A Lawyer Can Help You File a Boat Accident Lawsuit A boating accident could cause severe medical expenses financial strain and bankruptcy A lawyer can help you receive the money you are due In general, you can recover damages by proving that a person or entity owed you a duty of care and failed to fulfill it, resulting in your injuries There are four major elements to a successful boat accident lawsuit Damages Boat accident victims are entitled, as do others who suffer personal injuries, to compensation for their losses These damages can include medical expenses, lost wages and future earning capacity, property damage, suffering and emotional stress The jury award you receive will depend on your injuries and how long it takes you to recover Catastrophic injuries tend to lead to larger settlements and jury awards These injuries may include brain injuries that are traumatic TBI as well as spinal cord injury SCI and permanent disfigurement It may be difficult to decide who is accountable for your boating accident Your attorney will determine the cause of the incident and determine who that could be responsible for your losses This could include the owner of the boat, any other drivers on the boat, or any other people who were aboard when the incident took place In https//vimeocom/709747168 , it could be possible to sue the boat's manufacturer if it is proven that an ineffective component caused your injury This is referred to as product liability and is covered by the same laws as automobile manufacturers Contact an attorney as quickly as you can if you're considering making this claim An attorney can guide you through the entire process and ensure that all damages are repaid Liability It is important to realize that, much like a car accident lawsuit, a boating injury lawsuit must be able to prove four elements in order to be successful This includes proving a defendant's obligation to perform this duty, the breach of that obligation, actual damages, and causation This is a complicated task that requires the expertise of a personal injury lawyer Recklessness and negligence can cause accidents on boats Safety regulations for boating must be adhered to as do road rules Additionally, if the accident occurred as a result of the operator being under the influence of alcohol or drugs, he or she may be held accountable Due to the unpredictable nature of the weather and water boating requires a high concentration and awareness In the event of a boating accident that is successful the victim is entitled to compensatory damages to pay for their losses and expenses These expenses could include medical bills directly and lost wages due a loss of work They also cover the cost of property damage as well as pain and suffering If you have health coverage generally, it will pay for a portion of these expenses This is particularly relevant to maritime workers who are covered by the Jones Act to compensation, which is a law dating back to the 1800s that offers injured maritime workers the same pathway to recovery to workers in compensation Preparation While no amount of money will bring the loved ones back who was injured or killed in an accident on the water however, compensation for damage can assist families with the 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 essential to consult a professional lawyer when seeking damages In most cases, victims of boating accidents can claim the same types damages as they would in a car accident such as property damage and medical expenses, in addition to lost wages due the absence of work Additionally, they can seek compensation for emotional trauma as well as pain and suffering, and loss of enjoyment Many factors can cause an accident on the water and, in many cases, the person or company is held liable for an accident that happens on the waterway because of their negligence The typical defendants are those who operate the boat or the owner of the boat or, if the accident occurred when the victim was on commercial vessels, the employer of that person In some cases an employee on a vessel can claim workers' compensation benefits if they are injured in an accident, however it is usually an entirely different process from filing an injury claim for personal injury in the same incident Filing If you own a grand yacht or a small fishing vessel, a serious boating incident can be devastating A skilled attorney can assist with obtaining compensation 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 as well as lost wages, pain and suffering, and other financial losses related to the incident The degree of your injuries plays an important role in determining how much the defendant must pay you A person suffering from a serious spinal cord injury or traumatizing brain damage is likely to face massive medical bills and a loss of future earnings potential A plaintiff must prove negligence and causation This means that the defendant breached their obligation to exercise reasonable care to avoid hurting others on the water and this was the primary cause of your injuries Some examples of breaches are operating a boat under the influence of alcohol or recklessly losing control of a boat or not allowing enough space for other vessels A seasoned attorney will assess the evidence and determine who is at fault for your accident The attorney will also negotiate on behalf of you with the defendant's insurer and other legal counsel If you cannot agree to a settlement, your case will be heard and the jury will make a decision on the amount of damages and liability