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A Lawyer Can Help You File a Boat Accident Lawsuit

A boating accident could cause serious medical bills as well as financial hardship, and possibly bankruptcy. A lawyer can help get you the compensation you're entitled to.

In general, you can claim damages by proving that an individual or entity owed you a duty of care and violated it, leading to your injuries. A successful boat accident lawsuit involves four main elements:

Damages

As in 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 distress.

The amount a jury awards will be contingent on the severity of your injuries and how long you will need to recover from them. Catastrophic injuries are more likely to result in higher settlements and jury awards. These injuries could include brain injuries that are traumatic (TBI) and spinal cord injury (SCI), and permanent disfigurement.

It could be difficult to decide who is responsible for the boating accident. Your lawyer will analyze the cause of the incident and determine any parties that might bear the responsibility for your losses. This could include the owner of the vessel as well as any other boat drivers or anyone else who was on board at the time of the incident.

In some cases it could be possible to pursue a claim against a manufacturer of the boat in case there is evidence that the boat had a defective component that caused your injury. This is known as product liability and falls under laws that apply to automobile manufacturers. It is imperative to speak with an attorney as soon as you can when you're considering pursuing this kind of claim. An attorney can guide you through the process and ensure that all damages eligible are awarded.

Liability

It is vital to remember that, like the lawsuit in a car crash, a boating injury lawsuit must be able to prove four elements in order to be successful. This involves proving the defendant's duty of care, breach of the duty of care, actual damages and the causation. This isn't an easy job, and requires the expertise of an experienced personal injury lawyer.

Boating accidents can be caused by a variety of different things, including recklessness and negligence. Similar to the rules of driving there are boating safety regulations that must be followed. If the accident occurred due to the driver being under the influence of alcohol or drugs and he or she could be held liable. Because of the unstable nature and the conditions of weather and water boating requires a certain concentration and awareness.

In the event of a boating accident that is successful the victim may be able to recover compensation for their losses and expenses. These expenses include direct medical bills as well as lost wages due to missing work as well as property damage, pain and suffering, and boat accidents more. If you have health coverage, it will usually cover a portion of these costs. This is especially true for maritime workers, which are entitled to compensation through the Jones Act, a century-old regulation that provides injured maritime employees with a path to recovery similar to workers' comp.

Preparation

While no amount of money will bring back a loved one who was injured or killed in a boating accident however, compensation for damages could help families cope with the unexpected financial burdens that accompany their losses. Like car accidents, boat accidents usually involve multiple parties that may share liability for the crash, making it essential to seek competent legal representation in seeking compensation.

Typically those who suffer from boat accidents can claim the same damages as they would in a car accident lawsuit for injuries to property, medical expenses and lost wages due to the time they missed at work. In addition, they can seek compensation for emotional trauma, pain and suffering and loss of enjoyment of life.

Boating accidents can be caused by a number of factors, but in the majority of cases, an individual or company is held accountable for an accident that occurs on an waterway because of their inattention. The typical defendants are those who operate the boat or the owner of the boat, or if the incident occurred during the time the victim was on commercial vessel, the employer of the person who was responsible for the accident.

Workers' compensation benefits are available to boaters who are injured in an accident. However it is a different procedure than filing an injury lawsuit in the event of the same incident.

Filing

Whether you own a palatial yacht or a quaint fishing boat, a serious boating accident could be catastrophic. An experienced attorney can help you recover damages for your losses.

Similar to car accidents a person injured in a boating collision may make a personal injury claim against the responsible party for damages. A successful claim can cover medical expenses as well as lost wages, suffering as well as other financial losses that are related to the incident. The severity of your injury will determine how much you are owed by the defendant. A person who has suffered a serious spinal cord injury or traumatizing brain damage is likely to face huge medical bills as well as a loss of future earning potential.

A plaintiff must prove both negligence and the causation. This means that the defendant violated their obligation to exercise reasonable care to avoid harming others on the water and this was the direct cause of your injuries. Some examples of violations include being drunk on a boat and recklessly losing control of a boat or failing to allow enough room for other vessels.

A seasoned attorney can review the evidence to determine which parties are accountable for your accident. They can also negotiate with the defendant's insurance company and other legal counsel on your behalf. If you fail to come to a deal, your case will be tried, and the jury will make a decision on liability and damages.