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A Lawyer Can Help You File a Boat Accident Lawsuit

A boating accident could lead to severe medical bills, financial hardship and even bankruptcy. A lawyer can help you get you the compensation you're entitled to.

In general, you might be able to claim damages if you can prove an individual or entity that owed you a duty of care, and then breached it. This resulted in your injuries. There are four major elements to a successful boat accident lawsuit:

Damages

Like other personal injury cases, boat accident victims are entitled to compensation for their losses. These damages could include medical expenses lost wages, future earning capacity and property damage, as well as pain and suffering, and emotional distress.

A jury's decision will depend on the severity of your injuries as well as how long you will need to recover from them. Catastrophic injuries usually result in a larger settlement and jury awards. They can include traumatic brain injuries, spinal cord injuries and permanent disfigurement.

It is often difficult to determine who was responsible for your boating accident. Your attorney will determine the cause of the incident and identify those that could be responsible for your losses. This could include the owner of the boat, any other grants pass boat accident law firm drivers, or any other people who may have been present when the incident occurred.

In some instances it may be possible to file a claim against the manufacturer of the boat if there's evidence that it had an issue with the part that caused your injury. This is referred to as product liability and is governed by laws that apply to automobile manufacturers. Contact an attorney as quickly as you can if you're thinking of making this claim. The lawyer can guide you through the process and ensure that all damages are recouped.

Liability

It is important to recognize that just like with car accidents, a boating accident lawsuit must demonstrate four elements to be successful. This includes proving a defense's duty to pay, breach of duty, actual damages, and causation. This is a complicated task that requires the knowledge of an attorney who specializes in personal injury.

Recklessness and negligence can cause boating accidents. Boating safety regulations are to be followed, similar to road rules. If the accident was caused by the operator's drunkenness or use of drugs, they may also be found to be responsible. Due to the unpredictable nature of the weather and water, boating requires a high concentration and awareness.

A successful boating accident lawsuit can result in compensation damages, which are designed to pay the victim for their costs and lawsuit losses. These costs include direct medical costs as well as lost wages due to absence from work as well as property damage, pain and suffering, and much more. If you have health coverage it will typically cover a portion of these costs. This is particularly true for maritime workers, which are entitled to compensation through the Jones Act, a century-old regulation which provides maritime workers injured with a pathway to recovery similar to workers' compensation.

Preparation

While there is no way to bring back a loved one who has been injured or killed in an accident on the water however, compensation for damages could aid families in coping with the unexpected costs that result from their losses. However, as with car accidents, boat accidents usually involve multiple parties that may share responsibility for the incident, making it necessary to seek competent legal representation when seeking compensation.

Usually, victims of boat accidents are able to obtain the same damages that they would be able to recover in a car accident lawsuit, including damage to property, medical costs and lost wages due to the time they missed at work. In addition, they may pursue damages for emotional trauma in the form of pain and suffering, as well as loss of enjoyment of life.

Boating accidents can be caused by a number of causes, however in most cases, a person or a company is held liable for an accident occurring on the waterway due inattention. Boat owners, boat operators, and employers are common defendants.

Workers' compensation benefits are provided for boaters injured in an incident. However this is a distinct process than filing a personal injury lawsuit for the same incident.

Filing

It doesn't matter if you have a lavish yacht or a humble fishing boat, a serious boating incident can be devastating. An experienced attorney can help you recover damages for your losses.

As with car accidents, those who are injured in a boating collision may file a personal injury lawsuit against the responsible party for damages. A successful lawsuit can pay medical expenses, lost wages, suffering and other financial losses related to the incident. The extent of your injuries play an important part in how the defendant is likely to owe you. If you suffer a severe spinal cord injury or traumatic brain injury will likely be facing massive medical bills and a loss of future earnings potential.

In addition to showing negligence, a plaintiff must also establish the causality. This means that your injuries were caused by the defendant's failure to exercise reasonable care in order to avoid harming others on water. Examples of breaches include driving a boat while drunk, swerving to lose control of the vessel, or not leaving enough space for other vessels.

A seasoned attorney will assess the evidence and determine who is at fault for the accident. They will also negotiate on behalf of you with the insurer of the defendant and other legal counsel. If you are unable to reach a settlement, the case will be tried and the jury will make a decision on the amount of damages and liability.