parties who could share the blame for the incident, making it essential to seek knowledgeable legal counsel in seeking compensation.

In most instances the victims of boating accidents can claim the same types damages as they would in a car crash case such as property damage and medical expenses, as well as lost wages due the absence of work. They can also seek damages for emotional trauma, pain and suffering, as well as loss of enjoyment in their lives.

Boating accidents can result from a variety of factors, but often, the person or business is held responsible for an accident occurring on an waterway because of their negligence. The typical defendants are the operator of the boat or the owner of the boat accident lawsuits, or if the accident occurred while the victim was on commercial vessels, the employer of that individual.

Workers' compensation benefits are available to boat workers who are injured in an incident. However, this is a different procedure from filing an individual injury lawsuit for the same incident.

Filing

It doesn't matter if you have a lavish yacht or a quaint fishing vessel, a serious boating accident can be devastating. An experienced lawyer can help you in obtaining damages for your losses.

Similar to car accidents the person who is injured in a boating collision may make a personal injury claim against the party at fault for damages. A successful lawsuit could cover medical expenses as well as lost income, discomfort and pain, and other financial losses resulting from the incident. The severity of your injuries will determine how much you are owed by the defendant. If you suffer a severe spinal cord injury or traumatic brain injury is likely to be hit with massive medical bills and 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 use reasonable care to prevent harm to others on water. Examples of breaches include drinking on a boat while drunk and recklessly losing control of a vessel or not allowing enough space for other vessels.

An experienced lawyer will review the evidence and determine who is at fault for your accident. The attorney can also negotiate with the defendant's insurance company and other legal counsel on your behalf. If you fail to reach a settlement, the case will be tried, and the jury will decide on the amount of damages and liability.