How to File a Boat Accident Lawsuit

The cost of serious boating injuries can be a lot of money. A personal injury attorney can assist you in determining who is responsible and the best way to file a claim.

In general, as with motor accidents in vehicles, you will need to show 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 will need for your case.

Damages

The most commonly incurred damages from boating accidents are medical expenses loss of income, Boat Accident Lawsuit suffering. The severity of your injuries will play a large part in determining the amount you can receive from a settlement or a jury award. Catastrophic injuries like traumatic brain injury, spinal cord injury, or permanent disfigurement often result in higher settlement or verdict amounts.

Medical expenses could include hospital bills, ambulance fees visit to the doctor, physical therapy, medications and other associated expenses. Your attorney will prove the totality of your current and future medical expenses. In some states, you can also be awarded compensation for future losses due to your injuries. These can include the cost of the use of a home health aid, or additional physical therapy sessions, and also the loss of future earning capacity.

The liability can be established If the owner or operator was not able to maintain their vessel or had a low amount of safety equipment. If the vessel did not have whistles, flares or fire extinguishers, it's likely that they caused the accident.

A personal injury attorney can assist you with the burden of proof, by gathering evidence such as witness statements, photos or videos of the scene of the accident and medical records regarding your injuries. Your attorney can also challenge the claim that you are partially to blame for the accident.

Expert Witnesses

Like any other personal injury case, the best method to justify your claim for compensation is to have a well-established network of experts who can provide evidence. Expert witnesses are highly skilled professionals with specialization in their area of expertise. They can provide evidence that an accident occurred. They are compensated for their opinions and they can add the weight of the case.

For instance, a marine engineering expert witness could recreate the technical incidents of the accident of a boat by analyzing evidence like speed calculations and how visibility impacts collisions. They can also testify on whether safety regulations were followed or not.

Another important expert witness is a medical professional who will testify on the extent of your injuries as well as their long-term consequences. They can also discuss the impact of your injuries on your life and how it could affect your claim for damages.

Expert witnesses in admiralty and maritime can examine the causes of accidents that involve recreational boats, personal watercrafts or commercial ships. They can also provide analysis and testimony regarding maritime laws, including those governing ship classification, surveying, and design.

Shared Fault

Similar to how an inattention-deficient driver or reckless can result in an accident in a car and a drunken boat owner can put themselves and their passengers at risk of serious injuries. When boat accidents occur it is important for injured parties to seek compensation from all responsible parties.

Immediately following any boat accident it's crucial to ensure everyone is safe and receives immediate medical attention, should it be required. When possible, it's important to collect information about the incident such as contact details from witnesses, pictures of the scene, and names and phone numbers of any other boaters or boat owners who were involved in the collision. It's important to report the incident to law enforcement authorities.

Insurance companies of responsible parties require victims of boat accidents to keep their statements. A lawyer can help not provide details to insurance companies that could be used by them to decrease or even throw your claim.

A York County boat accident lawyer can collect evidence, eyewitness testimony along with police reports and photos of the scene to build a solid case for you. The majority of personal injury claims and wrongful-death lawsuits must be filed within four years from the date of the incident. If you contact an attorney, they can begin collecting evidence and constructing your case.

Insurance Companies

A successful personal injury claim will require proof of negligence similar to car accident lawsuits. This involves proving that the person who caused your injuries has violated a legal obligation, and that the breach caused the majority of your damages. Our lawyers can review your evidence to determine who's responsible for your boating accident and seek compensation on behalf of you.

It is important to seek medical attention as soon as possible following a boating incident. A visit to a doctor can assist you in determining the severity of your injuries and directly connect them to the accident. It is also important to take photos of your bruises, wounds and keep a log. The organization of your documents will speed up claims and help you build an argument that is strong.

Sometimes the party responsible for your injuries doesn't need to be present in order to be held accountable. For instance, you can to sue the boat accident lawsuit maker when you discover a manufacturing defect. Our team will review your case to determine if you have a valid claim.

If you have an appropriate claim against the responsible party, our attorneys will file a claim in court containing all relevant details regarding your accident and the damages that you are seeking. The discovery process then started, in which both parties exchange pertinent information, including interrogatories and sworn depositions. Then, a settlement will be reached or the case is sent to trial.