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A Lawyer Can Help You File a Boat Accident Lawsuit
A boating accident can lead to severe medical bills financial strain and bankruptcy. An attorney can help get you the compensation you deserve.
In general, you could be able to obtain damages when you can prove that the person or entity, owed you an obligation of care, but then violated it. This resulted in your injuries. A successful lawsuit involving a boat accident includes four key elements:
Damages
Boat accident victims are entitled, like other victims of personal injury, to compensation for their losses. These damages could include medical expenses lost wages, future earning capacity, property damage, suffering and emotional distress.
The jury award you receive will be contingent on the severity of your injuries and how long it takes you to recover. Catastrophic injuries usually result in larger settlement and jury awards. They may include traumatic brain injuries, spinal cord injuries and permanent disfigurement.
It might be difficult to determine who should be held responsible for your boating incident. Your attorney will evaluate the causes of the accident and determine any parties that might bear liability for your loss. This could include the owner of the boat, other boat drivers as well as any other individuals who may have been on board when the accident occurred.
In some cases it could be possible to file a claim against the manufacturer of the boat if there's evidence of a defect that caused your injury. This is known as product liability and falls under the same laws as auto manufacturers. It is imperative to speak with an attorney as soon as you can if you are considering pursuing this type of claim. The attorney can guide you through the process and ensure that all damages are recovered.
Liability
It is important to understand that, like an automobile accident the lawsuit for a boating incident must prove four elements in order to be successful. This includes proving the defendant's obligation to pay, breach of duty, actual damages and the causation. It's a complex task that requires the knowledge of an attorney who specializes in personal injury.
Inattention and recklessness can result in accidents on boats. Similar to the rules of the road and boating, there are safety regulations which must be adhered. If the accident was the result of an operator's drinking or drug use, they may also be held responsible. Due to the unstable nature and the conditions of weather and water boating requires a high level of awareness and attention.
A successful lawsuit for a boating accident will result in compensatory damages which are meant to pay the victim for their costs and losses. These costs include direct medical bills loss of wages due to missing work, property damage and pain and suffering and much more. In addition, if you have health insurance, they will typically cover some of these expenses as well. This is especially true for maritime workers, who can get compensation through the Jones Act, a century-old regulation that provides maritime workers injured with a means to recover similar to workers' comp.
Preparation
Compensation for injuries can help families cope with the financial burdens associated with their losses. Similar to car accidents boating accidents are often involving several parties that could be responsible for the collision. It is crucial to consult a professional lawyer when seeking damages.
In most instances those who suffer from boating accidents can recover the same damages they could in a car crash case which includes property damage and medical expenses, along with lost wages due to missed work. They may also seek compensation for emotional trauma and pain and suffering, and loss of enjoyment in their lives.
Boating accidents can be caused by a variety of factors, but in many cases a person or a company is held liable for an accident that occurs on a waterway due to their carelessness. Boat owners, boat operators and employers are the most frequent defendants.
Workers' compensation benefits are available to boaters who are injured in an accident. However it's a different procedure from filing personal injury lawsuits for the same incident.
Filing
If you own a grand yacht or a simple fishing boat, a boating accident can be devastating. An experienced attorney can help you recover damages for your losses.
bryan boat accident law firm injured in a boating accident can bring a personal injury lawsuit against the party responsible for damages. A successful claim can cover medical expenses as well as lost wages, suffering and other financial losses related to the incident. The severity of your injuries will determine the amount you owe the defendant. If you suffer a severe spinal cord injury or traumatic brain damage will likely face high medical bills and a loss of earning potential in the future.
A plaintiff must prove both negligence and causality. This means that the defendant failed to fulfill their obligation to exercise reasonable care to avoid hurting other boaters and this was the primary cause of your injuries. Examples of violations include operating a boat drunk, and thereby losing control of a boat, or failing to leave enough room for other boats.
An experienced lawyer can analyze the evidence to determine which parties are liable for your accident. The attorney will also negotiate on behalf of you with the insurance company of the defendant as well as other legal counsel. If a settlement cannot be reached the case will be heard at trial, at which point the jury will make a decision on liability and damages.