A Lawyer Can Help You File a Boat Accident Lawsuit
A boating accident could cause severe financial burden and medical bills. A lawyer can help obtain the compensation you need.
In general, you could be able recover damages when you can prove that the person or entity, owed you an obligation of care, but then violated it. This resulted in your injuries. A successful boat accident lawsuit is comprised of four elements:
Damages
As in other personal injury cases, boat accident victims are entitled to compensation for their losses. These damages include medical expenses, lost earnings, future earning potential and property damage, emotional distress, and pain and suffering.
A jury’s verdict will depend on the severity of your injuries and the length of time you’ll need to recover from them. Jury settlements and awards tend to be greater for serious injuries. They could include traumatic brain injuries or spinal cord injuries, as well as permanent disfigurement.
It is often difficult to determine who is at fault for your boating accident. Your attorney will determine the reason for the incident, and determine that may be responsible for lawsuits your loss. This could include the owner of the boat, any other boat drivers, or any other people who may have been present when the incident took place.
In some cases it is possible to file a claim against the manufacturer of the boat if there is evidence that it was an issue with the part that caused your injury. This is referred to as product liability, and falls under the same law as automobile manufacturers. Consult an attorney as soon you can if you are thinking of filing this type of claim. The lawyer will be able to guide you through the process and help ensure that all eligible damages are recovered.
Liability
It is vital to remember that, much like a car accident lawsuit a lawsuit for boating injuries must prove four elements to be successful. This includes proving the defendant’s duty, breach of this obligation, actual damages, and causation. This isn’t an simple task, and requires the expertise of a highly experienced personal injury lawyer.
Recklessness and lawsuits negligence can cause accidents on boats. Safety regulations for boats must be adhered to as do road rules. In addition, if the incident was caused by the driver being under the influence of alcohol or drugs the person could be held liable. Due to the unpredictable nature of the weather and water boating requires a certain level of attention and awareness.
A successful lawsuit involving a boating accident could result in compensatory damages, that are meant to compensate the victim for their costs and losses. These expenses could include medical bills directly and lost wages due a loss of work. They can also include damages to property and suffering and pain. In addition, if you have health insurance, it typically cover a portion of these expenses too. 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 pathway to recovery to workers’ compensation.
Preparation
Compensation for damages can help families to cope with the financial burdens associated with their losses. Like car accidents, boating accidents usually involve several parties that could share responsibility for the crash. It is crucial to consult a professional lawyer in the event of a claim for damages.
Typically victims of boat accidents are able to get the same kinds of damages as they would in a car crash lawsuit which includes damages to property, medical expenses and lost wages due to time missed at work. Additionally, they can seek damages for emotional trauma, suffering as well as the loss of enjoyment from their lives.
Boating accidents can be caused by a number of causes, however in most cases, the person or business is held liable for an incident on an waterway because of their negligence. Boat operators, boat owners and employers are all common defendants.
Workers Compensation benefits are offered to boaters who are injured in an accident. However it is a different procedure than filing personal injury lawsuits for the same incident.
Filing
A serious boating incident can be devastating regardless of whether or not you own a luxurious yacht or a small fishing boat. An experienced attorney can assist you in recovering damages for your loss.
Similar to car accidents the person who is injured in a boating accident may make a personal injury claim against the party responsible for the accident to claim damages. A successful lawsuit could cover medical expenses as well as lost income, pain and discomfort, and other financial losses as a result of the incident. The severity of your injury will determine how much you are owed by the defendant. A victim with a severe spinal cord injury or brain damage is likely to face massive medical bills and a loss of earning potential in the future.
A plaintiff must prove both negligence and causality. This means that the defendant failed to fulfill their duty of exercising reasonable care to avoid hurting others on the water, and that was the cause of your injuries. Some examples of violations include being drunk on a boat, recklessly loosing control of a vessel, or not allowing enough space for other vessels.
An experienced attorney will evaluate the evidence and determine who is at fault for the accident. He or she can also negotiate with the insurance company of the defendant and other legal counsel on behalf of you. If you fail to reach a settlement, your case will be tried and the jury will decide on liability and damages.