Both personal and commercial watercrafts are familiar sights along Louisiana’s various coastlines and waterways. Unfortunately, some individuals who operate these vessels ignore or fail to follow proper safety precautions and legal requirements for boating in. If you are injured in a boat accident, you may wish to seek the advice of a Marksville boat accident lawyer.
If another person’s negligence led to your boat accident injuries, you may be entitled to compensation for your losses. You could seek compensation for the medical bills, time lost from work, and pain and suffering you suffered following a boating accident. A caring personal injury attorney could help explain the legal theory of negligence and assist you with any potential legal claims.
Filing a Boating Accident Lawsuit
When individuals suffer an injury in a recreational boat accident, the legal theory of negligence could be used to file a claim alleging injury. This means harmed individuals could file a lawsuit against any person whose actions led to their injuries.
For a successful personal injury claim, injured people usually present evidence that the at-fault party owed them a duty of care. Injured parties must then demonstrate a breach of the duty and how the breach caused injuries. By establishing this series of events, Marksville boat accident attorneys may be able to show a defendant’s liability for the accident and cost of injuries to the court.
For a free legal consultation with a boat accident lawyer serving Marksville, call (318) 777-7777
Laws Pertaining to Marksville Watercraft Accidents
Certain federal laws specifically pertain to claims arising from boating accidents. For example, the Jones Act applies to seamen who are injured on commercial vessels, while other maritime industry workers are protected following work injury under the Longshore and Harbor Workers Compensation Act.
These laws have unique applications for different accident claims relating to boats and ships. Consequently, many harmed parties rely on a Marksville boat accident lawyer to help explain the laws and how they can apply to a harmed person’s situation.
The Jones Act
The Jones Act covers seamen who are injured while on commercial vessels as a result of employer or supervisor negligence or due to a poorly maintained vessel. Typically, this Act covers a harmed seaman’s living expenses while they unable to work, as well as the costs of medical treatment. It may also pay for alternative job training if an individual is unable to return to their previous job, and could furthermore provide compensation for pain, suffering, and loss of future income.
In the context of the Jones Act, “seamen” include any individual who spends at least 30 percent of their work hours serving on vessels in navigable waters. The term also includes people assigned to work with a vessel or a fleet of vessels, or those who work on a navigable vessel.
The Longshore and Harbor Workers Compensation Act (LHWCA)
While the Jones Act applies only to seamen, the LHWCA provides benefits for a wide variety of maritime industry employees. Unlike a traditional personal injury suit, there is no requirement that an injured worker proves negligence to file a claim under the LHWCA. Instead, injured workers simply must demonstrate that the injury occurred while they were working.
Eligible damages under the LHWCA may include:
- Medical expenses
- Two-thirds of lost wages
- Wrongful death compensation
Since the LHWCA is the sole source of remedy for many injured maritime workers, though, people who accept benefits under this Act waive their right to file a personal injury claim.
A dedicated boat accident attorney in Marksville could help injured people determine the most favorable way to recover from their unique injury. Then, they could assist with collecting evidence of harm and negligence to support a claim for compensation.
Marksville Boat Accident Lawyer Near Me (318) 777-7777
How a Marksville Boat Accident Attorney Could Help
The State of Louisiana maintains unique laws to help protect people injured while on the water. Depending on whether you were injured while working aboard a commercial vessel or simply enjoying an afternoon on the water, there may be various sources of compensation available to you.
Either way, a Marksville boat accident lawyer could help determine how relevant maritime laws apply to your unique situation and identify the possible methods to help you recover compensation. If you have suffered injuries due to a watercraft accident, reach out to a dedicated injury attorney to learn more about your legal options and begin working towards a favorable outcome.