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A Lawyer Can Help You File a Boat Accident Lawsuit
A boating accident can result in hefty medical bills or financial burdens, even bankruptcy. A lawyer can help you get you the compensation you're due.
In general, you may be able to recover damages when you can prove that the person or entity who owed you a duty of care, and then violated it. This caused your injuries. A successful lawsuit involving a boat accident is comprised of four elements:
Damages
Similar to other personal injury cases, victims of boat accidents are entitled to compensation for their losses. These damages include medical expenses, lost earnings, future earning potential damages to property, emotional distress, and pain and suffering.
The amount of money you receive from a jury will depend on the extent of your injuries and the length of time it will take you to recover. The most severe injuries can lead to larger settlements and jury awards. They might include traumatic brain injuries spinal cord injuries, and permanent disfigurement.
It is often difficult to determine the person accountable for your boating incident. Your attorney will determine the reason for the incident and identify parties who may be liable for your losses. This could include the owner of the boat, any other boat drivers, or any other people who may have been aboard when the incident occurred.
In certain cases it is possible to make a claim against the manufacturer of the boat if there's evidence that the boat 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 essential to speak with an attorney as soon as possible if you are considering pursuing this type of claim. An attorney can guide through the entire process and make sure that the damages are fully compensated.
Liability
It is important to recognize that just like with a car accident, a boating accident lawsuit must show four elements in order to be successful. This includes proving that the defendant's duty of care, the breach of that duty of care, actual damages and causation. This isn't an simple task, and requires the skill of a skilled personal injury lawyer.
Boating accidents can be caused by many diverse factors, including recklessness and negligence. Safety rules for boating must be adhered to as do road rules. Additionally, if the accident was caused by an operator under the influence of alcohol or other drugs the person could be held accountable. Due to the unstable nature and the conditions of water and weather boating requires a high level of awareness and attention.
A successful boating accident lawsuit can recover compensatory damages, that are meant to compensate the victim for their costs and losses. These expenses could include direct medical expenses and lost wages due to missed work. They also include property damage and suffering and pain. If you have health coverage, it will usually cover a portion of these costs. This is especially true for maritime workers who are entitled under the Jones Act to compensation, a century old regulation that gives injured maritime workers the same route to recovering to workers in compensation.
montana boat accident attorneys for damages can help families deal with the financial burdens associated with their losses. But, just like car accidents, boating accidents usually involve multiple parties that may share liability for the incident, making it important to seek out experienced legal representation in seeking compensation.
Usually the victims of boat accidents can recover the same types of damages that they would be able to recover in a car crash lawsuit, including damages to property, medical expenses and lost wages resulting from time lost at work. Additionally, they can claim damages for emotional trauma as well as pain and suffering, and loss of enjoyment.
Many factors could cause accidents on boats and, in many cases, a person or business is held liable for an accident that occurs on the waterway because of their negligence. The typical defendants are the boat owner or the owner of the boat, or, if the incident occurred when the victim was on a commercial vessel, the employer of the person who was responsible for the accident.
In some cases the person who works on a vessel can claim workers' compensation benefits in the event that they are injured in an accident, however that is typically an entirely different process from filing an injury claim for personal injury in the same incident.
Filing
Whether you own a palatial yacht or a small fishing boat, a boating accident can be catastrophic. An experienced lawyer can help you in obtaining compensation for your loss.
A person who is injured during an accident on a boat can bring a personal injury lawsuit against the party responsible for damages. A successful claim could pay for medical expenses loss of income, discomfort and pain, and other financial losses as a result of the incident. The extent of your injuries play a big role in how much the defendant must pay you. For instance, a person with a traumatic brain injury or severe spinal cord damage is likely to be faced with substantial medical bills and lose future earning capacity.
In addition to the need to prove negligence, a plaintiff must also establish causation. This means that your injuries were caused by the defendant's failure to exercise reasonable care to avoid harming others on water. Examples of breaches include driving a boat while intoxicated, recklessly losing control of a vessel, or not leaving enough space for other vessels.
An experienced attorney can evaluate the evidence to determine who are responsible for the accident. He or she can also negotiate on your behalf with the defendant's insurer and other legal counsel. If you fail to agree to a settlement, your case will be tried, and the jury will make a decision on liability and damages.