The No. 1 Question Everyone Working In Boat Accident Litigation Should Be Able Answer

How to File a Boat Accident Lawsuit

A serious boating accident can cost a lot. A personal injury attorney can help you determine who is accountable and how to file a claim.

In general, just like motor car accidents, you must to demonstrate that the negligent party violated their duty of care and this was the proximate reason for your injuries. There are a number of important evidences your lawyer should gather to support your case.

Damages

Medical expenses, lost income and discomfort and pain are among the most frequently cited damages for boating accidents. The severity of your injury will determine the amount you will receive in settlement or verdict by a jury. Amounts for catastrophic injuries such as traumatic brain injury or spinal cord damage or permanent disfigurement are typically higher.

Medical expenses may include hospital bills, ambulance fees doctor's visits, therapy, medication and other associated expenses. Your attorney will work to prove your past and future medical expenses. In some states you may also be entitled to compensation for expenses resulting from your injuries. These could include costs for an aide at home or additional physical therapy sessions, as well as the loss of earning capacity in the future.

The liability can be established more easily if a boat's operator or owner failed to maintain or equip their boat with sufficient safety equipment. If the boat did not include whistles, flares, or fire extinguishers, it is likely that they caused the accident.

A personal injury attorney can assist you in meeting the burden of proof, by gathering evidence such as witness statements, photographs or videos of scenes from accidents, and medical documentation about your injuries. Your attorney can also challenge claims that you were partially responsible for the accident.

Expert Witnesses

In any personal injury case, having a network of experts who can give testimony is the best way to back a claim for compensation. Expert witnesses are highly skilled professionals who have specialized qualifications in their area of expertise. They can show that an accident took place. They are compensated to express their opinions, and they can be the weight of the case.

A expert witness in marine engineering, for example, can recreate the technical events that caused a boating accident by studying evidence such as speed calculations and collisions triggered by visibility. They can also testify about the way safety regulations were adhered to or if they were not followed.

A medical professional is another important expert witness. They can testify on the severity of your injuries and their long-term implications. 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 perform an forensic investigation of the causes of accidents involving recreational vessels and personal watercrafts, as well as commercial ships and their crew. They also can provide evidence and analysis on maritime laws like those that govern classification of ships as well as surveying and design.

Shared Fault

In the same way an inattentional driver or reckless may cause a car accident, a drunken boat operator can put themselves and their passengers at risk of serious injuries. If boat accidents do occur, it's important for injured parties to seek compensation from all responsible parties.

In the immediate aftermath of any boat accident, it's important to ensure everyone is safe and receives immediate medical attention, should it be required. Then, as soon as possible, it's important to gather information about the incident including 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 also essential to file a report with police.

Insurance companies of responsible parties require victims of boat accidents to keep their statements. An attorney can help you avoid giving insurance companies information that could be used to reduce the value of your claim or throw it out completely.

An experienced York County boat accident attorney can collect evidence of eyewitness testimony and police reports, and photos of the scene of the accident to build a solid case on your behalf. The majority of personal injury claims and wrongful death lawsuits must be filed within four years of the incident. The sooner you meet with an attorney, the more quickly they can start collecting information and creating your case.

Insurance Companies

Like car accident lawsuits, the successful personal injury claim requires evidence of negligence. This means proving the person responsible for your injuries violated a legal obligation and that the breach was the primary cause of your injuries. Our lawyers will examine the evidence from your boating accident to determine who is liable and pursue compensation on your behalf.

It is essential to seek medical attention as soon as possible following a boating incident. A visit to a doctor can aid in documenting the extent of your injuries, and directly link them to the incident. It is also essential to take photos of the injuries you sustained, bruises and keep a diary. In organizing these documents, you can speed up the claims process and help your attorney build your case.

Sometimes, the party responsible for your injuries does not have to be present in order to be held accountable. You could, for example to sue the boat maker when you discover a manufacturing defect. If you have been injured on a defective product, our team can review the facts of your situation and determine if there is a valid claim against the manufacturer or retailer.

If there is a viable claim against the person responsible, our attorneys will start by filing a complaint with the court, which provides all pertinent information about your accident and the damages you're seeking. The discovery process is started, in which both parties exchange relevant information, including interrogatories or sworn depositions. Finally, a settlement is reached or the case goes to trial.