How to File a Boat Accident Lawsuit
A serious boating accident can cost a lot. A personal injury lawyer can help you determine who is responsible and the best way to claim.
In general, just like motor accidents in vehicles, you will need to prove that the negligent party violated their duty of care and was the main cause of your injuries. There are a variety of key pieces of evidence your lawyer will need to support your case.
Damages
The most common damages from boating accidents include medical expenses as well as lost income and suffering and pain. The severity of your injuries will determine the amount you could receive in the form of a settlement or jury verdict. Amounts for catastrophic injuries that include the traumatic brain injury, spinal cord injury or permanent disfigurement tend to be higher.
Medical expenses may include hospital bills, ambulance service fees visits to the doctor, physical therapy, medication and other related expenses. Your attorney will work to establish your past and future medical expenses. In certain states, you could also be entitled to compensation for future expenses resulting from your injuries. This could include the cost of an aide at home or additional physical therapy appointments, and loss of earning potential in the future.
The liability can be established more easily if the boat accident law firm operator or owner did not maintain or equip their vessel with safety equipment. For instance, if the boat was not equipped for life jackets, flares, fire extinguishers or whistles It is likely that it contributed to the incident.
A personal injury lawyer can assist you to meet your burden of proof by assembling evidence such as pictures or videos of the accident scene, witness statements, and medical records of your injuries. Your attorney may also contest the claim that you are partially responsible for the accident.
Expert Witnesses
For any personal injury situation, the best way to justify your claim for compensation is to have a well-established network of experts to provide evidence. Expert witnesses are highly educated professionals with specialization in their area of expertise. They can prove that an accident occurred. They usually get paid for their opinions and can bring a lot of weight to an argument.
For instance an expert in marine engineering witness could recreate the technical events that led to the accident of a boat by analyzing evidence like speed calculations and how visibility affects collisions. They can also testify on the way safety regulations were adhered to or if they were violated.
Another crucial expert witness is medical professionals who can be a witness to the severity of your injuries and their long-term effects. They can also discuss how your life will change due to these injuries, which could impact your claim for damages.
Admiralty and maritime expert witnesses can perform forensic investigations of the causes of accidents involving recreational vessels and personal watercrafts as well commercial vessels and their crew. They can also testify and analysis on maritime laws including those that govern classification of ships surveying, design and classification.
Shared Fault
Similar to how an inattentional driver or reckless may cause an accident in a car, a drunken boat operator could put themselves as well as their passengers at risk of serious injuries. When boat accidents happen, it’s important that injured parties seek compensation from all responsible parties.
In the immediate aftermath of any boat accident it’s crucial to ensure everyone is safe and receives prompt medical attention, if needed. In the earliest time possible, it’s important to collect any information regarding the incident such as contact details from witnesses, pictures of the scene, and the names and contact numbers of any other boaters or boat owners who were involved in the collision. It’s also essential to file a complaint with the law enforcement authorities.
Insurance companies of responsible parties require victims of accidents on boats to record 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 gather evidence, eyewitness testimony police reports, eyewitness testimony, and photos of the scene of the accident to create a strong case for you. Most personal injury and wrongful death lawsuits have to be filed within four years after the incident. If you get in touch with an attorney, they will be able to begin collecting evidence and building your case.
Insurance Companies
A successful personal injury claim will require proof of negligence just as with car accident lawsuits. This involves proving that the person who caused your injuries breached a lawful duty and that the breach was the main reason for your damages. Our lawyers can review the evidence of your boating accident to determine who is accountable and seek compensation on your behalf.
It is crucial to seek medical attention as soon as you can after a boating accident. 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 record photos of your wounds, bruises and cuts and keep a diary. In organizing these documents, you can speed up the claims process and help your attorney build a strong case for you.
Sometimes, the person responsible for your injuries does not have to be present in the room. For instance, you could sue the company that made the boat accident attorneys if it has a manufacturing defect or a failure to warn you of potential dangers. If you have been injured due to a defective product our team will review the details of your situation and determine if there is a valid claim against the manufacturer or retailer.
If you have a valid claim against the responsible party, our lawyers will file a complaint with the court listing all the relevant details regarding your accident and the damages that you are seeking. Then comes the discovery process in which both parties exchange information, which includes interrogatories and sworn depositions. In the end, a settlement can be reached or the case is sent to trial.