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A Lawyer Can Help You File a Boat Accident Lawsuit

A boating accident can result in hefty medical bills as well as financial hardship, and possibly bankruptcy. A lawyer can help get the compensation you deserve.

In general, you might be able to claim damages if you can prove a person, or entity, owed you an obligation of care, and then breached it. This caused your injuries. A successful lawsuit for a boat accident involves four main elements:

Damages

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

A jury's verdict will depend on the severity of your injuries as well as how long you will need to recover from them. Jury settlements and awards tend to be higher for serious injuries. They may include traumatic brain injuries spinal cord injuries, and permanent disfigurement.

It can be difficult to determine the person who is responsible for the boating accident. Your lawyer will determine the cause of the incident, and determine that could be responsible for your losses. This could include the owner of the boat, any other boat drivers or any other persons who might have been on board when the accident took place.

In some instances it could be possible to pursue a claim against a manufacturer of the boat if there's evidence of a defect that caused your injury. This is referred to as product liability and is covered by the same law as automobile manufacturers. Get an attorney's advice as soon as you can if you're thinking of filing this type of claim. An attorney can guide you through the process and help ensure that all eligible damages are recouped.

Liability

It is important to know that, similar to car accidents, a lawsuit involving a boating accident must show four elements to be successful. This includes proving the defendant's obligation of care, breach of the duty of care, actual damages, and causation. It is a difficult task that requires the knowledge of an attorney who specializes in personal injury.

Recklessness and negligence can cause accidents on boats. Similar to the rules of the road, there are boating safety regulations which must be adhered. Additionally, if the accident was the result of the person operating the boat under the influence of alcohol or drugs, he or she may be held accountable. Due to the unpredictable nature and conditions of weather and water boating requires a certain concentration and vigilance.

In the event of a successful case involving a boating accident the victim is entitled to compensatory damages to compensate for their losses and costs. These expenses can include medical expenses directly and lost wages due to missed work. They also include property damage, as well as suffering and pain. Additionally, if have health insurance, it typically cover a portion of these expenses as well. This is especially applicable to maritime workers who have access through the Jones Act to compensation, a century old regulation that offers injured maritime workers the same pathway to recovery to workers' compensation.

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While the sum of money won't bring back a loved one who was injured or killed in a boating accident but compensation for the damages can assist families with the unexpected financial burdens resulting from their losses. Like car accidents boating accidents typically involve several parties that could be responsible for the collision. It is essential to have a competent legal advocate when seeking damages.

In most instances, victims of boating accidents can claim the same types of damages that they could in a car accident, including property damage and medical expenses, along with lost wages due the absence of work. They can also seek compensation for emotional trauma, pain and suffering, in addition to loss of enjoyment in their lives.

Boating accidents can be caused by a variety of causes, however in most cases, an individual or company is held liable for an accident occurring on the waterway due to their negligence. The typical defendants are the boat owner or the owner of the boat, or if the accident occurred during the time the victim was on commercial vessels, the employer of the individual.

In some instances an employee on a boat can claim workers' compensation if they are injured in an accident, but this is typically an independent process from filing an injury claim on behalf of a person injured in the same incident.

Filing

No matter if you own a luxurious yacht or a small fishing vessel, a serious boating accident can be devastating. An experienced lawyer can help you recover damages for your losses.





A person who is injured during an accident on a boat can make a personal injury claim against the party who caused the accident for damages. A successful claim could cover medical expenses and lost wages, as well as pain and suffering, and other financial losses due to the incident. The severity of your injuries play a big role in how the defendant will be liable to you. A victim with a severe spinal cord injury or brain damage is likely to face high medical bills and a loss of future earning potential.

In addition to proving negligence A plaintiff must also prove the cause of the injury. This means that your injuries were caused by the defendant's inability to exercise reasonable care to avoid harming others on water. Some examples of violations include drinking on a boat while drunk and recklessly losing control of the vessel or not allowing enough space for other vessels.

An experienced attorney will evaluate the evidence and determine who is accountable for the accident. He or she can also negotiate on your behalf with the defendant's insurer and other legal counsel. If a settlement cannot be reached the case will be heard at trial, and at that point the jury will take a decision on liability and damages.