A Lawyer Can Help You File a Boat Accident Lawsuit A boat accident can leave you with severe medical bills and financial stress. A lawyer can help you receive the money you are due. In general, you may be able to recover damages by proving that a person or entity has a duty of care and failed to fulfill it, resulting in your injuries. A successful boat accident lawsuit comprises four major elements: Damages Similar to other personal injury cases, boat accident victims are entitled to compensation for their losses. These damages include medical expenses, lost earnings, future earnings potential as well as property damage 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 catastrophic injuries. These injuries could include trauma to the brain (TBI), spinal cord injury (SCI) and permanent disfigurement. It can be difficult to determine the person who is responsible for the boating accident. Your attorney will determine the reason for the incident, and determine who may be liable for your loss. This could include the boat's owner and any other boat operators, or anyone else on board at the time of the accident. In some instances it may be possible to make a claim against the manufacturer of the boat if there is evidence that it was a defective part that caused your injury. This is known as product liability, and falls under the same laws that apply to automobile manufacturers. Consult an attorney as soon you can if you're thinking of making this claim. The attorney can guide you through the process and ensure that all eligible damages are recouped. Liability It is important to know that, similar to a lawsuit for a car accident, a boating injury lawsuit needs to be able to prove four elements in order to be successful. This includes proving a defense's duty to pay, breach of obligation, actual damages and the causation. This is not an easy task, and requires the skill of a skilled personal injury lawyer. Negligence and recklessness can cause accidents on boats. Safety regulations for boats should be adhered to, as do road rules. Additionally, if the accident occurred due to the driver being under the influence of alcohol or other drugs and he or she could be held responsible. It is also important to keep in mind that boating activities require the greatest amount of concentration and awareness due to the erratic nature of the weather and water. A successful boating accident lawsuit will result in compensatory damages which are intended to compensate the victim for their costs and losses. These costs include direct medical expenses and lost wages resulting from missing work damages to property and pain and suffering and more. If you have health coverage the insurance will typically pay for a portion of these expenses. This is especially true for maritime workers, who have access to compensation through the Jones Act, a century-old regulation that provides maritime workers injured with a means to recover similar to workers' comp. https://vimeo.com/709561160 for damages can help families deal with the financial burdens associated with their losses. Similar to car accidents boating accidents are often involving multiple parties that may be responsible for the accident. It is important to hire a reputable legal representative when seeking damages. In the majority of instances the victims of boating accidents will be able to claim the same damages they would in a case involving a car accident such as property damage and medical expenses, as well as the loss of wages resulting from missing work. Additionally, they can seek damages for emotional trauma and suffering as well as loss of enjoyment in their lives. A number of factors could cause accidents on boats however, frequently an individual or company is responsible for an accident that occurs on the waterway because of their negligence. The most common defendants are the boat operator as well as the owner of the boat or if the incident occurred when the victim was on a commercial vessel, the employer of that person. Workers can avail compensation for boaters injured in an accident. However this is a distinct procedure from filing an individual injury lawsuit for the same incident. Filing No matter if you own a luxurious yacht or a humble fishing boat, a boating accident could be catastrophic. A skilled attorney can assist you in recovering damages for your loss. Like car accidents, the person who is injured in a boating accident may make a personal injury claim against the at-fault party for damages. A successful claim could cover medical expenses loss of wages, suffering and other financial losses due to the incident. The severity of your injury will determine the amount you owe the defendant. For instance, a person suffering from a brain injury that is traumatic or a severe spinal cord injury is likely to face substantial medical bills as well as loss of future earning capacity. A plaintiff must prove both negligence and the causation. This means that your injuries were caused by the defendant's failure to take reasonable precautions to prevent harm to others on water. Examples of violations include driving a boat when drunk, and thereby losing control of a boat, or not leaving enough room for other boats. An experienced lawyer will review the evidence and determine who is accountable for your accident. He or she can also negotiate with the defendant's insurance company and other legal counsel on your behalf. If a settlement cannot be reached the case will be heard at trial, and at that point the jury will decide on the liability and damages.