How to File a Boat Accident Lawsuit

A serious boating accident can cost a lot of money. A personal injury lawyer can help you determine who is accountable and how to file a claim for compensation.

In general, just like motor accident cases, you need to establish that the negligent party violated their duty of care and this was the direct cause of your injuries. Your lawyer will need to gather evidence for your case.

Damages

The most frequent damages resulting from boating accidents are medical expenses, lost income, and suffering and pain. The severity of your injuries will play a large part in determining the amount you could receive from a settlement or an award. Traumatic brain injury or spinal cord injury or permanent disfigurement, usually result in higher settlement or verdict amounts.

Medical expenses may include ambulance fees, hospital bills doctor's appointments, therapy medications, and other expenses. Your attorney will establish all of your previous and future medical expenses. In certain states, you can be awarded compensation for future losses relating to your injuries. These could include the expense of an at-home health aid or additional physical therapy sessions, as well as the loss of earning capacity in the future.

The liability can be established if the boat owner or operator did not maintain their vessel, or had an insufficient amount of safety equipment. For instance, if the boat did not have life jackets or flares, fire extinguishers, or whistles it is likely that it contributed to the incident.

An attorney who specializes in personal injury can assist you with the burden of proof by gathering evidence, such as witness statements, photographs or videos of scenes from accidents as well as medical documentation of your injuries. Your lawyer can also contest claims that you were partially responsible for the accident.

Expert Witnesses

Like any other personal injury situation, the best way to justify your claim for compensation is to have a well-established network of experts to provide testimony. While eyewitnesses may help prove that the incident occurred, expert witnesses have specialized qualifications that make them highly credible experts in their matter. They usually get paid for their opinion and can add a lot of weight to any case.

A expert witness in marine engineering for instance, can recreate the events that caused a boating accident by analyzing evidence like speed calculations and collisions caused by visibility. They can also testify about whether safety guidelines were adhered to, or if any were not.

A medical professional is another important expert witness. They can testify about the extent of your injuries, as well as the long-term effects. They can also discuss the consequences of your injuries to your life and how it could impact your claim for damages.

Admiralty and maritime expert witnesses can conduct forensic investigations of the causes of accidents involving recreational vessels and personal watercrafts, as commercial vessels and their crew. They can also testify and analysis on maritime laws which govern ship classification surveying, design, and classification.

Shared Fault

Just as a negligent or careless driver can result in a devastating car accident, a drunk boat operator could put many people, including themselves and their passengers, at risk of serious injuries. In the case of a boat crash it is imperative that injured parties seek out compensation from all parties responsible.

In the immediate aftermath of any boat accident it's crucial to ensure everyone is safe and receives prompt medical attention, if needed. Then, as soon as possible, it's helpful to gather information about the accident including contact information from witnesses, pictures of the scene, as well as the names and phone numbers of any other boaters or boat owners who were involved in the collision. It's also crucial to file a report with police.

Insurance companies for liable parties often request victims of boat accidents to provide written statements. An attorney can assist you to avoid giving information to insurance companies that could be used to reduce the value of your claim or throw it out completely.

A seasoned York County torrington boat accident law firm accident attorney can collect evidence, eyewitness testimony, police reports, and photos of the scene of the accident to make an argument on your behalf. Most personal injury and wrongful death lawsuits must be filed within four years of the event. The sooner you meet with an attorney, the sooner they will begin collecting evidence and creating your case.

Insurance Companies

As with car accident lawsuits, an effective personal injury lawsuit requires proof of negligence. This involves proving that the person who caused your injuries has violated an obligation under law and that this breach was the sole cause of your injuries. Our lawyers will review your evidence to determine who's responsible for your boating accident and seek compensation on behalf of you.

As soon as you can following an accident on the water it is vital to seek medical attention to treat your injuries. The visit to a doctor will assist you in documenting the severity of your injuries and will directly link them to the accident. It is also essential to take photographs of your injuries and bruises as well as keep a log of your experiences. The organization of your documents will speed up claims and help you build a solid case.

Sometimes the party responsible for your injuries does not have to be present to be held accountable. For example, you could bring a lawsuit against the company who made the boat if it has a manufacturing defect or a failure to warn of dangers. If you've suffered injuries because of a defective product our team can look over the details of your case and determine if there is a valid claim against the manufacturer or retailer.

If there is a valid claim against the responsible party Our lawyers will begin by filing a lawsuit with the court that provides all pertinent information about your accident and the damages you want to claim. This is followed by the discovery process where both parties exchange information, lawsuit including interrogatories as well as sworn depositions. The case may be settled or referred to trial.