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A Lawyer Can Help You File a Boat Accident Lawsuit
A boating accident could cause you to be faced with hefty medical bills and financial distress. A lawyer can help get the compensation you deserve.
In general, you could be able recover damages if you can prove that an individual or entity was liable to you under a duty of care, and then breached it. This caused your injuries. A successful lawsuit involving a boat accident involves four main elements:
Damages
As in other personal injury cases, boat accident victims are entitled to compensation for their losses. These damages could include medical expenses as well as lost wages, future earning capacity, property damage, pain and suffering, and emotional anxiety.
The jury award you receive will be contingent on the severity of your injuries and the length of time it takes you to recover. Catastrophic injuries tend to result in higher settlements and jury awards. These injuries may include brain injuries that are traumatic (TBI) or spinal cord injury (SCI), and permanent disfigurement.
It can be difficult to determine who should be held responsible for your boating incident. Your lawyer will determine the cause of the incident and identify parties which could be accountable for your loss. This could include the owner of the vessel, any other boat drivers or anyone else who was aboard at the time of the accident.
In certain cases it could be possible to pursue a claim against a manufacturer of the boat in case there is evidence of a defective part that caused your injury. This is known as product liability and is governed by laws that are applicable to automobile manufacturers. Get an attorney's advice as soon as you can if you are thinking of filing this type of claim. The attorney can guide you through the entire process and ensure that the damages are fully compensated.
Liability
It is important to know that, like the lawsuit in a car crash, a boating injury lawsuit needs to be able to prove four elements in order to be successful. This includes proving a defendant's duty to pay, breach of duty, actual damages, and the causation. minnesota boat accident attorney isn't an easy job, and requires the expertise of an experienced personal injury lawyer.
Unsuspecting and negligent behavior can lead to accidents on boats. Similar to the rules of the road there are boating safety rules which must be adhered. If the accident was the result of an operator's intoxication or drug use and they are accountable. Because of the unstable nature and the conditions of water and weather boating requires a higher concentration and awareness.
In a successful boating accident case the victim may be able to recover compensatory damages to compensate for their losses and costs. These expenses could include medical bills directly and lost wages due to missed work. They also cover property damage, as well as pain and suffering. If you have health coverage it will typically cover a portion of these costs. This is particularly relevant for maritime workers who are covered by the Jones Act to compensation, which is a law dating back to the 1800s that provides injured maritime workers with a similar pathway to recovery to workers who receive compensation.
Preparation
While no amount of money will bring back a loved one who was injured or killed in an accident on the water but compensation for the damages can help families deal with the unexpected costs that result from their losses. As with car accidents, boating accidents often involve multiple parties who may share responsibility for the crash. It is important to consult a professional lawyer when seeking damages.
Typically the victims of boat accidents are able to get the same kinds of damages as in a lawsuit involving a car accident, including damage to property, medical costs and lost earnings due to missed time at work. Additionally, they can seek compensation for emotional trauma or pain and suffering as well as loss of enjoyment.
There are a variety of factors that can contribute to an accident while boating however, frequently businesses or individuals are held accountable for an incident that occurs on the waterway due to of their negligent behavior. Boat operators, boat owners and employers are all common defendants.
In some cases the person who works on a boat can file for workers' compensation if they are injured in an accident, however it is usually a separate process than filing an injury claim on behalf of a person injured in the same incident.
Filing
Whether you own a palatial yacht or a quaint fishing boat, a devastating boating accident can be catastrophic. An experienced lawyer can help with obtaining compensation for your losses.
As with car accidents, those who are injured in a boating collision may bring a personal injury lawsuit against the party at fault for damages. A successful claim can cover medical expenses as well as lost income, pain and discomfort, and other financial losses that result from the incident. The severity of your injuries plays a big role in how much the defendant must pay you. A victim with a severe spinal cord injury or traumatizing brain damage will likely face high medical bills and a loss of future earnings potential.
In addition to the need to prove negligence the plaintiff must also establish the cause of the injury. This means that your injuries were caused by the defendant's inability to take reasonable precautions to avoid harming others while on water. Examples of breaches include operating a boat drunk, and thereby losing control of a vessel or not leaving enough space for other vessels.
An experienced attorney can evaluate the evidence to determine who are accountable for your accident. They will also negotiate on behalf of you with the insurer of the defendant and other legal counsel. If you fail to agree to a settlement, your case will be tried, and the jury will make a decision on liability and damages.
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