15 Surprising Stats About Boat Accident Legal

A Lawyer Can Help You File a Boat Accident Lawsuit

A boat accident can cause you to be faced with hefty medical bills and financial distress. An attorney can help you get the compensation you deserve.

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

Damages

Similar to other personal injury cases, boat accident victims are entitled to compensation for their losses. These damages can include medical expenses, lost wages and future earning capacity in addition to property damage, suffering and emotional distress.

The amount you receive from the jury will depend on your injuries and how long it will take for you to recover. Jury settlements and Boat Accident Lawsuit awards tend to be greater for severe injuries. These injuries may include trauma to the brain (TBI), spinal cord injury (SCI) and permanent disfigurement.

It may be difficult to determine who should be held liable for your boating accident. Your lawyer will determine the reason for the incident and identify parties who may be liable for your losses. This could include the owner of the vessel, any other boat drivers, or anyone else on board at the time of the incident.

In certain cases it may be possible to file a claim against the manufacturer of the boat, if there's evidence that it had a defective part that caused your injury. This is known as product liability and is covered by laws that govern automobile manufacturers. It is imperative to speak with an attorney as soon as you can if you are considering pursuing this kind of claim. The lawyer can guide you through the process and ensure that all damages eligible are awarded.

Liability

It is important to understand that just like with a car accident, a boating accident lawsuit must demonstrate four elements to be successful. This includes proving the defense's duty in breach, breach of this obligation, actual damages and the causation. It's a complex job that requires the expertise of an attorney who specializes in personal injury.

Boating accidents can be caused by a variety of different things, including recklessness and negligence. Safety rules for boating are to be followed, as do road rules. If the accident was caused by the driver's intoxication or drug use the person could also be accountable. Because of the unpredictable nature of the water and weather boating requires a higher level of attention and awareness.

In a successful boating accident case the victim may be able to recover compensatory damages to pay for their losses and costs. These expenses can include direct medical bills and lost wages due to missed work. They also include the cost of property damage as well as suffering and pain. If you have health insurance, it usually cover some of these expenses too. This is especially true for maritime workers who are entitled under the Jones Act to compensation, which is a law dating back to the 1800s that gives injured maritime workers the same pathway to recovery to workers compensation.

Preparation

Compensation for damages can help families cope with the financial burdens that come with their losses. Like car accidents, boating accidents usually involve several parties that could share the blame for the crash. It is important to consult a professional lawyer when seeking damages.

Typically, victims of boat accidents are able to get the same kinds of damages that they would be able to recover in a lawsuit involving a car accident which includes damages to property, medical expenses and lost wages due to the time they missed at work. In addition, they are able to claim damages for emotional trauma as well as pain and suffering, and loss of enjoyment.

Boating accidents can be caused by a variety of causes, but in many cases an individual or company is held accountable for an accident occurring on the waterway due negligence. Boat operators, boat owners as well as employers are frequent defendants.

In certain instances the person who works on a boat can file for workers' compensation benefits if they are injured in an accident, however it's usually distinct from filing an injury claim for personal injury in the same incident.

Filing

A serious boating incident can be devastating regardless of whether you own a luxury yacht or a modest fishing boat. An experienced attorney can help you recover damages for your losses.

As with car accidents, a person injured in a boating collision may file a personal injury lawsuit against the party responsible for the accident to claim damages. A successful lawsuit could cover medical expenses and lost income, as well as discomfort and pain, as well as other financial losses as a result of the incident. The severity of your injury will determine how much you are owed by the defendant. A victim with a severe spinal cord injury or traumatizing brain damage is likely to face massive medical bills and a loss of future earnings potential.

A plaintiff must prove negligence and causation. This means that your injuries resulted from the defendant's failure to exercise reasonable care in order to avoid harming others on water. Some examples of breaches are drinking on a boat while drunk and recklessly losing control of the vessel or failing to allow enough room for other vessels.

A seasoned attorney will assess the evidence and determine who is at fault for the accident. He or she can also negotiate with the defendant's insurance company and other legal counsel on your behalf. If you cannot agree to a settlement, your case will be tried, and the jury will make a decision on the amount of damages and liability.