How to File a Boat Accident Lawsuit

A serious boating accident can cost an enormous amount. An attorney for personal injuries can assist you in determining who is responsible and how to proceed with a claim.

In general, as with motor accident cases, you need to prove that the negligent party breached their duty of care and was the primary reason for your injuries. There are a variety of key pieces of evidence your lawyer needs to gather to support your case.

Damages

Medical expenses loss of income, pain and discomfort are the most common damages for boating accidents. The severity of your injury will determine the amount you will be awarded in a settlement or jury verdict. For catastrophic injuries, such as traumatic brain injury or spinal cord injury or permanent disfigurement, tend to be more.

Medical expenses may include hospital bills, ambulance service charges visit to the doctor, physical therapy, medication and other costs. Your attorney will work to establish the past and future medical expenses. In some 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.

Liability is easier to establish If the owner or operator failed to maintain their vessel or had a low amount of safety equipment. For instance, if a boat was not equipped for life jackets or flares, fire extinguishers or whistles it is likely this was a factor in the accident.

A personal injury lawyer can help you meet the burden of proof, by gathering evidence, such as witness statements, photographs or videos of scenes from accidents, and medical documentation about your injuries. Your attorney can also contest allegations that you are partially accountable for the accident.

Expert Witnesses

Like any other personal injury situation, the best way to justify your claim for compensation is to have a established network of experts to provide testimony. Expert witnesses are highly trained experts with specialized training in their field. They can show the cause of an accident. They are paid for their opinion, and they can add significant weight to a case.

A marine engineering expert witness for instance, can recreate the technological events that caused a boating crash by studying evidence such as speed calculations and collisions caused by visibility. They can also testify as to the safety rules that were adhered to, or if any were not.

A medical professional is also an important expert witness. They can testify on the severity of your injuries, as well as their long-term consequences. They can also explain the effects of your injuries on your life, which could affect your claim for damages.

Expert witnesses in maritime and admiralty can analyze the causes of accidents that involve recreational boats, personal watercrafts or commercial vessels. They can also offer analysis and testimony on maritime laws, including those that govern classification of ships, surveying, and design.

Shared Fault

Just as an inattention-deficient or reckless driver can cause a catastrophic car accident, an intoxicated boat operator can put multiple individuals, including themselves and their passengers at risk of serious injuries. In the event of a boat accident, it is important that the injured party seek compensation from all parties accountable.

After any boat crash it is crucial to ensure everyone is safe and receives prompt medical attention, if necessary. Then, as soon as possible, you should collect any information regarding the incident including contact information from witnesses, photos of the scene, and names and contact numbers of any other boaters or boat owners who were involved in the collision. It's also important to file a formal report with police.

Insurance companies of liable parties require victims of boat accidents to document their accounts. An attorney can help avoid giving insurance companies information that could be used to reduce the value of your claim or to throw the claim completely.

A York County boat accident lawyer can gather evidence, eyewitness testimony police reports, eyewitness testimony, and photos of the scene to build a strong case for you. Most personal injury lawsuits as well as lawsuits involving wrongful deaths have to be filed within 4 years from the date of the incident. The sooner you meet with an attorney, the quicker they can begin gathering evidence and creating your case.

Insurance Companies

A successful personal injury claim will require proof of negligence, just like lawsuits involving car accidents. This includes proving that the person who caused your injuries breached a legal duty and that the breach was the main cause of your injuries. Our lawyers can examine the evidence of your boating accident to determine who's liable and pursue compensation on your behalf.

As soon as possible after an incident on a boat it is imperative to seek medical treatment for any injuries. The visit to a doctor will aid in documenting the extent of your injuries and will directly link them to the incident. It is also essential to take pictures of the injuries you sustained, bruises and keep a journal. Organizing these documents can speed up the claims process and will help your attorney build your case.

Sometimes, the person responsible for your injuries doesn't have to be present in the room. For instance, you can to sue the boat accident law firms maker when you discover an issue with the manufacturing process. If you've suffered injuries on a defective product, our team can look over the facts of your case and determine if there is a valid claim against the manufacturer or retailer.

If there is a viable claim against the person responsible Our attorneys will begin by filing a claim with the court that provides all pertinent details regarding your accident and the damages you seek. Then comes the discovery process, where both parties exchange information, including interrogatories, sworn depositions and so on. The case could be resolved or sent to trial.