So You ve Bought Boat Accident Legal ... Now What
A Lawyer Can Help You File a Boat Accident Lawsuit
A boat accident can cause you to be faced with hefty financial and medical bills. A lawyer can assist in getting you the money you deserve.
In general, you can claim damages by proving that an individual or entity owed you a duty of care and breached it, resulting in your injuries. There are four main aspects to a successful boat accident lawsuit (click through the next document):
Damages
Boat accident victims are entitled, along with other victims of personal injury, to compensation for their losses. These damages include medical expenses, lost earnings and future earnings potential as well as property damage emotional distress, suffering and pain.
A jury's decision will depend on the severity of your injuries as well as how long you'll take to recover from them. Catastrophic injuries tend to lead to larger settlements and jury awards. They may include traumatic brain injuries spinal cord injuries and permanent disfigurement.
It can be difficult to determine who should be held accountable for your boating accident. Your attorney will look into the causes of the accident and determine any parties who could be held responsible for liability for your losses. This could include the owner of the boat, other boat drivers or anyone else who might have been on board when the accident occurred.
In certain instances, it may be possible to sue the company that made the boat in the event that it is proved that the defective component was responsible for your injury. This is referred to as product liability and is covered by the same laws as automobile manufacturers. Consult an attorney as soon you can if you're considering filing this type of claim. An attorney can guide you through the entire process and ensure that all damages are recovered.
Liability
It is important to know that, similar to a car accident lawsuit the boating injury lawsuit has to prove four elements to be successful. This includes proving the defendant's responsibility to pay, breach of obligation, actual damages and the causation. It is a difficult task that requires the knowledge of an attorney for personal injuries.
Inattention and recklessness can result in accidents on boats. Safety rules for boating are to be followed, just like road rules. If the accident was the result of alcohol or drug use, they may also be accountable. It is also crucial to keep in mind that boating activities require a high degree of attention and awareness, because of the unpredictable nature of weather conditions and the water.
A successful lawsuit for a boating accident could result in compensatory damages, which are meant to pay the victim for their costs and losses. These expenses include direct medical costs loss of wages due to missing work as well as property damage, pain and suffering, and more. Additionally, if you have health insurance, they typically cover a portion of these expenses too. This is especially relevant for maritime workers who have access to compensation through the Jones Act, a century-old regulation that provides injured maritime employees with a means to recover similar to workers' compensation.
Preparation
While no amount of money will bring the family member who has been injured or killed in an accident on the water but compensation for the damages can help families cope with the financial burdens that come with their losses. As with car accidents, boating accidents typically involve multiple parties who could be responsible for the accident. It is essential to consult a professional lawyer when seeking damages.
Usually, victims of boat accidents are able to obtain the same damages that they would be able to recover in a car accident lawsuit, including injuries to property, medical expenses and lost wages due to the time they missed at work. They can also seek damages for emotional trauma, pain and suffering, and also loss of enjoyment of their lives.
Many factors can lead to an accident on the water however, often a person or business is accountable for an accident that occurs on the waterway as a result of their reckless behavior. The typical defendants are those who operate the boat or the owner of the boat or if the accident occurred during the time the victim was on a commercial vessel, the employer of the individual.
In some cases the person who works on a boat can file for workers' compensation if they are injured in an accident, but it is usually a separate process than filing an injury claim on behalf of a person injured in the same incident.
Filing
A serious boating accident is devastating regardless of whether you own a luxurious boat or a simple fishing boat. An experienced lawyer can assist you in recovering damages for your loss.
Similar to car accidents those who are injured in a boating accident could file a personal injury lawsuit against the party responsible for the accident to claim damages. A successful claim may cover medical expenses, lost wages, suffering and other financial losses due to the incident. The severity of your injury will determine the amount you are owed by the defendant. For instance, a patient suffering from a brain injury that is traumatic or a serious spinal cord injury is likely to be faced with substantial medical bills and lose future earning capacity.
In addition to proving negligence, a plaintiff must also prove causation. This means that the defendant failed to fulfill their duty to exercise reasonable care to avoid hurting others on the water and this was the direct cause of your injuries. Examples of breaches include being drunk on a boat, recklessly loosing control of the vessel or failing to allow enough room for other vessels.
An experienced lawyer can analyze the evidence to determine which parties are responsible for your accident. The attorney can also negotiate with the insurance company of the defendant and other legal counsel on your behalf. If you are unable to come to a deal, your case will be tried and the jury will make a decision on the amount of damages and liability.