A Lawyer Can Help You File a Boat Accident Lawsuit

A boating accident can result in hefty medical bills, financial hardship and even bankruptcy. A lawyer can help obtain the compensation you need.

In general, you may be able recover damages when you can prove that a person, or entity that owed you a duty of care, but then breached it. This caused your injuries. There are four key elements to a successful boat accident lawsuit:

Damages

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

The amount a jury awards will be contingent on the severity of your injuries as well as how long it will take you to recover from them. Jury settlements and awards tend to be higher when you suffer catastrophic injuries. They could include traumatic brain injury, spinal cord injuries and permanent disfigurement.

It can be difficult to determine who is at fault for your boating accident. Your attorney will evaluate the cause of the accident and determine any parties who could be held responsible for the responsibility for your loss. This could include the owner of the vessel as well as any other salem boat accident law firm drivers or anyone else who was aboard at the time of the accident.

In some cases it is possible to make a claim against the manufacturer of the boat in case there is evidence that it was a defective part that caused your injury. This is referred to as product liability and falls under the same law as automobile manufacturers. It is important to consult with an attorney as soon as you can in the event that you are contemplating pursuing this type of claim. The attorney will be able to guide you through the process and help ensure that all damages are recovered.

Liability

It is crucial to understand that, just like a car accident lawsuit, a boating injury lawsuit must demonstrate four elements in order to be successful. This includes proving the defendant's duty in breach, breach of this duty, actual damages and the causation. This is not an easy job, and requires the skill of a seasoned personal injury lawyer.

Inattention and recklessness can result in accidents on boats. Just like the standard rules of the road and boating, there are safety rules which must be adhered. If the accident occurred as a result of the operator being under the influence of alcohol or other drugs then he or she could be held liable. Due to the unpredictable nature of the water and weather, boating requires a high concentration and vigilance.

A successful lawsuit involving a boating accident could result in compensatory damages, which are meant to compensate the victim for their expenses and losses. These costs include direct medical bills as well as lost wages due to working hours missed as well as property damage and pain and suffering and many more. If you have health insurance, they will typically cover some of these expenses as well. This is particularly applicable to maritime workers which are entitled to compensation through the Jones Act, a century-old regulation that provides injured maritime workers with a pathway to recovery similar to workers' comp.

Preparation

While the sum of money won't bring the loved ones back who was injured or killed in a boating accident but compensation for the damages can aid families in coping with the unexpected costs that result from their losses. As with car accidents, boating accidents typically involve multiple parties who could share the blame for the accident, which makes it important to seek out experienced legal representation when seeking compensation.

Typically those who suffer from boat accidents can get the same kinds of damages as in a car crash lawsuit that includes injuries to property, medical expenses and lost wages due to the time they missed at work. In addition, they are able to seek damages for emotional trauma, pain and suffering and loss of enjoyment.

A number of factors can contribute to accidents on boats, but many times a person or business is held accountable for an incident that occurs on the waterway as a result of their negligence. The typical defendants are the operator of the boat as well as the owner of the boat or if the accident occurred while the victim was on commercial vessel, the employer of the individual.

In some cases it is possible that a person working on a boat can claim workers' compensation benefits if they are injured in an accident, however it's usually a separate process than filing an injury claim for personal injury in the same incident.

Filing

If you own a grand yacht or a simple fishing homestead boat Accident lawsuit, a serious boating accident can be devastating. An experienced attorney can assist you in obtaining compensation for your loss.

A person injured in an incident on the water may pursue a personal injury suit against the party who caused the accident for damages. A successful claim could pay for medical expenses and lost income, as well as pain and discomfort, and other financial losses that result from the incident. The severity of your injuries plays a big role in how much the defendant will owe you. For instance, a victim who suffers a brain injury traumatic or severe spinal cord injury is likely to be faced with substantial medical bills and loss of future earning capacity.

In addition to showing negligence the plaintiff must also prove the cause of the injury. This means that your injuries resulted from the defendant's failure to exercise reasonable care to prevent harm to others on water. Examples of breaches include driving a vessel while drunk, or swerving away from control of a vessel, or not leaving enough space for other boats.

A seasoned attorney will assess the evidence and determine who is responsible for your accident. The attorney will also negotiate on your behalf with the insurer of the defendant and other legal counsel. If you are unable to agree to a settlement, your case will be heard and the jury will rule on damages and liability.