How to File a Boat Accident Lawsuit Severe boating accidents can cost many. A personal injury lawyer can help you determine who is accountable and how to proceed with a claim. In general, as with motor vehicle accidents, you have to establish that the negligent party breached their duty of care, and this was the primary reason for your injuries. There are several key evidences your lawyer will need to support your case. Damages The most common damages from boating accidents are medical expenses loss of income, pain and suffering. The degree of your injuries will play an important impact on the amount you can expect to receive from a settlement or jury award. The amount of catastrophic injuries like traumatized brain injury or spinal cord damage or permanent disfigurement tend to be more. Medical expenses could include hospital bills, ambulance fees, doctor's visits, physical therapy, medication and other related costs. Your attorney will establish all of your past and future medical costs. In some states, you may also be entitled to compensation for future expenses resulting from your injuries. This could include the cost of a home health aid or additional physical therapy sessions, and also the loss of future earning capacity. Liability can be established more easily if a boat's operator or owner failed to maintain or equip their boat with sufficient safety equipment. For example, if the vessel 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 assist you to meet your burden of evidence by assembling evidence, such as pictures or videos of the scene witnesses' statements, medical documentation of your injuries. Your attorney may also contest allegations that you were partially to blame for the accident. https://vimeo.com/709833215 In any personal injury situation, having a network of established experts who can testify is the best way to support the claim for compensation. While eyewitnesses may help prove that the accident happened Expert witnesses possess specialized qualifications that make them highly competent experts in their field of matter. They are usually paid for their opinions and are able to add a lot of weight to the case. A marine engineering expert witness, for example, can recreate the technical events that caused a boating incident by analyzing evidence like speed calculations and collisions caused by visibility. They can also testify as to the safety rules that were followed or if they were violated. A medical professional is a second important expert witness. They can testify on the severity of your injuries as well as their long-term implications. They can also provide an explanation of how your life will be different because of them, which can 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 as commercial ships and their crew. They can also testify and analysis of maritime law which govern classification of ships as well as surveying and design. Shared Fault Just as a reckless or negligent driver could cause a devastating car accident, a drunk boat operator can put several people, 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. Following any boat collision it's crucial to ensure everyone is safe and receives immediate medical attention, if needed. It's important to gather details about the incident as soon as you can. This includes contact details for witnesses, photos of the scene as well as names and telephone numbers of other boaters and boat owners who were involved in the collision. It's important to report the incident to law enforcement officials. Insurance companies that represent liable parties frequently require victims of boat accidents to provide written statements. An attorney can help you avoid giving information to insurance companies that could be used against you to decrease the value of your claim, or even throw the claim completely. A York County boat accident lawyer can collect evidence, eyewitness testimony, police reports, and photos of the scene to create a strong case for you. Most personal injury lawsuits as well as wrongful death suits must be filed within four years from the date of the incident. If you contact an attorney, they will be able to begin gathering information and preparing your case. Insurance Companies Similar to car accident lawsuits, the successful personal injury claim requires the proof of negligence. This includes proving that the person responsible for your injuries breached a legal duty and that the breach was the direct cause of your injuries. Our lawyers will review your evidence to determine who's liable for your boating accident and seek compensation on behalf of you. As soon as you can following an accident on the boat it is imperative to seek medical treatment for your injuries. A doctor will help you document your injuries and link them directly to the accident. It is also crucial to take photos of the injuries you sustained, bruises and keep a diary. Organizing these documents can expedite the claims process and assist your lawyer in building an argument that is strong for you. Sometimes, the person who is responsible for your injuries doesn't necessarily have to be in the room. For example, you could sue the company that made the boat if it has a manufacturing defect or a failure to warn of dangers. Our team will examine your case to determine whether you have a valid claim. If you have a valid claim against the responsible party our lawyers will file a complaint with the court with all pertinent information about your accident and the damages that you seek. This is followed by the discovery process, where both parties exchange information, which includes interrogatories as well as sworn depositions. Finally, a settlement is reached or the case is referred to trial.