How to File a Boat Accident Lawsuit

Severe boating accidents can cost many. A personal injury lawyer can help you determine who could be responsible and help you file a claim for compensation.

In general, similar to in motor vehicle accidents, it's important to establish that the negligent party did not meet his duty of care, and this caused your injuries. Your lawyer will need to gather several pieces of evidence for your case.

Damages

Medical expenses including lost income, discomfort are among the most commonly cited damages in boating accidents. The degree of your injuries will play a significant role in determining how much you could get from a settlement or jury award. Catastrophic injuries like traumatic brain injury, spinal cord injury, or permanent disfigurement, usually result in larger settlement or verdict amounts.

Medical expenses can include hospital bills, ambulance costs, doctor's appointments, physical therapy medications, and other costs. Your attorney will demonstrate your past and future medical expenses. In certain states, you can also be awarded damages for future losses that are related to your injuries. These could include the expense of the use of a home health aid, or additional physical therapy sessions, and the loss of earning capacity in the future.

The liability can be established when the owner of the boat or operator did not maintain their vessel, or had an insufficient amount of safety equipment on board. For instance, if a vessel was not equipped with life jackets, flares, fire extinguishers, or whistles it is likely this was a factor in the accident.

An attorney who specializes in personal injury can help you meet the burden of proof, by gathering evidence such as witnesses' statements, photos or videos of accidents and medical records regarding your injuries. Attorneys can also fight the claim that you're partially responsible for the accident.

Expert Witnesses

In any personal injury case, having a network of established experts who can give testimony is the best way to prove a claim for compensation. Expert witnesses are highly qualified professionals who have specialized qualifications in their area of expertise. They can provide evidence that an accident occurred. They are compensated for their opinions and they can be a lot of weight in an investigation.

A marine engineering expert witness, for example, can recreate the technical events that caused a boating incident by studying evidence such as speed calculations and collisions triggered by visibility. They can also testify as to the safety rules that were followed or if they were violated.

Another key expert witness is an expert in medicine who can testify on the extent of your injuries as well as their long-term effects. They can also discuss the impact of your injuries on your life, which can impact your claim for damages.

Expert witnesses in maritime and admiralty can investigate the causes of accidents that involve recreational vessels, personal watercrafts, and commercial ships. They are also able to provide evidence and analysis on maritime laws including those that regulate classification of ships, surveying and design.

Shared Fault

As a reckless or negligent driver can cause a devastating car accident, a drunk boat operator can put multiple persons, including themselves and their passengers, at risk of serious injuries. In the event of a boat accident it is essential that injured parties seek compensation from all responsible parties.

It is essential to ensure that everyone is protected immediately following any boat collision and that they receive immediate medical attention, if required. It's important to gather details about the accident as early as you can. This includes contact information for witnesses, photos of the scene as well as the names and phone numbers of the other boaters and chesterton boat accident lawyer owners who were involved in the collision. It's also important to file a police report with police.

Insurance companies that represent liable parties frequently ask victims of boat accidents to submit written statements. An attorney can help avoid giving insurance companies information that could be used against you to decrease the value of your claim or to throw it completely.

An experienced York County boat accident attorney can gather evidence of eyewitness testimony and police reports, and photos of the scene of the accident to build a strong case on your behalf. Most personal injury claims and wrongful death lawsuits must be filed within four years of the incident. The earlier you speak to an attorney, the quicker they will be able to begin collecting information and making your case.

Insurance Companies

Similar to car accident lawsuits, any successful personal injury claim requires the proof of negligence. This means proving that the person responsible for your injuries breached a lawful obligation and that the breach was the direct cause of your damages. Our lawyers will examine your evidence to determine who's liable for your boating accident and pursue compensation on behalf of you.

As soon as you can after an incident on a boat it is vital to seek medical attention for any injuries. A doctor will help you document your injuries and link them directly to the incident. It is also essential to take photographs of your wounds and bruises and keep a diary of your experiences. Organizing your documents will expedite claims and help you create a strong case.

Sometimes, the party accountable for your injuries does not have to be present in order to be held accountable. You could, for instance you could sue the manufacturer of your hannibal boat accident attorney (vimeo.com) in the event that you discover a manufacturing defect. If you've suffered injuries because of a defective product our team will review the specifics of your case and determine if there is a valid claim against the manufacturer or retailer.

If you have an appropriate claim against the responsible party our lawyers will file a complaint in court with all pertinent details about your accident as well as the damages that you seek. Then comes the discovery process where both parties exchange information, which includes interrogatories, sworn depositions and so on. Then, a settlement will be reached or the case is referred to trial.