How to File a Boat Accident Lawsuit

A serious boating accident can cost an enormous amount. An attorney for personal injuries can help you determine who is responsible and the best way to file a claim.

In general, similar to in motor accidents in vehicles, it is important to prove that the negligent person violated their duty of care, and that caused your injuries. Your lawyer will have to gather evidence for your case.

Damages

The most common damages from boating accidents include medical expenses, lost income, and the pain and suffering. The degree of your injuries will play an important part in determining the amount you could get from a settlement or jury award. Traumatic brain injury or spinal cord injury or permanent disfigurement often result in more money in settlements or verdicts.

Medical expenses may include hospital bills, ambulance service charges doctor's visits, therapy, medications and other expenses. Your attorney will document all of your previous and future medical expenses. In some states, you can also be awarded damages for future losses that are related to your injuries. This could include the cost of an aide at home or additional physical therapy appointments, as well as the loss of earning capacity in the future.

It is easier to determine liability If the owner or operator failed to maintain their vessel or possessed an inadequate amount of safety equipment on board. For example, if the boat did not have life jackets flares, fire extinguishers, flares, or whistles it is likely that this was a factor in the accident.

A personal injury lawyer can help you satisfy your burden of proof by gathering evidence, such as pictures or videos of the accident scene as well as witness statements and medical documentation of your injuries. Attorneys can also fight the claim that you're partially responsible for the accident.

Expert Witnesses

In any personal injury case, having a reliable network of experts who can testify is the best method to prove any claim for compensation. While eyewitnesses can help prove that the incident occurred, expert witnesses have specialized qualifications that make them highly credible experts in their matter. They are usually paid for their opinion and can provide a significant amount of credibility to an argument.

For example, a marine engineering expert witness could recreate the technical events that led to the accident of a boat by analyzing evidence like speed calculations and how visibility influences collisions. They can also testify about whether safety guidelines were adhered to, or if any were not.

A medical professional is a second important expert witness. They can testify on the severity of your injuries, and their long-term consequences. They can also explain how your life will be different due to them, which may impact your demand for damages.

Expert witnesses in maritime and admiralty can look into the causes of accidents involving recreational boats, personal watercrafts as well as commercial vessels. They can also provide testimony and analysis of maritime laws like those that regulate ship classification surveying, design and classification.

Shared Fault

Just as a reckless or inattentive driver can cause a devastating car accident, an intoxicated boat operator can put multiple people, including themselves as well as their passengers at risk of serious injuries. In the event of a boat collision it is essential that injured parties seek out compensation from all the parties responsible.

It's crucial to ensure that everyone is protected immediately following any boat collision and that they receive prompt medical attention if required. When feasible, it's beneficial to collect any information regarding the incident such as contact details from witnesses, pictures of the scene, as well as the names and phone numbers of any other boaters or owners who were involved in the collision. It's essential to report the incident to law enforcement.

Insurance companies of liable parties request victims of Salem Boat Accident Attorney accidents to document their claims. An attorney can help avoid giving information to insurance companies that could be used to decrease the value of your claim or even to cancel it out completely.

An experienced York County graham boat accident lawyer accident attorney can collect evidence including eyewitness testimony, police reports, and photographs of the scene of the accident to make an impressive case on your behalf. The majority of personal injury and wrongful death lawsuits need to be filed within four years after the incident. If you contact an attorney, they will be able to begin collecting information and building your case.

Insurance Companies

A successful personal injury lawsuit will require proof of negligence just like lawsuits involving car accidents. This requires proving that person who caused your injuries violated a legal obligation and that the breach was the proximate cause of your damages. Our lawyers will review the evidence from your boating accident to determine who's accountable and seek compensation on your behalf.

As soon as possible after an accident on the water it is vital to seek medical treatment for any injuries. Going to the doctor will aid in documenting the extent of your injuries, and directly connect them to the accident. It is also important to take photos of your wounds and bruises and keep a journal of your experiences. Organizing these documents can expedite the claim process and help your attorney create an effective case for you.

Sometimes, the party responsible for your injuries does not have to be present in order to be held accountable. For instance, you may claim against the company that manufactured your boat, if there's an issue with the manufacturing process or a failure to warn you of potential dangers. If you have been injured on a defective product, our team will review the specifics of your case and determine whether there is a valid claim against the manufacturer or retailer.

If there is a viable claim against the responsible party, our attorneys will start by filing a complaint to the court, which contains all the pertinent details about your accident as well as the damages you seek. This is followed by the discovery process where the parties exchange information, including interrogatories and depositions in sworn testimony. Finally, a settlement is reached or the case is referred to trial.