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How to File a Boat Accident Lawsuit

A serious boating accident can cost an enormous amount. A personal injury lawyer can help sort out who might be responsible and help you make a claim for compensation.

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

Damages

Medical expenses loss of income, discomfort are among the most frequent damages suffered by victims of boating accidents. The severity of your injuries will play an important role in determining how much you can expect to receive from a settlement or an award. Traumatic brain injury, spinal cord injury, or permanent disfigurement typically result in greater settlement or boat accident verdict amounts.

Medical expenses could include hospital bills, ambulance service fees visits to the doctor, physical therapy, medication, and other related costs. Your attorney will establish the past and future medical expenses. In some states, you could also be awarded compensation for future losses related to your injuries. These can include the cost of an aid to health at home or additional physical therapy sessions, as well as a loss of earning capacity in the future.

Liability is more easily established when the boat's owner or operator failed to maintain their vessel or possessed an inadequate amount of safety equipment. If the vessel did not have whistles, flares or fire extinguishers, it's likely to have contributed to the incident.

A personal injury lawyer can help meet your burden of evidence by assembling evidence such as pictures or videos of the accident scene witnesses' 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 situation, having a network of established experts who can provide evidence is the best way to back an claim for compensation. Expert witnesses are highly educated professionals with specialization in their field. They can demonstrate the cause of an accident. They are compensated for their opinions and they can be significant weight to the event of a case.

For example, a marine engineering expert witness can recreate the technical events of the accident of a boat by analyzing evidence like speed calculations and how visibility affects collisions. They can also testify as to the safety rules that were adhered to, or if any were not.

A medical professional is another important expert witness. They can testify about the severity of your injuries and the long-term effects. They can also provide an explanation of how your life will change because of these injuries, which could impact the amount of damages you can claim.

Expert witnesses in maritime and admiralty can analyze the causes of accidents involving recreational boats, personal watercrafts as well as commercial vessels. They can also provide analysis and evidence on maritime laws, including the laws governing classification of ships surveying, classification, and design.

Shared Fault

Just as a reckless or inattentive driver can result in a devastating car crash, an impaired boat operator can put multiple persons, including themselves and their passengers, at risk of serious injuries. If boat accidents do occur it is crucial for injured parties to seek compensation from all responsible parties.

It is essential to ensure that everyone is protected immediately following any boat crash and that they receive immediate medical attention if required. As soon as possible, you should gather information about the incident including contact information from witnesses, photos of the scene, and the names and contact numbers of any other boaters or owners who were involved in the collision. It's crucial to report the incident to the police.

Insurance companies of responsible parties request victims of boat accidents to record their declarations. An attorney can help not provide information to insurance companies that could be used by them to decrease or even throw out your claim.

An experienced York County boat accident attorney can collect evidence of eyewitness testimony and police reports, and photographs of the scene of the accident to create a strong case on your behalf. Most personal injury lawsuits as well as lawsuits for wrongful death must be filed within four years from the date of the incident. The sooner you meet with an attorney, the more quickly they will be able to begin collecting information and building your case.

Insurance Companies

Like lawsuits involving car accidents, any successful personal injury claim requires the proof of negligence. This means that you must prove that the person who caused your injuries has violated a legal obligation and that the breach caused the majority of your injuries. Our lawyers can review the evidence to determine who is liable for your boating accident and pursue compensation on behalf of you.

It is important to seek medical attention as soon as possible after a boating accident. The visit to a doctor will help you document the extent of your injuries, and directly link them to the accident. In addition, it is crucial to document the injuries and bruises you have suffered and keep a diary of your experiences. A good way to organize your documents can speed up claims and help you create a solid case.

Sometimes, the party responsible for your injuries doesn't have to be present in order to be liable. For instance, you can, sue the boat manufacturer when you discover a manufacturing defect. If you've been injured due to a defective product our team can look over the facts of your case and determine if there is a valid claim against the manufacturer or retailer.

If you have a valid claim against the responsible party, our attorneys will file a complaint in court containing all relevant information about your accident and the damages you are seeking. This is followed by the discovery process, where both parties exchange information, which includes interrogatories, sworn depositions and so on. Finally, a settlement is reached or the case goes to trial.