How to File a
boat accident lawyer Accident Lawsuit
The consequences of boating accidents can be many. A personal injury lawyer can assist you to sort out who might be responsible and help you file a claim for compensation.
Generally, like with motor car accidents, you must to show that the negligent party breached their duty of care, and this was the main cause of your injuries. There are several key pieces of evidence your lawyer must gather for your case.
Damages
Medical expenses loss of income, discomfort and pain are the most common damages for boating accidents. The severity of your injuries will play an important role in determining how much you could receive from a settlement or an award. Catastrophic injuries, such as traumatic brain injury, spinal cord injury, or permanent disfigurement usually result in more money in settlements or verdicts.
Medical expenses may include hospital bills, ambulance service fees visits to the doctor, physical therapy, medications and
Boat accident other related costs. Your attorney will prove your past and future medical expenses. In some states, you may also be entitled to compensation for future costs resulting from injuries. This could include the cost of the use of a home health aid, or additional physical therapy sessions and the loss of future earning capacity.
Liability is more easily established If the owner or operator did not properly maintain their vessel, or had an insufficient amount of safety equipment on board. For example, if the boat was not equipped with life jackets or flares, fire extinguishers, or whistles it is likely that this caused the accident.
A personal injury lawyer can help you meet the burden of proof, by gathering evidence, such as witnesses' statements, photos or videos of accident scenes and medical documentation regarding your injuries. Your attorney can also challenge claims that you were partially responsible for the accident.
Expert Witnesses
Like any other personal injury situation, the best way to back your claim for compensation is to have a well-established network of experts to give testimony. While eyewitnesses may help prove that the accident actually occurred expert witnesses have special qualifications that make them credible professionals in their subject matter. They are paid to express their opinions, and they can be an enormous amount of credibility to the case.
A expert witness in marine engineering for instance, can recreate the technical incidents that led to a boating accident by analyzing evidence such as speed calculations and collisions triggered by visibility. They can also testify on how safety regulations were observed or if they were not followed.
A medical professional is also an important expert witness. They can testify about the extent of your injuries as well as the long-term effects. They can also describe the effects of your injuries on your life and how it could affect the amount of damages you claim.
Admiralty and maritime expert witnesses can perform forensic investigations 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 of maritime law, such as those that govern ship classification surveying, design and classification.
Shared Fault
Similar to how drivers who are inattention or reckless can result in a car accident, a drunk boat driver could put themselves and their passengers at risk of serious injury. In the event of a boat accident it is crucial for the injured party to seek compensation from all responsible parties.
It's essential to ensure that everyone is protected immediately following any boat crash and that they receive immediate medical attention, if required. In the earliest time possible, you should gather information about the incident including contact information from witnesses, photos of the scene, and names and phone numbers of any other boaters or owners who were involved in the collision. It's also important to file a police report with police.
Insurance companies of liable parties ask victims in boat accidents to document their claims. An attorney can assist you to not provide information to insurance companies which could be used by them to reduce or even throw out your claim.
A seasoned York County
boat accident attorney can collect evidence of eyewitness testimony and police reports, and photographs of the scene of the accident to build a solid case on your behalf. Most personal injury and wrongful death lawsuits need to be filed within four years of the event. The sooner you get in touch with an attorney, the quicker they can begin gathering evidence and making your case.
Insurance Companies
A successful personal injury lawsuit will require proof of negligence, similar to lawsuits involving car accidents. This means that you have to prove that the party responsible for your injuries breached an obligation under law and that this breach was the primary cause of your damages. Our lawyers will review the evidence from your boating accident to determine who is accountable and seek compensation on your behalf.
As soon as you can after a boating accident it is crucial to seek medical treatment to treat your injuries. Going to the doctor will assist you in determining the severity of your injuries, and directly link them to the incident. Additionally, it is crucial to document your injuries and bruises and keep a record of your experiences. Organizing these documents can speed up the process of claiming and help your attorney create an argument that is strong for you.
Sometimes, the person responsible for your injuries does not need to be present to be held accountable. For instance, you can take action against the manufacturer of your boat if there is an issue with the manufacturing process or a failure to warn you of potential dangers. Our team can review your case to determine whether you have an appropriate claim.
If you have a valid claim against the responsible party, our attorneys will file a claim in court containing all relevant information about your accident and the damages you are seeking. This is followed by a discovery process where both parties exchange information, which includes interrogatories and sworn depositions. The case can be resolved or taken to trial.