A Lawyer Can Help You File a Boat Accident Lawsuit
A boating accident could result in hefty medical bills, financial hardship and even bankruptcy. A lawyer can help you get the compensation you deserve.
In general, you can claim damages by proving that a person or entity has a duty of care and breached it, resulting in your injuries. There are four primary elements to the success of a lawsuit against a
boat accident attorneys accident:
Damages
Similar to other personal injury cases, victims of boat accidents are entitled to compensation for their losses. These damages could include medical expenses lost wages, future earning capacity in addition to property damage, pain and suffering, and emotional anxiety.
The amount a jury awards will be contingent on the severity of your injuries and how long it will take you to recover from them. Catastrophic injuries are more likely to lead to larger settlements and jury awards. These injuries can include brain injuries that are traumatic (TBI), spinal cord injury (SCI), and permanent disfigurement.
It can be difficult to determine who was who is responsible for the boating accident. Your attorney will evaluate the causes of the accident and pinpoint the parties that could bear liability for your losses. This could include the owner of the boat as well as any other boat drivers or anyone else aboard at the time of the accident.
In certain cases it is possible to file a claim against the manufacturer of the boat in case there is evidence that the boat had a defective component that caused your injury. This is called product liability and is governed by 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 lawyer will be able to guide you through the process and ensure that all the damages you are entitled to are recouped.
Liability
It is vital to remember that, much like a car accident lawsuit the boating injury lawsuit has to be able to prove four elements in order to be successful. This includes proving the defendant's obligation of care, breach of that duty of care, the actual damages, and the causation. This is not an easy task, and requires the expertise of a highly experienced personal injury lawyer.
Unsuspecting and negligent behavior can lead to accidents while boating. Similar to the rules of driving and boating, there are safety rules to be adhered to. If the accident was the result of drinking or drug use or use, they could be held accountable. Because of the unpredictable nature of the weather and water boating requires a higher level of awareness and attention.
In the event of a boating accident that is successful, the victim can recover compensatory damages to pay for their losses and costs. These costs can include medical bills directly and lost wages due to missing work. These can also include the cost of property damage as well as pain and suffering. If you have health insurance, it will usually cover some of these expenses too. This is particularly true for maritime workers, who are covered through the Jones Act, a century-old regulation which provides maritime workers injured with a path to recovery similar to workers' compensation.
Preparation
While no amount of money will bring back a loved one who has been injured or killed in an accident on the water, compensation for damages can help families cope with the financial burdens that accompany their losses. As with car accidents,
boat accidents often involve multiple parties who may share responsibility for the crash, making it necessary to seek knowledgeable legal counsel when seeking compensation.
Usually the victims of boat accidents can get the same kinds of damages as they would in a car crash lawsuit, including damages to property, medical expenses and lost wages due to the time they missed at work. They can also seek compensation for emotional trauma and pain and suffering, in addition to loss of enjoyment of their lives.
Many factors can contribute to an accident on the water however, frequently the person or company is held liable for an accident that occurs on the waterway due to of their negligent behavior. Boat owners, boat operators, and employers are common defendants.
In certain instances the person who works on a vessel can claim workers' compensation benefits in the event that they are injured in an accident, but it's usually distinct from filing an injury claim for personal injury in the same incident.
Filing
A serious boating crash can be devastating regardless of whether or not you own a luxury boat or a simple fishing boat. A skilled attorney can assist you in recovering damages for your losses.
Anyone who is injured in an incident on the water can pursue a personal injury suit against the party at fault for damages. A successful lawsuit could cover medical expenses, lost income, discomfort and pain, as well as other financial losses resulting from the incident. The severity of your injuries will determine how much you owe the defendant. For instance, a victim with a serious brain injury or severe spinal cord damage will likely face significant medical bills and lose future earning capacity.
A plaintiff must prove both negligence and the causation. This means that your injuries were caused by the defendant's inability to take reasonable precautions to avoid harming others on water. A few examples of breaches include driving a boat intoxicated or recklessly losing control of the vessel or failing to allow enough room for other vessels.
An experienced attorney will evaluate the evidence and determine who is responsible for your accident. He or she can also negotiate with the insurance company of the defendant and other legal counsel on your behalf. If a settlement cannot be reached, your case will go to trial, at which point the jury will make a final decision on the liability and damages.