Aventura Boat Accident Lawyer
Most injuries from boat accidents occur because of another boat pilot’s negligence. Whether they failed to pay attention to what they were doing, piloted a boat while under the influence, or crashed because of inexperience, you may be entitled to sue them for compensation. In many cases, lawsuits for boat accident injuries can help pay for medical expenses, lost wages, and pain and suffering you faced because of the boating accident.
If you or a member of your family was injured in a boat accident in the Aventura area, talk to Aventura boat accident attorney Prosper Shaked today. The Law Offices of Prosper Shaked are dedicated to helping injury victims and their families recover compensation and seek justice for the harms they faced because of someone else’s negligence. For a free consultation on your boating case, call our law offices today at (305) 690-0244.
Suing for Boating Injuries in Aventura, FL
Any time you are injured because of another person’s negligence, you may be entitled to file a lawsuit to recover damages. When you sue for personal injury, your lawsuit is usually based on the claim that the other person was “negligent” when they caused your injuries. It is easier to prove negligence than it is to prove that the other person intentionally harmed you, and, in most cases, the injuries may have been accidental. However, many accidents have a concrete cause, and courts can order the party who caused the accident to pay the victim to set things right.
When proving your boat accident case, you must prove four factors to show that the defendant negligently caused your injuries. These four elements are:
- The defendant owed you a duty,
- The defendant breached that duty,
- The breach caused your injuries, and
- Your injuries resulted in damages the court can compensate you for.
When determining the duty the other pilot owed you, your attorney may look to boating laws and common safety practices. The simplest duty that another boater might owe you is the duty to operate the boat with the care and skill that an ordinary boat operator in their situation would use. That means that common safety practices like driving sober or keeping proper lookout for other vessels should be followed at all times. If the other boater failed to follow these practices or otherwise broke specific boating laws that lead to the accident, you may be able to prove they breached the duty.
Damages for Florida Boat Accident Lawsuits
You must also prove that their failure to use the proper care or skill caused damages for you. Most boat accidents involve monetary damages, such as property damage, medical bills from the injuries you suffered, and lost wages if the injuries were so severe that you had to miss work. You may also suffer more intangible harm, like the physical pain and mental suffering from your injuries. You can claim any of these damages, and more, when you file a lawsuit against the responsible parties.
When suing for damages, you can only recover the damages you can prove. This means gathering evidence to help show what harms you suffered. Medical bills and bank statements provide excellent evidence of how much your medical care cost, which makes proving those damages somewhat simple. It may be more difficult to prove ongoing medical care costs, especially if your condition is likely to worsen. However, you can work with “expert witnesses” who can analyze your case and make projections of how much your injuries will continue to cost.
If you missed work, you can prove what wages you lost by demonstrating what your typical wages are. Pay stubs from before your injury and the subsequent lack of funds in your bank account can help show how much pay you missed while you recovered. If your injuries are severe enough to leave you with a diminished work capacity, you may be unable to return to work or may need to take a lower-paying job. Financial experts can be used to project the future lost wages you will suffer, which can be included as part of the claim.
The damages you claim for pain and suffering are more intangible and are harder to prove. One of the best gauges of how much your pain and suffering is worth is your own testimony of how the injuries affected you. Being unable to enjoy activities you once loved or constantly feeling pain that makes it hard to get around the house are all excellent facts that help prove how much you deserve in pain and suffering damages. These damages are often a substantial part of an injury lawsuit, so you should keep good records of your pain and recovery in a journal to help prove your case.
You may be entitled to other various damages in addition to these, so discuss your case with an attorney to get a better idea of the full value of your case.
Aventura Boat Accident Lawyer Offering Free Consultations
If you or a loved one was injured in a boating accident in the Aventura, Florida area, talk to an attorney today. Aventura boat accident lawyer Prosper Shaked represents boat accident injury victims and their families and works to get them the compensation they need in a boat accident lawsuit. For help understanding your options for filing a lawsuit and understanding what your case is worth, call The Law Offices of Prosper Shaked today at (305) 690-0244.