How to File a Boat Accident Lawsuit

A serious boating accident can cost an enormous amount of money. A personal injury lawyer can help you determine who is responsible and the best way to submit a claim to recover compensation.

In general, just like motor accidents in vehicles, you will need to show that the negligent party breached their duty of care and was the primary reason for your injuries. Your lawyer will be required to gather several pieces of evidence for your case.

Damages

The most commonly incurred damages from boating accidents are medical expenses, lost income, and the pain and suffering. The severity of your injuries will determine the amount you will receive in settlement or verdict by a jury. Catastrophic injuries like traumatic brain injury or spinal cord injury or permanent disfigurement typically result in greater settlement or verdict amounts.

Medical expenses could include hospital bills, ambulance service charges, doctor's visits, physical therapy, medication and other expenses. Your lawyer will demonstrate your past and future medical expenses. In certain states, you can also be awarded compensation for future losses relating to your injuries. This can include the cost of the use of a home health aid, or additional physical therapy sessions and the loss of earning capacity in the future.

Liability is easier to establish if the boat owner or operator did not maintain their vessel or possessed an inadequate amount of safety equipment on board. If the boat accident lawyers did not include whistles, flares, or fire extinguishers, it is likely to have contributed to the incident.

A personal injury lawyer can help satisfy your burden of proof by assembling evidence, like photographs or videos of the accident scene, witness statements, and medical documentation of your injuries. Your attorney can also challenge allegations that you were partially responsible for the accident.

Expert Witnesses

In any personal injury case, having a reliable network of experts who can provide evidence is the best way to back a claim for compensation. Eyewitnesses can be helpful in proving that the accident occurred Expert witnesses possess specialized qualifications that make them credible experts in their matter. They are usually paid for their opinions and are able to add a lot of weight to the case.

For instance, a marine engineering expert witness can recreate the technical incidents of a boat accident by analyzing evidence like speed calculations and how visibility influences collisions. They can also testify on how safety regulations were observed or if they were not followed.

Another key expert witness is a medical professional who can confirm the extent of your injuries as well as their long-term consequences. They can also provide an explanation of how your life will be different due to the injuries, which could affect the amount of damages you can claim.

Admiralty and maritime expert witnesses are able to conduct in-depth investigations into the causes of accidents involving recreational boats and personal watercrafts, as as commercial ships and their crew. They can also provide analysis and evidence on maritime laws such as the laws governing classification of ships and surveying as well as design.

Shared Fault

Just as a reckless or negligent driver could cause a devastating car accident, an intoxicated boat operator can put several persons, including themselves and their passengers at risk of serious injuries. When boat accidents occur, it's important for injured parties to seek compensation from all responsible parties.

Immediately following any boat accident it is crucial to ensure everyone is safe and receives immediate medical attention, if required. Then, as soon as possible, it's helpful to collect information about the incident like contact details from witnesses, photos of the scene, and names and phone numbers of any other boaters or owners who were involved in the collision. It is crucial to report the incident to law enforcement.

Insurance companies that are liable for the loss of a party often ask victims of boat accidents to provide recorded statements. A lawyer can help you avoid giving insurance companies information that could be used to decrease the value of your claim, or even throw the claim completely.

An experienced York County boat accident attorney can gather evidence such as eyewitness testimony, police reports, and photographs of the scene of the accident to build an argument on your behalf. Most personal injury lawsuits and lawsuits involving wrongful deaths have to be filed within 4 years of the incident. If you contact an attorney, they will be able to begin collecting evidence and building your case.

Insurance Companies

A successful personal injury lawsuit will require proof of negligence just as with car accident lawsuits. This involves proving that the person responsible for your injuries acted in violation of a legal obligation, and that this breach was the direct cause of your damages. Our lawyers can review the evidence to determine who is liable for your boating accident and pursue compensation on behalf of you.

It is crucial to seek medical attention as soon as possible after a boating accident. A doctor will help you document your injuries and link them directly to the incident. Additionally, it's important to take pictures of your injuries and bruises as well as keep a diary of your experiences. Organizing your documents will expedite claims and help you create an effective case.

Sometimes, the person who is responsible for your injuries does not have to be in the room. For example, you could bring a lawsuit against the company who made the boat if it has a manufacturing defect or a failure to warn you of potential dangers. If you've suffered injuries due to a defective product our team will review the details of your case to determine if there is a valid claim against the retailer or manufacturer.

If there is a viable claim against the responsible party our lawyers will begin by filing a lawsuit with the court, which contains all the pertinent information about your accident and the damages you are seeking. The process of discovery is started, in which both parties share relevant information, such as interrogatories or sworn depositions. The case may be resolved or taken to trial.