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A Lawyer Can Help You File a Boat Accident Lawsuit

A boating accident can cause severe medical expenses as well as financial hardship, and possibly bankruptcy. An attorney can help you receive the money you are due.

In general, you can seek damages by proving that an individual or entity had a duty to care and breached it, resulting in your injuries. There are four main aspects to a successful boat accident lawsuit:

Damages

Boat accident victims are entitled, just like other victims of personal injury, to compensation for their losses. These damages include medical expenses, lost earnings and future earnings potential damages to property, emotional distress, and suffering and pain.

A jury's decision will depend on the severity of your injuries and how long you'll take to recover from them. Settlements and jury awards tend to be greater for catastrophic injuries. These injuries can include brain injuries that are traumatic (TBI) as well as spinal cord injury (SCI), and permanent disfigurement.

It can be difficult to determine the person who is responsible for the boating accident. Your lawyer will determine the cause of the incident and determine who that could be responsible for your losses. This could include the owner of the boat and any other boat accident lawsuits operators or anyone else who was on board at the time of the accident.

In certain cases it could be possible to bring a claim against the manufacturer of the boat if there's evidence that it had a defective part that caused your injury. This is referred to as product liability and is covered by laws that govern automobile manufacturers. It is important to consult with an attorney as soon as possible should you be considering this kind of claim. The lawyer can guide you through the entire process and make sure that all damages are compensated.

Liability

It is crucial to realize that just like with an automobile accident, a lawsuit involving a boating accident must demonstrate four elements to be successful. This includes proving the defendant's responsibility to perform this duty, the breach of that obligation, actual damages and causation. This is not an simple task, and requires the expertise of an experienced personal injury lawyer.

Unsuspecting and negligent behavior can lead to boating accidents. Just like the standard rules of driving, there are boating safety regulations to be adhered to. If the accident was the result of drunkenness or use of drugs the person could also be found to be responsible. Due to the unstable nature and the conditions of weather and water boating requires a high concentration and vigilance.

A successful lawsuit for a boating accident will result in compensatory damages which are meant to pay the victim for their expenses and losses. These expenses include direct medical costs loss of wages due to missed work, property damage and pain and suffering and many more. If you have health insurance generally, it will cover a portion of these costs. This is particularly true for maritime workers who have access through the Jones Act to compensation, a century old regulation that gives injured maritime workers a similar pathway to recovery to workers compensation.

Preparation

While no amount of money can bring the loved ones back who was injured or killed in an accident on the water however, compensation for damages could help families deal with the financial burdens resulting from their losses. However, as with car accidents, boat crashes usually involve multiple parties that may share liability for the crash, making it crucial to find competent legal representation in seeking compensation.

Usually, victims of boat accidents can get the same kinds of damages as in a car accident lawsuit for property damage, medical expenses and lost wages due to time missed at work. In addition, they may seek damages for emotional trauma or pain and suffering as well as loss of enjoyment of life.

There are a variety of factors that can contribute to an accident while boating however, frequently an individual or company is held liable for an accident that occurs on the waterway because of their negligence. The most common defendants are those who operate the boat accident lawsuits or the owner of the boat, or if the accident occurred while the victim was on a commercial vessel, the employer of the person who was responsible for the accident.

In certain instances, a person who works on a vessel can claim workers' compensation if they are injured in an accident, however that is typically a separate process than filing an injury claim for personal injury in the same incident.

Filing

A serious boating accident is devastating regardless of whether you own a luxury yacht or a small fishing boat. An experienced lawyer can assist you in recovering damages for your losses.

Someone who is injured in a boating accident can bring a personal injury lawsuit against the party at fault for damages. A successful claim could pay for medical expenses, lost income, discomfort and pain, and other financial losses as a result of the incident. The severity of your injuries will determine how much you owe the defendant. A victim with a severe spinal cord injury or traumatizing brain injury is likely to be hit with huge medical bills as well as a loss of future earning potential.

A plaintiff must prove both negligence and the causation. This means that your injuries resulted from the defendant's failure to exercise reasonable care to prevent harm to others on water. Some examples of violations include operating a boat under the influence of alcohol and causing irresponsible loss of control of a vessel, or failing to allow enough room for other vessels.

An experienced attorney can evaluate the evidence to determine who are liable for your accident. They can also negotiate with the defendant's insurance company and other legal counsel on behalf of you. If you cannot reach a settlement, the case will be tried and the jury will rule on the amount of damages and liability.