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How to File a Boat Accident Lawsuit

Boating accidents that are serious can cost an enormous amount. A personal injury lawyer can help you determine who could be responsible and help you make a claim for compensation.

In general, like in motor accident cases, it is essential to prove that the negligent person did not meet his duty of care, and this caused your injuries. Your lawyer must gather several pieces of evidence to support your case.

Damages

The most common damages that result from boating accidents are medical expenses, lost income, and pain and suffering. The severity of your injury will determine the amount you will be awarded in the form of a settlement or jury verdict. Traumatic brain injury or spinal cord injury or permanent disfigurement typically result in greater settlement or verdict amounts.

Medical expenses may include ambulance fees, hospital bills, doctor's appointments, physical therapy medications, and other expenses. Your attorney will establish all of your previous and future medical expenses. In certain states, you could also be entitled to compensation for expenses resulting from your injuries. This could include the cost of the services of a home health aid or additional physical therapy sessions, and loss of earning potential in the future.

It is easier to determine liability when the boat's owner or operator was not able to maintain their vessel or had an inadequate amount of safety equipment. If the vessel did not have whistles, flares or fire extinguishers, they are likely that it contributed to the accident.

A personal injury lawyer can assist you to fulfill your burden of proof by assembling evidence including photos or videos of the scene witnesses' statements, medical documentation of your injuries. Your attorney can also contest claims that you're partly at fault for the accident.

Expert Witnesses

In any personal injury matter, having a reliable network of experts who can provide testimony is the best way to prove any claim for compensation. Eyewitnesses can be helpful in proving that the accident happened expert witnesses have special qualifications that make them highly credible experts in their matter. They usually get paid for their opinion and can bring a lot of weight to the case.

For instance, a marine engineering expert witness can recreate the technical details of an accident on a boat accident lawyer by studying evidence such as speed calculations and how visibility affects collisions. They can also testify on whether safety regulations were followed, or if any were not.

A medical professional is another important expert witness. They can testify on the severity of your injuries, as well as the long-term effects. They can also explain the impact of your injuries on your life and how it could affect the amount of damages you claim.

Admiralty and maritime expert witnesses can conduct forensic investigations of the causes of accidents involving recreational boats and personal watercrafts as well commercial vessels and their crew. They can also offer analysis and testimony on maritime laws, such as those that govern classification of ships, surveying, and design.

Shared Fault

In the same manner that a driver who is inattentive or reckless can result in an accident in a car and a drunken boat owner can put themselves and passengers at risk of serious injuries. When boat accident lawsuits accidents occur, it's important for injured parties to seek compensation from all responsible parties.

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

Insurance companies of liable parties request victims of boat accidents to keep their accounts. An attorney can assist you to avoid giving information to insurance companies that could be used to decrease the value of your claim or throw it out completely.

An experienced York County boat accident attorney can gather evidence including eyewitness testimony, police reports, and photos of the scene of the accident to make a solid case on your behalf. Most personal injury lawsuits as well as claims for wrongful deaths must be filed within 4 years from the date of the incident. The earlier you talk to an attorney, the more quickly they can start collecting information and making your case.

Insurance Companies

As with lawsuits involving car accidents, an effective personal injury lawsuit requires the proof of negligence. This requires proving that person responsible for your injuries violated a legal duty and that the breach was the direct cause of your damages. Our lawyers can examine the evidence of your boating accident to determine who's liable and pursue compensation on your behalf.

It is essential to seek medical attention as soon as you can after a boating accident. A doctor can help you document your injuries and link them directly to the accident. It is also essential to take pictures of your bruises, wounds and keep a journal. The organization of these documents will speed up the process of claiming and help your attorney build an effective case for you.

Sometimes, the party accountable for your injuries does not need to be present in order to be liable. For example, you could take action against the manufacturer of your boat if there was a manufacturing defect or a failure to warn of dangers. Our team will examine 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 lawsuit with the court that contains all the pertinent details about your accident as well as the damages you're seeking. Then comes the discovery process in which both parties exchange information, including interrogatories as well as sworn depositions. The case could be resolved or sent to trial.