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How to File a Boat Accident Lawsuit

The consequences of boating accidents can be quite a bit. A personal injury lawyer can assist you in determining who is responsible and the best way to make a claim.

Generally speaking, like motor vehicle accidents, you have to show that the negligent party breached their duty of care and this was the main reason for your injuries. There are several key evidences your lawyer needs to gather to support your case.

Damages

Medical expenses including lost income, discomfort and pain are the most common damages for boating accidents. The severity of your injury will determine how much you will receive in a settlement or jury verdict. Traumatic brain injury, spinal cord injury, or permanent disfigurement often result in more money in settlements or verdicts.

Medical expenses could include hospital bills, ambulance service charges, doctor's visits, physical therapy, medication and other related expenses. Your attorney will work to establish the past and future medical expenses. In certain states, you could also be awarded compensation for future losses relating to your injuries. These could include the expense of an at-home health aid or additional physical therapy sessions, and a loss of earning capacity in the future.

Liability is easier to establish If the owner or operator failed to maintain their vessel or had an inadequate amount of safety equipment. If the boat didn't have whistles, flares or fire extinguishers, it's likely to have caused the accident.

A personal injury lawyer can help satisfy your burden of proof by assembling evidence, such as pictures or videos of the accident scene witnesses' statements, medical records of your injuries. Attorneys can also fight claims that you're partly accountable for the accident.

Expert Witnesses

Like any other personal injury case, the best method to prove your claim for compensation is to have a well-established network of experts who can provide testimony. Eyewitnesses are a great way to prove that the accident actually occurred expert witnesses have special qualifications that make them credible experts in their matter. They are typically compensated for their opinions and are able to provide a significant amount of credibility to an argument.

A expert witness in marine engineering, for example, can recreate the technical incidents that caused a boating accident by studying evidence such as speed calculations and collisions triggered by visibility. They can also testify about how safety regulations were observed or if they were violated.

A medical professional is an important expert witness. They can testify about the severity of your injuries as well as their long-term implications. They can also describe the consequences of your injuries to your life and how it could affect the amount of damages you claim.

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

Shared Fault

Just as an inattention-deficient or reckless driver can result in a devastating car accident, a drunk boat operator can put several individuals, including themselves and their passengers at risk of serious injuries. In the event of a boat accident lawsuits accident, it's important for injured parties to seek compensation from all responsible parties.

Following any boat collision it's crucial to ensure everyone is safe and receives prompt medical attention, if necessary. When feasible, it's beneficial to collect any information regarding the incident such as contact details from witnesses, photographs of the scene, and the names and contact numbers of any other boaters or boat owners who were involved in the collision. It's also essential to file a complaint with law enforcement.

Insurance companies that are liable for the loss of a party often require victims of boat accidents to submit written statements. An attorney can assist you to not provide information to insurance companies that could be used to reduce or even cancel out your claim.

An experienced 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 create an argument on your behalf. Most personal injury and wrongful death lawsuits need to be filed within four years of the incident. The sooner you consult with an attorney, they can begin gathering information and preparing your case.

Insurance Companies

Similar to lawsuits involving car accidents, the successful personal injury claim requires evidence of negligence. This means proving the person responsible for your injuries breached a legal obligation, and that this breach was the sole cause of your damages. Our lawyers will review the evidence from your boating accident to determine who is at fault and seek compensation on your behalf.

It is crucial to seek medical attention as soon as you can following a boating incident. A visit to a doctor can assist you in documenting the severity of your injuries and directly link them to the incident. It is also essential to capture photos of your bruises, wounds and keep a diary. Organizing your documents will expedite claims and help you create an effective case.

Sometimes the party responsible for your injuries does not have to be present in order to be held accountable. For instance, you could claim against the company that manufactured your boat if there was 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 there's a valid claim against the party responsible, our attorneys will start by filing a complaint to the court, which lists all of the relevant details regarding your accident and the damages you're seeking. The discovery process is then initiated, where the parties exchange pertinent information, including interrogatories, or sworn depositions. Then, a settlement will be reached or the case is referred to trial.