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Boating accidents could be a dangerous and expensive experience. Individuals could sustain devastating injuries and damage in a boating accident. The process of seeking legal recovery could be a daunting task for anyone on their own. Navigating legal deadlines, boating laws and regulations, and opposing lawyers on your own could be disadvantageous. The experience and dedication of a Hammond boat accident lawyer could help ease the process.
If you or a loved one were severely injured due to the negligent actions of another, a diligent personal injury attorney could examine your case and help you weigh your options moving forward.
Negligence is often used in a variety of personal injury cases where one party unintentionally causes damage to another. With the help of a skilled Hammond boat accident lawyer, injured claimants could seek personal and property damages based on a theory of negligence. There are four main elements of negligence include duty, breach, causation, and harm.
Under certain circumstances, defendants owe a duty to exercise reasonable care to prevent an unreasonable risk of harm to others. Drivers of motor vehicles, including boats, are required to operate their vehicles with reasonable care. Boat drivers, for example, have a duty imposed by federal and state law to look out for potential hazards.
Defendants that fail to exercise reasonable care are said to be in breach of their duty of care. A failure to act or an omission to act could both serve as evidence of a breach of duty.
A plaintiff must show that a defendant’s breach was the actual and proximate cause of their injuries. The actual cause is the factual cause of the accident. But for the defendant’s negligent behavior, the plaintiff would not have suffered harm. The proximate cause of the defendant’s injuries is the legal cause of the accident. In court, boat accident plaintiffs in Hammond would have to show that the defendant’s conduct was reasonably related to the harm that was suffered. For example, if the defendant was negligently driving their boat, but the plaintiff’s injuries resulted from a lightning boat, actual or proximate cause would not be present.
Boat accident injuries could range anywhere from bodily injuries (including spinal cord injuries or TBI) to property damages. Boat accident victims in Hammond could pursue four types of legal recovery under this type of claim.
The first type of damages is economic damages. These damages could be accurately proven through documentation and include things like medical bills, out-of-pocket expenses, and lost wages.
The second type of damages is non-economic damages, which are less easy to prove and are usually determined by the court based on multiple factors. These non-monetary damages might include pain and suffering, and emotional distress that resulted from the boat accident.
Punitive damages, the third type of damages, are less likely to be awarded. These damages are used to punish the defendant for their wrongful conduct, which rises above ordinary negligence.
The hard work of a Hammond boat accident lawyer could help ease the pain of seeking your legal recovery. You have likely already been stressing enough healing from injuries and repairing property damage. The guidance and support of a McCready Law attorney could help make the process less confusing and potentially more rewarding. Schedule a consultation today to learn more about your legal options.