Boating, although an enjoyable leisure activity, can sometimes result in serious harm. Boating accidents can happen in a fraction of a second and leave individuals involved with severe injuries and significant property damage.
Consulting a DuBois boat accident lawyer could be beneficial if you or someone you love has been hurt in such an incident. An experienced personal injury attorney could help you make a claim and negotiate with insurance companies. Additionally, qualified legal counsel could ensure you are properly compensated for your losses.
Plaintiffs in boating accidents usually rely on negligence as the basis for their case. This legal theory contends that due to the defendant’s carelessness, the plaintiff sustained injuries as well as other losses.
In DuBois, a lawyer must show several elements to establish the defendant’s negligence in a boating accident. First, a lawyer must demonstrate that the defendant owed a legal duty of care to the plaintiff. This legal duty could be the responsibility to operate a boat only at a safe speed and to remain free of the influence of drugs or alcohol.
Second, a plaintiff must demonstrate that the defendant breached his or her duty of care. This requires evidence that the defendant drove carelessly in some capacity, which could include a violation of laws pertaining to speed.
A claimant must then prove that the breach of duty was the cause of his or her damages. As a result, defendants may point fingers at the plaintiff or other circumstances to shift the blame. Fortunately, Pennsylvania law protects claimants, as long as they are not more than 50 percent responsible for the harm, and allows claimants to recover even if they are partially at fault. Call a dedicated lawyer to help with establishing negligence.
Boating collisions could result in serious damage to both the watercraft and the people on board. Fortunately, there are several types of damages or losses a plaintiff may be eligible to seek under state law.
A plaintiff may be able to obtain monetary compensation for their physical pain and mental anguish as a result of the accident. These damages include loss of companionship and decreased quality of life. Non-economic damages are subjective and often vary from case to case.
A jury weighs the evidence presented and calculates a figure that represents what a plaintiff has experienced. A skilled DuBois boat accident attorney could ensure that a claimant is adequately compensated for his or her pain and suffering following a boat wreck.
In addition to compensation for physical and mental anguish, an injured individual may seek recovery for any out-of-pocket expenses that stemmed from an accident. A plaintiff may seek damages for lost wages, lost future earning capacity and medical bills. Medical expenses may include those reasonably necessary to the treatment, such as emergency services, hospital stays, surgeries and procedures, and long-term treatments or rehabilitation.
Following a boating collision, you could be facing physical and mental suffering, along with stressful financial burdens. When another person’s negligence causes your injuries, you have the right to seek compensation from the responsible party.