A Lawyer Can Help You File a Boat Accident Lawsuit

A boating accident can cause severe medical expenses, financial hardship and even bankruptcy. An attorney can help get you the compensation you're due.

In general, you might be able recover damages in the event that you can prove an individual or entity was liable to you under a duty of care, but then breached it. This led to your injuries. There are four primary elements to a successful lawsuit for a boat accident:

Damages

Boat accident victims are entitled, along with other personal injury victims to compensation for their losses. These damages include medical expenses, lost earnings and future earnings potential damages to property emotional distress, pain and suffering.

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 usually result in higher settlements and jury awards. These injuries can include brain injuries that are traumatic (TBI) as well as spinal cord injury (SCI), and permanent disfigurement.

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

In some cases 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 called product liability and falls under laws that apply to automobile manufacturers. It is crucial to speak with an attorney as soon as possible should you be considering this kind of claim. The lawyer can guide you through the entire process and make sure that the damages are fully compensated.

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 a defendant's obligation, breach of this duty, actual damages, and causation. It's a complex task that requires the experience of an attorney who specializes in personal injury.

Recklessness and negligence can cause accidents while boating. Safety regulations for boating should be adhered to, as do road rules. If the accident was the result of drinking or drug use or use, they could be held responsible. Due to the unpredictable nature and conditions of weather and water boating requires a higher level of awareness and attention.

In an accident that results in a boating injury the victim may be able to recover compensation for their losses and expenses. These costs can include direct medical bills and lost wages due a loss of work. They also include property damage and pain and suffering. If you have health coverage, it will usually pay for a portion of these expenses. This is especially relevant for maritime workers who are covered 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 the family member who has been incident. The severity of your injuries plays an important part in how the defendant is likely to owe you. A person suffering from a serious spinal cord injury or traumatizing brain damage will likely face massive medical bills and a loss of future earning potential.

A plaintiff must prove negligence and causality. This means that the defendant violated their duty of exercising reasonable care in order to avoid harming others on the water, and it was the sole cause of your injuries. Examples of breaches include operating a boat drunk, or swerving away from control of a boat, or failing to leave enough room for other boats.

An experienced attorney will evaluate the evidence and determine who is accountable for the accident. The attorney can also negotiate with the insurance company of the defendant and other legal counsel on your behalf. If a settlement is not reached the case will be heard at trial, at which point the jury will make a decision on the liability and damages.