How to File a Boat Accident Lawsuit

The consequences of boating accidents can be a lot. An attorney for personal injuries can help you determine who is responsible and how to make 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 this was the main cause of your injuries. There are several key pieces of evidence your lawyer will need to support your case.

Damages

Medical expenses loss of income, discomfort and pain are among the most commonly cited damages in boating accidents. The severity of your injuries will play a major role in determining how much you will receive from a settlement or a jury award. For catastrophic injuries such as the traumatic brain injury, spinal cord damage or permanent disfigurement tend to be higher.

Medical expenses could include hospital bills, ambulance service charges visit to the doctor, physical therapy, medication and other related costs. Your lawyer will be able to prove the totality of your current and future medical expenses. In some states, you can also be awarded compensation for future losses relating to your injuries. These could include the expense of a home health aid or additional physical therapy sessions, as well as a loss of future earning capacity.

Liability can be established easily if the boat's operator or owner failed to maintain or equip their boat with safety equipment. If the boat did not include whistles, flares and fire extinguishers, it's likely that it contributed to the incident.

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

Expert Witnesses

In any personal injury matter, having a network of experts who can give testimony is the best way to support a claim for compensation. Expert witnesses are highly trained professionals with specialization in their field. They can show that an accident took place. They are usually paid to express their opinions and could be a huge asset to a case.

For example an expert in marine engineering witness can recreate the technical events that led to an accident on a boat by studying evidence such as speed calculations and how visibility affects collisions. They can also testify on the way safety regulations were adhered to or if they were violated.

A medical professional is also an important expert witness. They can testify on the extent of your injuries, as well as the long-term consequences. They can also provide an explanation of the consequences of your injuries to your life, which may impact your claim for damages.

Expert witnesses in maritime and admiralty can investigate the causes of accidents involving recreational boats, personal watercrafts as well as commercial ships. They can also provide analysis and evidence on maritime laws, such as the laws governing classification of ships, boat accident attorney surveying, and design.

Shared Fault

Just as a reckless or inattentive driver can result in a devastating accident in a car, an impaired boat operator can put several people, including themselves and their passengers at risk of serious injuries. In the event of a boat accident, it's important that injured parties seek compensation from all responsible parties.

It is essential to ensure that everyone is safe immediately following any boat collision and that they receive immediate medical attention if required. In the earliest time possible, it's important to collect information about the incident such as contact details from witnesses, pictures of the scene, and names and contact numbers of any other boaters or boat owners who were involved in the collision. It is crucial to report the incident to law enforcement.

Insurance companies that are liable for the loss of a party often ask victims of boat accidents to provide written statements. An attorney can help avoid providing information to insurance companies which could be used to reduce or even cancel your claim.

An experienced York County boat accident attorney can gather evidence including eyewitness testimony, police reports, as well as photographs of the scene of the accident to make a solid case on your behalf. Most personal injury lawsuits and wrongful death suits must be filed within four years from the date of the incident. If you get in touch with an attorney, they can begin collecting evidence and building your case.

Insurance Companies

Similar to car accident lawsuits, an effective personal injury lawsuit requires proof of negligence. This means proving that the person responsible for your injuries breached a lawful obligation and that the violation was the direct reason for boat accident attorney your damages. Our lawyers can examine the evidence of your boating accident to determine who's responsible and seek compensation on your behalf.

It is important to seek medical attention as quickly as you can after a boating accident. A doctor can help you record your injuries and connect them directly to the accident. It is also crucial to record photos of the injuries you sustained, bruises and keep a diary. Organizing your documents will expedite claims and help you create a strong case.

Sometimes, the person responsible for your injuries doesn't have to be present to be liable. For instance, you can claim compensation from the boat manufacturer in the event that you discover a manufacturing defect. Our team will review your case to determine whether you have an appropriate claim.

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