A Lawyer Can Help You File a Boat Accident Lawsuit
A boat accident can result in severe financial and medical bills. A lawyer can assist in getting you the compensation you're entitled to.
In general, you could be able recover damages in the event that you can prove an individual, or a company was liable to you under a duty of care, and then breached it. This caused your injuries. A successful lawsuit involving a boat accident is comprised of four elements:
Damages
Boat accident victims are entitled, as do other victims of personal injuries to compensation for their losses. These damages include medical expenses, lost earnings and future earnings potential and property damage emotional distress, suffering and pain.
The amount you receive from the jury will depend on your injuries, and how long it will take you to recover. Settlements and jury awards tend to be higher for serious injuries. These injuries could include traumatic brain injury (TBI) or spinal cord injury (SCI), and permanent disfigurement.
It could be difficult to determine who should be held responsible for the boating accident. Your lawyer will determine the cause of the incident and identify parties that may be responsible for your loss. This could include the owner of the boat, any other
boat accident law firms drivers or anyone else who was on board at the time of the incident.
In certain instances, it may be possible to sue the boat's manufacturer if it is proven that the defective component was responsible for your injury. This is known as product liability and falls under the same laws that apply to automobile manufacturers. It is important to consult with an attorney as soon as possible in the event that you are contemplating pursuing this type of claim. The attorney can guide you through the entire process and ensure that all damages are repaid.
Liability
It is important to realize that, like the lawsuit in a car crash, a boating injury lawsuit needs to prove four elements to be successful. This includes proving a defense's duty to pay, breach of duty, actual damages, and the causation. It is a difficult task that requires the experience of an attorney who specializes in personal injury.
Unsuspecting and negligent behavior can lead to accidents while boating. Boating safety regulations are to be followed, as do road rules. If the accident was caused by the operator's drinking or drug use the person could also be found to be responsible. Because of the unpredictable nature and conditions of weather and water boating requires a higher level of attention and awareness.
A successful lawsuit for a boating accident can recover compensatory damages, which are meant to pay the victim for their costs and losses. These costs can include medical expenses directly and lost wages due to missing work. They can also include property damage and suffering and pain. Additionally, if you have health insurance, they will typically cover some of these costs as well. This is particularly true for maritime workers who have access to the Jones Act to compensation, which is a law dating back to the 1800s that gives injured maritime workers the same pathway to recovery to workers' compensation.
Preparation
Compensation for damages can help families to cope with the financial burdens associated with their losses. As with car accidents, boating accidents are often involving multiple parties who could share responsibility for the crash. It is important to hire a reputable legal representative when seeking damages.
Usually the victims of boat accidents are able to get the same kinds of damages as they would in a lawsuit involving a car accident, including property damage, medical expenses and lost wages resulting from time lost at work. Additionally, they can pursue damages for emotional trauma in the form of pain and suffering, as well as loss of enjoyment.
Boating accidents can be caused by a variety of factors, but often, a person or company is held accountable for an accident on the waterway due to their inattention. Boat operators, boat owners and employers are the most frequent defendants.
In some instances the person who works on a boat may be eligible for workers' compensation benefits if they are injured in an accident, however this is typically an independent process from filing an injury claim for personal injury in the same incident.
Filing
A serious boating crash can be devastating regardless of whether you own a luxury boat or a simple fishing boat. An experienced lawyer can assist you in recovering damages for your loss.
Anyone who is injured in an incident on the water may pursue a personal injury suit against the person who was at fault for damages. A successful claim can cover medical expenses and lost income, as well as pain and discomfort, and other financial losses resulting from the incident. The severity of your injury will determine the amount you owe the defendant. If you suffer a severe spinal cord injury, or traumatic brain injury will likely be facing huge medical bills as well as a loss of future earnings potential.
A plaintiff must prove both negligence and causality. This means that your injuries resulted from the defendant's inability to take reasonable precautions to avoid harming others on water. Examples of breaches include being drunk on a boat or recklessly losing control of the vessel or failing to allow enough room for other vessels.
An experienced lawyer will review the evidence and determine who is responsible for your accident. They can also negotiate with the defendant's insurance company and other legal counsel on your behalf. If a settlement is not reached, your case will be heard at trial, and at that point the jury will decide on the liability and damages.