How to File a Boat Accident Lawsuit

Severe boating accidents can cost quite a bit. A personal injury lawyer can help sort out who might be responsible and the best way to seek compensation.

In general, like in motor accidents in vehicles, it is imperative to demonstrate that the negligent party violated their duty of care, and that this was the reason behind your injuries. Your lawyer will need to gather evidence to support your case.

Damages

The most commonly incurred damages from boating accidents include medical expenses, lost income, and suffering. The severity of your injuries will play a major part in determining the amount you can receive from a settlement or jury award. Amounts for catastrophic injuries that include the traumatic brain injury, spinal cord injury or permanent disfigurement, are usually more.

Medical expenses may include hospital bills, ambulance fees, doctor’s appointments, physical therapy, medication, and other costs. Your attorney will establish your past and future medical expenses. In certain states, you can be awarded compensation for future losses related to your injuries. This could include the cost of the use of a home health aid, or additional physical therapy sessions and a loss of future earning capacity.

Liability is more easily established If the owner or operator was not able to maintain their vessel or had an inadequate amount of safety equipment. If the vessel did not include whistles, flares and fire extinguishers, it’s likely that they caused the accident.

A personal injury lawyer can help meet your burden of evidence by assembling evidence, including photos or videos of the scene, witness statements, and medical documentation of your injuries. Attorneys can also fight claims that you are partly responsible for the accident.

Expert Witnesses

Like any other personal injury case, the best method to back your claim for compensation is to have a well-established network of experts to provide evidence. Expert witnesses are highly skilled experts with specialized training in their area of expertise. They can show that an accident occurred. They are usually paid for their opinion and boat accidents can provide a significant amount of credibility to the case.

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

A medical professional is a second important expert witness. They can testify about the severity of your injuries and their long-term implications. They can also describe the effects of your injuries your life, which may impact the amount of damages you claim.

Expert witnesses in admiralty and maritime can investigate the causes of accidents involving recreational boats, personal watercrafts as well as commercial vessels. They are also able to provide evidence and analysis of maritime laws including those that regulate ship classification surveying, design and classification.

Shared Fault

Just as a negligent or careless driver could cause a devastating accident in a car, an impaired boat operator can put several people, including themselves and their passengers at risk of serious injuries. If boat accidents do occur it is essential for the injured party to seek compensation from all responsible parties.

It is essential to ensure that everyone is protected immediately after any boat accident attorneys accident and that they receive prompt medical attention, if required. In the earliest time possible, it’s helpful to gather information about the accident like contact details from witnesses, pictures of the scene, and names and contact numbers of any other boaters or owners who were involved in the collision. It’s also essential to file a formal report with police.

Insurance companies for liable parties typically ask victims of boat accidents – Full Survey – to provide recorded statements. An attorney can help avoid giving information to insurance companies that could be used against you to decrease the value of your claim or even to cancel it completely.

A seasoned York County boat accident attorney can collect evidence of eyewitness testimony and police reports, and photographs of the scene of the accident in order to construct an impressive case on your behalf. Most personal injury lawsuits as well as lawsuits for wrongful death must be filed within 4 years of the incident. If you contact an attorney, they can begin collecting evidence and building your case.

Insurance Companies

A successful personal injury lawsuit will require proof of negligence, just like car accident lawsuits. This means that you have to prove that the party responsible for your injuries violated a legal obligation, and that this breach was the primary cause of your injuries. Our lawyers will examine your evidence to determine who’s responsible for your boating accident and seek compensation on behalf of you.

It is essential to seek medical attention as soon as possible after a boating accident. A doctor will help you document your injuries and link them directly to the accident. It is also important to take photos of your wounds, bruises and cuts and keep a journal. Organizing these documents can expedite the process of claiming and aid your attorney in constructing an argument that is strong for you.

Sometimes, the person accountable for your injuries doesn’t have to be in the room. For instance, you could you could sue the manufacturer of your boat when you discover an issue with the manufacturing process. If you have been injured on a defective product, our team can review the details of your situation and determine if there is a valid claim against the manufacturer or retailer.

If you have an appropriate claim against the responsible party our lawyers will file a complaint in court, stating all the pertinent information about your accident and the damages you seek. The discovery process is then started, in which both parties exchange relevant information including interrogatories, or sworn depositions. The case may be settled or referred to trial.