How to File a Boat Accident Lawsuit

A serious boating accident can cost quite a bit. A personal injury lawyer can help you determine who could be accountable and how to submit a claim to recover compensation.

In general, just like in motor accident cases, it is essential to prove that the negligent person violated their duty of care, and that this was the cause of your injuries. There are several key elements of evidence that your lawyer will need for your case.

Damages

The most common damages that result from boating accidents include medical expenses loss of income, the pain and suffering. The severity of your injuries will determine how much you can receive in settlement or a jury verdict. Traumatic brain injury or spinal cord injury or permanent disfigurement usually result in more money in settlements or verdicts.

Medical expenses could include hospital bills, ambulance service charges doctor's visits, therapy, medications and other expenses. Your lawyer will be able to prove the totality of your current and future medical costs. In certain states, you may also be awarded damages for future losses that are related to your injuries. This could include the cost of the services of a home health aid or additional physical therapy appointments, as well as loss of earning potential in the future.

It is possible to establish liability more easily if a boat's operator or owner failed to maintain or equip their vessel with adequate safety equipment. For instance, if a boat was not equipped for life jackets flares, fire extinguishers, flares, or whistles it is likely that it contributed to the incident.

An attorney who specializes in personal injury can help you meet the burden of proof by gathering evidence such as witness statements, photographs or videos of accidents as well as medical documentation of your injuries. Your attorney may also contest claims that you were partly to blame for the accident.

Expert Witnesses

In any personal injury matter, having a network of established experts who can give testimony is the best method to prove the claim for compensation. While eyewitnesses may help prove that the accident happened expert witnesses have special qualifications that make them competent experts in their field of matter. They are typically paid to express their opinions and could add a lot of weight to the case.

For example an expert in marine engineering witness can recreate the technical events that led to an accident on a boat by studying evidence like speed calculations and how visibility impacts collisions. They can also testify as to whether safety regulations were followed, or if any were not.

Another key expert witness is medical professionals who can testify on the extent of your injuries as well as their long-term effects. 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 are able to conduct investigative investigations into the cause of accidents involving recreational vessels and personal watercrafts as well commercial vessels and their crew. They can also provide testimony and analysis of maritime law like those that govern classification of ships surveying, design and classification.

Shared Fault

Just as a reckless or negligent driver can result in a devastating car accident, an intoxicated boat operator could put many individuals, including themselves and their passengers, at risk of serious injuries. In the event of a boat collision it is imperative that injured parties seek compensation from all the parties responsible.

In the immediate aftermath of any boat accident it is crucial to ensure everyone is safe and receives prompt medical attention, if necessary. It's crucial to collect details about the incident as quickly as you can. This includes contact information for witnesses, photos of scene, and names and phone numbers of any other boaters or boat accident law firms owners involved in the collision. It's important to report the incident to law enforcement.

Insurance companies of liable parties ask victims in boat accidents to keep their accounts. An attorney can help to not provide details to insurance companies that could be used to reduce or even throw your claim.

An experienced York County boat accident attorney can collect evidence, eyewitness testimony, police reports, and photos of the scene of the accident to build a strong case on your behalf. Most personal injury lawsuits and wrongful death suits must be filed within 4 years after the incident. The sooner you get in touch with an attorney, the quicker they will begin collecting evidence and building your case.

Insurance Companies

Similar to lawsuits involving car accidents, an effective personal injury lawsuit requires proof of negligence. This requires proving that person responsible for your injuries violated a legal obligation and that the violation was the main reason for your damages. Our lawyers can review 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 you can following a boating incident. A visit to a doctor can help you document the extent of your injuries, and directly link them to the accident. Additionally, it is important to take pictures of the injuries and bruises you have suffered as well as keep a log of your experiences. The organization of your documents will speed up claims and help you build a strong case.

Sometimes, the party accountable for your injuries does not have to be present in order to be held accountable. For instance, you can you could sue the manufacturer of your boat if you find an issue with the manufacturing process. Our team will review your case to determine whether you have an appropriate claim.

If there's a plausible claim against the responsible party our lawyers will begin by filing a lawsuit with the court, which provides all pertinent details about the accident and the damages you want to claim. The discovery process is started, in which both parties exchange pertinent information, including interrogatories or sworn depositions. The case can be resolved or taken to trial.