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A Lawyer Can Help You File a Boat Accident Lawsuit

A boating accident can cause severe medical expenses, financial hardship and even bankruptcy. A lawyer can assist you to receive the money you are due.

In general, you might be able recover damages when you can prove that an individual, or a company was liable to you under a duty of care, but then breached it. This caused 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 can include medical expenses, lost wages and future earning capacity in addition to property damage, pain and suffering, and emotional anxiety.

The amount you receive from the jury will depend on the severity of your injury, and how long it will take for you to recover. Jury settlements and awards tend to be higher for catastrophic injuries. They could include traumatic brain injuries spinal cord injuries, and permanent disfigurement.

It can be difficult to determine who is responsible for your boating accident. Your lawyer will determine the reason for the incident and determine who that may be responsible for your loss. This could include the owner of the boat and any other boat operators, or anyone else who was aboard at the time of the accident.

In certain cases it may be possible to pursue a claim against a manufacturer of the boat, if there's evidence that it was a defect that caused your injury. This is called product liability and falls under laws that are applicable to automobile manufacturers. Get an attorney's advice as soon as you can if you're considering filing this type of claim. The attorney can guide you through the process and help ensure that all damages eligible are awarded.

Liability

It is important to understand that, just like a car accident the lawsuit for a boating incident must prove four elements in order to be successful. This involves proving the defendant's duty of care, the breach of that duty of care, actual damages and the causation. This isn't an easy job, and requires the expertise of a skilled personal injury lawyer.

Boating accidents can be caused by many diverse factors, including negligence and recklessness. Like the normal rules of driving there are safety rules to be adhered to. Additionally, if the accident was caused by an operator under the influence of alcohol or other drugs the person could be held responsible. It is important to keep in mind that boating operations require the highest level of attention and awareness, due to the unpredictable nature of weather conditions and the water.

In an accident that results in a boating injury the victim is entitled to compensatory damages to pay for their losses and costs. These expenses can include direct medical expenses and the loss of wages due to absence from work. These can also include property damage and suffering and pain. If you have health insurance, it usually cover some of these costs as well. This is particularly true for maritime workers who have access through the Jones Act to compensation, a century old regulation that provides injured maritime workers with the same pathway to recovery to workers' compensation.

Preparation

Compensation for damages can help families deal with the financial burdens that come with their losses. As with car accidents, boat accidents typically involve multiple parties who could share the blame for the crash, which is why it necessary to seek knowledgeable legal counsel when seeking compensation.

Usually, victims of boat accidents are able to recover the same types of damages as in a car crash lawsuit, including property damage, medical expenses and lost wages resulting from time lost at work. In addition, they are able to 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 number of factors, but in most cases, the person or business is held responsible for an accident that occurs on a waterway due to their negligence. Boat owners, boat operators and employers are the most frequent defendants.

Workers' compensation benefits are provided to boaters injured in an accident. However it is a different procedure from filing a personal injury lawsuit for the same incident.

Filing

It doesn't matter if you have a lavish yacht or a quaint fishing boat accident attorney, a devastating boating accident could be catastrophic. An experienced lawyer can help you recover damages for your loss.

As with car accidents, the person who is injured in a boating accident could file a personal injury lawsuit against the at-fault party for damages. A successful lawsuit can pay medical expenses as well as lost wages, suffering and Boat accidents other financial losses related to the incident. The degree of your injuries plays a big role in how the defendant is likely to owe you. A person suffering from a serious 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.

In addition to the need to prove negligence, a plaintiff must also establish the causality. This means that your injuries resulted from the defendant's failure to exercise reasonable care in order to protect others on water. A few examples of breaches include driving a boat intoxicated and recklessly losing control of a boat or not allowing enough space for other vessels.

An experienced lawyer will review the evidence and determine who is responsible for your accident. He or she can also negotiate on behalf of you with the defendant's insurer and other legal counsel. If a settlement is not reached, your case will go to trial, where the jury will decide on the liability and damages.