How to File a Boat Accident Lawsuit

The cost of serious boating injuries can be an enormous amount of money. An attorney for personal injuries can assist you in determining who is accountable and boat accident how to claim.

In general, just like motor accident cases, you need to prove that the negligent party breached their duty of care and was the proximate cause of your injuries. There are several key pieces of evidence your lawyer needs to gather for your case.

Damages

The most common damages that result from boating accidents are medical expenses loss of income, the pain and suffering. The severity of your injuries will play a significant factor in determining the amount you could receive from a settlement or jury award. Amounts for catastrophic injuries like the traumatic brain injury, spinal cord injury, or permanent disfigurement generally are more.

Medical expenses may include hospital bills, ambulance service charges visits to the doctor, physical therapy, medications, and other related expenses. Your attorney will work to establish the past and future medical expenses. In some states, you could also be awarded compensation for future losses related to your injuries. These could include costs for a home health aide or additional physical therapy sessions, as well as loss of future earning capability.

Liability is more easily established if the boat owner or operator did not maintain their vessel or had a low amount of safety equipment on board. For example, if the boat was not equipped with life jackets, flares, fire extinguishers, or whistles it is likely this caused the accident.

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

Expert Witnesses

In any personal injury case having a network of established experts who can testify is the best way to prove any claim for compensation. Expert witnesses are highly skilled experts with specialized training in their field. They can provide evidence the cause of an accident. They are compensated for their opinions, and they can be a lot of weight in the case.

A marine engineering expert witness, for example, can recreate the events that led to a boating accident through analyzing 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.

Another key expert witness is an expert in medicine who can be a witness to the severity of your injuries and their long-term effects. They can also describe how your life will change due to them, which may 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 as commercial ships and their crew. They can also provide analysis and testimony on maritime laws, such as those governing ship classification surveying, classification, and design.

Shared Fault

In the same way that an inattentional driver or reckless can result in an accident in a car, a drunk boat operator could put themselves as well as their passengers at risk of serious injury. In the event of a boating accident it is crucial that injured parties seek compensation from all parties accountable.

In the immediate aftermath of any boat accident lawsuits accident it is crucial to ensure everyone is safe and receives immediate medical attention, should it be required. In the earliest time possible, it's helpful to gather information about the incident, such as contact information from witnesses, photographs of the scene, and the names and contact numbers of any other boaters or owners who were involved in the collision. It's important to notify the police.

Insurance companies of responsible parties request victims of accidents on boats to record their declarations. An attorney can assist you to avoid giving insurance companies information that could be used to lower the value of your claim, or even throw the claim completely.

A York County boat accident lawyer can collect evidence, eyewitness testimonies police reports, eyewitness testimony, and photographs of the scene of the accident in order to create a strong case for you. Most personal injury lawsuits and claims for wrongful deaths must be filed within 4 years from the date of the incident. The sooner you consult with an attorney, they will be able to begin collecting information and building your case.

Insurance Companies

As with car accident lawsuits, any successful personal injury claim requires the proof of negligence. This involves proving that the person responsible for your injuries acted in violation of the law and that the breach was the sole cause of your injuries. Our lawyers will examine the evidence from your boating accident to determine who is accountable and seek compensation on your behalf.

As soon as you can after an accident on the boat it is crucial to seek medical attention to treat your injuries. A doctor will help you record your injuries and connect them directly to the accident. It is also essential to capture photos of your bruises, wounds and keep a log. The organization of these documents will speed up the claims process and will aid your attorney in constructing an effective case for you.

Sometimes, the person responsible for your injuries doesn't have to be in the room. For instance, you may take action against the manufacturer of your boat if there is an inadvertent manufacturing defect or failure to warn of dangers. Our team can look over your case to determine whether you have an appropriate claim.

If you have an appropriate claim against the responsible party, our lawyers will file a complaint with the court, stating all the pertinent details regarding your accident and the damages that you seek. The process of discovery is initiated, where the parties exchange pertinent information, including interrogatories or depositions in sworn testimony. Then, a settlement is reached or the case is referred to trial.