A Lawyer Can Help You File a Boat Accident Lawsuit

A boating accident could result in severe medical bills and financial distress. A lawyer can help get you the money you deserve.

In general, you may be able to recover damages if you can prove that an individual or entity who owed you a duty of care, and then breached it. This resulted in your injuries. A successful lawsuit involving a eugene boat accident lawsuit accident involves four main elements:

Damages

Boat accident victims are entitled, as do other personal injury victims, to compensation for their losses. These damages could include medical expenses lost wages, future earning capacity, property damage, suffering and emotional stress.

A jury's verdict will depend on the severity of your injuries and how long it will take you to recover from them. Settlements and jury awards tend to be greater for catastrophic injuries. They could include traumatic brain injury or spinal cord injuries, as well as permanent disfigurement.

It might be difficult to determine who should be held accountable for your boating accident. Your attorney will evaluate the causes of the incident and determine any parties who could be held responsible for liability for your loss. This could include the owner of the boat or any other boat driver, or anyone else on board at the time of the accident.

In certain instances, it may be possible to sue the manufacturer of your boat when it is established that a defective component caused your injury. This is called product liability and falls under laws that are applicable to automobile manufacturers. It is important to consult with an attorney as soon as possible in the event that you are contemplating pursuing this type of claim. An attorney can guide through the entire process and ensure that all damages are recovered.

Liability

It is important to understand that just like with car accidents an injury lawsuit against a boating company must demonstrate four elements to be successful. This includes proving that the defendant's duty of care, breach of that duty of care, actual damages, and the causation. This is not an easy task, and requires the expertise of a highly experienced personal injury lawyer.

Boating accidents are often caused by various factors, such as negligence and recklessness. Boating safety regulations are to be followed, just like road rules. Additionally, if the accident was caused by the operator being under the influence of alcohol or other drugs and he or she could be held responsible. Because of the unstable nature and the conditions of water and weather boating requires a high concentration and vigilance.

A successful boating accident lawsuit could result in compensatory damages, which are intended to pay the victim for their expenses and losses. These expenses can include medical bills directly and lost wages due a loss of work. They can also include the cost of property damage as well as pain and suffering. If you have health coverage it will typically cover a portion of these costs. This is especially applicable to maritime workers who have access to compensation through the Jones Act, a century-old regulation that provides injured maritime workers with a means to recover similar to workers' comp.

Preparation

Compensation for damages can help families cope with the financial burdens associated with their losses. As with car accidents, boat collisions typically involve multiple parties who may share responsibility for the crash, making it essential to seek knowledgeable legal counsel when seeking compensation.

Typically the victims of boat accidents can get the same kinds of damages that they would be able to recover in a car accident lawsuit that includes damage to property, medical costs and lost earnings due to missed time at work. Additionally, they can seek damages for emotional trauma, suffering in addition to loss of enjoyment in their lives.

Boating accidents can be caused by a variety of causes, but in many cases the person or business is held liable for an accident occurring on the waterway due to their inattention. Typical defendants include those who operate the boat as well as the owner of the boat or if the accident occurred during the time the victim was on an commercial vessel, it is the employer of that person.

Workers Compensation benefits are offered to lexington boat accident law firm workers who are injured in an accident. However this is a distinct process than filing an individual injury lawsuit for the same incident.

Filing

If you own a grand yacht or a humble fishing vessel, a serious boating accident could be catastrophic. An experienced attorney can assist you in recovering damages for your losses.

Similar to car accidents, a person injured in a boating incident may pursue a personal injury suit against the party at fault for damages. A successful claim could cover medical expenses loss of wages, suffering and other financial losses related to the incident. The degree of your injuries plays a significant role in determining the defendant is likely to owe you. A victim with a severe spinal cord injury or traumatic brain injury will likely be facing massive medical bills and a loss of future earnings potential.

A plaintiff must prove negligence and the 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 violations include driving a boat when drunk, or swerving away from control of the vessel, or failing to leave enough space for other vessels.

A seasoned attorney will assess the evidence and determine who is accountable for the accident. He or she can also negotiate with the insurance company of the defendant and other legal counsel on behalf of you. If a settlement is not reached the case will be heard at trial, where the jury will take a decision on liability and damages.