A Lawyer Can Help You File a presidio boat accident lawsuit accident lawsuit (Vimeo.Com)

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

In general, you can seek damages by proving that an individual or entity had a duty to care and violated it, leading to 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 include medical expenses, lost earnings and future earnings potential and property damage emotional distress, suffering and pain.

The amount of money you receive from a jury will depend on the extent of your injuries, and how long it will take for you to recover. The most severe injuries can result in larger settlement and jury awards. These can be brain injuries that are traumatic (TBI) and spinal cord injury (SCI) and permanent disfigurement.

It might be difficult to decide who is responsible for your boating incident. Your attorney will evaluate the causes of the accident and pinpoint any parties that might bear liability for your losses. This could include the owner of the boat, other boat drivers as well as any other individuals who may have been on board when the accident occurred.

In some instances it is possible to pursue a claim against a manufacturer of the boat if there is evidence that it had a defective component that caused your injury. This is referred to as product liability, and falls under the same laws that apply to automobile manufacturers. It is important to consult with an attorney as soon as you can when you're considering pursuing this kind of claim. An attorney can guide you through the process and help ensure that all the damages you are entitled to are recovered.

Liability

It is vital to remember that, like a car accident lawsuit a lawsuit for boating injuries must be able to prove four elements in order to be successful. This includes proving that the defendant's duty of care, the breach of that duty of care, actual damages, and the causation. This is not an easy task, and requires the expertise of a seasoned personal injury lawyer.

Unsuspecting and negligent behavior can lead to accidents while boating. Boating safety regulations should be adhered to, as do road rules. If the accident was caused by the operator being under the influence of alcohol or drugs and he or she could be held accountable. It is important to remember that boating activities require an intense level of concentration and awareness due to the unpredictable nature of weather conditions and the water.

A successful lawsuit involving a boating accident will result in compensatory damages which are meant to compensate the victim for their costs and losses. These costs can include medical bills directly and lost wages due to missing work. These can also include damages to property and pain and suffering. If you have health coverage it will typically cover a portion of these costs. This is especially relevant to maritime workers who are entitled under the Jones Act to compensation, a century old regulation that provides injured maritime workers with the same path to recovery to workers in compensation.

Preparation

While the sum of money won't bring the family member who was injured or killed in a boating accident, compensation for damages can help families deal with the unexpected financial burdens that come with their losses. Like car accidents boating accidents typically involve multiple parties who may be responsible for the collision. It is important to consult a professional lawyer in the event of a claim for damages.

Typically those who suffer from boat accidents can claim the same damages as in a car crash lawsuit that includes property damage, medical expenses and lost wages due to the time they missed at work. Additionally, boat Accident Lawsuit they can seek damages for emotional trauma, suffering and also loss of enjoyment of their lives.

A number of factors can contribute to a boating accident however, frequently a person or business is responsible for an accident that occurs on the waterway due to of their negligent behavior. The most common defendants are the operator of the boat, the boat owner, or, if the incident occurred during the time the victim was on an commercial vessel, it is the employer of the person who was responsible for the accident.

Workers' compensation benefits are provided to boaters injured in an accident. However it's a different procedure than filing an individual injury lawsuit for the same incident.

Filing

Whether you own a palatial yacht or a humble fishing boat, a serious boating accident can be catastrophic. A skilled attorney can help you recover damages for your losses.

Similar to car accidents, those who are injured in a boating incident may make a personal injury claim against the responsible party for damages. A successful claim could cover medical expenses and lost wages, as well as suffering and other financial losses relating to the incident. The severity of your injuries will determine how much you owe the defendant. For instance, a person suffering from a brain injury that is traumatic or severe spinal cord injury will likely face significant medical bills and lose future earning capacity.

In addition to showing negligence, a plaintiff must also establish the causality. This means that your injuries were caused by the defendant's inability to use reasonable care to protect others on water. Some examples of violations include being drunk on a boat or recklessly losing control of a vessel, or not allowing enough space for other vessels.

A seasoned attorney can review the evidence to determine who are liable for your accident. He or she can also negotiate on behalf of you 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 make a decision on the liability and damages.