How to File a Boat Accident Lawsuit

A serious boating accident can cost quite a bit. A personal injury lawyer can help determine who is accountable and how to seek compensation.

In general, similar to in motor accidents in vehicles, it is necessary to show that the negligent party did not meet his duty of care and was the reason behind your injuries. Your lawyer will need to gather several pieces of evidence to support your case.

Damages

The most common damages that result from boating accidents are medical costs as well as lost income and the pain and suffering. The severity of your injuries will play a major factor in determining the amount you will get from a settlement or a jury award. For catastrophic injuries, such as traumatized brain injury or spinal cord injury or permanent disfigurement, tend to be higher.

Medical expenses can include hospital bills, ambulance fees doctor's visits, therapy, medication, and other related expenses. Your attorney will document the totality of your current and future medical costs. In some states, you may also be entitled to compensation for future costs resulting from injuries. This could include expenses for a home health aide or additional physical therapy sessions, as well as the loss of earning capacity in the future.

Liability is easier to establish if the boat owner or operator did not properly maintain their vessel, or had an insufficient amount of safety equipment on board. If the boat did not contain whistles, flares or fire extinguishers, it's likely that they contributed to the accident.

A personal injury lawyer can help satisfy your burden of proof by assembling evidence, including photos or videos of the scene witness statements, medical documentation of your injuries. Your lawyer can also challenge the claim that you're partially responsible for the accident.

Expert Witnesses

In any personal injury matter, having a network of experts who can provide evidence is the best method to prove a claim for compensation. Expert witnesses are highly trained experts with specialized training in their field. They can provide evidence that an accident took place. They are paid for their opinions and they can be an enormous amount of credibility to a case.

For instance an expert in marine engineering witness can recreate the technical events that led to an accident on the water by studying evidence like speed calculations and how visibility impacts collisions. They may also testify the safety rules that were adhered to, or if any were not.

Another important expert witness is an expert in medicine who can provide evidence of the severity of your injuries as well as their long-term consequences. They can also describe how your life will be different due to these injuries, which could impact your claim for damages.

Admiralty and maritime expert witnesses can conduct investigative investigations into the cause of accidents involving recreational boats and personal watercrafts, as commercial vessels and their crew. They are also able to provide evidence and analysis of maritime laws which govern classification of ships as well as surveying and design.

Shared Fault

In the same way that an inattention-deficient driver or reckless can result in a car accident, a drunk boat driver can put themselves and passengers at risk of serious injury. When bellwood boat accident law firm accidents happen it is crucial that injured parties seek compensation from all responsible parties.

Following any boat collision, it's important to ensure everyone is safe and receives prompt medical attention, if necessary. When possible, it's important to gather information about the accident such as contact details from witnesses, photos of the scene, and the names and phone numbers of any other boaters or owners who were involved in the collision. It is crucial to inform law enforcement officials.

Insurance companies for liable parties typically request victims of independence boat accident lawyer accidents to submit written statements. An attorney can help not provide information to insurance companies which could be used to reduce or even throw out your claim.

An experienced York County boat accident attorney can gather evidence of eyewitness testimony and police reports, and photographs of the scene of the accident to make an argument on your behalf. The majority of 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 can begin collecting evidence and constructing your case.

Insurance Companies

As with lawsuits involving car accidents, the successful personal injury claim requires proof of negligence. This means proving that the person responsible for your injuries was in breach of a legal obligation and that the violation was the primary reason for your damages. Our lawyers will examine the evidence from your boating accident to determine who is liable and pursue compensation on your behalf.

As soon as you can after an incident on a boat it is crucial to seek medical treatment for your injuries. A doctor can help you record your injuries and connect them directly to the accident. It is also crucial to record photos of your wounds, bruises and cuts and keep a record of them. Organizing your documents will expedite claims and help you build an effective case.

Sometimes, the party responsible for your injuries does not need to be present to be liable. For instance, you can claim against the company that manufactured your boat if there is an issue with the manufacturing process or a failure to warn of dangers. Our team can look over your case to determine if you have a valid claim.

If you have a valid claim against the responsible party, our attorneys will file a complaint in court containing all relevant details about your accident as well as the damages that you are seeking. Then comes the discovery process where both parties exchange information, including interrogatories as well as sworn depositions. The case may be settled or referred to trial.