How to File a Boat Accident Lawsuit

A serious boating accident can cost an enormous amount of money. A personal injury lawyer can help you determine who is responsible and the best way to make a claim.

Generally, like with motor car accidents, you must to demonstrate that the negligent party breached their obligation of care and was the direct cause of your injuries. There are a variety of 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 as well as lost income and suffering and pain. The severity of your injuries will determine the amount you will be awarded in a settlement or jury verdict. Catastrophic injury amounts, such as traumatic brain injury or spinal cord damage or permanent disfigurement generally are more.

Medical expenses may include hospital bills, ambulance fees doctor's visits, therapy, medications, and other related costs. Your lawyer will prove your past and future medical expenses. In some states, you may also be entitled to compensation for future damages resulting from your injuries. These could include costs for an aide at home or additional physical therapy appointments, as well as loss of future earning capability.

It is possible to establish liability more easily if the boat operator or owner failed to maintain or equip their vessel with adequate safety equipment. If the vessel did not include whistles, flares, or fire extinguishers, it is likely that they contributed to the accident.

A personal injury lawyer can help fulfill your burden of proof by assembling evidence, such as pictures or videos of the scene witness statements, medical records of your injuries. Your lawyer can also challenge claims that you are partly at fault for the accident.

Expert Witnesses

In any personal injury matter, having a reliable network of experts who can testify is the best way to prove a claim for compensation. Expert witnesses are highly educated experts with specialized training in their field. They can show the cause of an accident. They usually get paid for their opinion and can provide a significant amount of credibility to any case.

For instance an expert in marine engineering witness could recreate the technical events that led to a boat accident by analyzing evidence such as speed calculations and how visibility affects collisions. They may also testify on how safety regulations were observed or if they were not followed.

A medical professional is another important expert witness. They can testify on the extent of your injuries, as well as the long-term effects. They can also explain the consequences of your injuries to your life and how it could impact your claim for damages.

Admiralty and maritime expert witnesses can conduct forensic investigations of the causes of accidents involving recreational boats and personal watercrafts, as well as commercial ships and their crew. They also can provide evidence and analysis on maritime laws, such as those that regulate classification of ships surveying, design and classification.

Shared Fault

As a reckless or inattentive driver can cause a devastating car accident, a drunk boat operator could put many individuals, including themselves and their passengers at risk of serious injuries. When boat accidents occur it is important that injured parties seek compensation from all responsible parties.

Immediately following any boat accident it's crucial to ensure everyone is safe and receives prompt medical attention, should it be required. As soon as possible, you should collect information about the incident, such as contact information from witnesses, photos of the scene, and the names and numbers of any other boaters or boat owners who were involved in the collision. It's crucial to report the incident to law enforcement officials.

Insurance companies that represent liable parties frequently ask victims of boat accidents to provide recorded statements. An attorney can help to avoid providing details to insurance companies that could be used to limit or even throw out your claim.

A seasoned York County boat accident attorney can gather evidence such as eyewitness testimony, police reports, as well as photographs of the scene of the accident to make a solid case on your behalf. The majority of personal injury lawsuits and claims for wrongful deaths must be filed within 4 years after the incident. The earlier you speak to an attorney, the sooner they can begin gathering evidence and constructing your case.

Insurance Companies

Like car accident lawsuits, the successful personal injury claim requires the proof of negligence. This includes proving that the person responsible for your injuries breached a lawful duty and that the breach was the proximate cause of your injuries. Our lawyers can examine the evidence from your boating accident to determine who is at fault and seek compensation on your behalf.

When you are able to do so immediately following an incident on a boat, it is essential to seek medical attention to treat your injuries. A doctor can assist you to document your injuries and link them directly to the incident. It is also important to take photos of your injuries, bruises, and wounds and keep a record of them. The organization of your documents will speed up claims and help you create a strong case.

Sometimes the party responsible for your injuries doesn't have to be present to be liable. For instance, you could sue the company that made your boat if there is a manufacturing defect or a failure to warn you of potential dangers. Our team can review your case to determine whether you have an appropriate claim.

If there is a viable claim against the person responsible our lawyers will begin by filing a claim with the court, which contains all the pertinent details regarding your accident and the damages you seek. The discovery process then initiated, where the parties exchange relevant information, including interrogatories or depositions in sworn testimony. Then, a settlement is reached or the case goes to trial.