How to File a Boat Accident Lawsuit Severe boating accidents can cost an enormous amount. A personal injury lawyer can help sort out who might be responsible and help you make a claim for compensation. In general, like in motor accidents in vehicles, it is important to establish that the negligent party did not meet his duty of care, and that was the cause of your injuries. There are a number of important pieces of evidence your lawyer must gather to support your case. Damages The most common damages that result from boating accidents are medical costs or lost income, as well as suffering. The severity of your injuries will play a major factor in determining the amount you can get from a settlement or a jury award. For catastrophic injuries that include traumatic brain injury or spinal cord injury or permanent disfigurement tend to be more. Medical expenses could include ambulance charges, hospital bills doctor's visits, 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 related to your injuries. This could include the cost of a home health aid or additional physical therapy sessions, as well as the loss of future earning capacity. It is easier to determine liability If the owner or operator failed to maintain their vessel or had a low amount of safety equipment. For example, if the boat did not have life jackets, flares, fire extinguishers, or whistles it is likely that this contributed to the accident. A personal injury lawyer can help you meet your burden of proof by assembling evidence, such as pictures or videos of the accident scene as well as witness statements and medical documentation of your injuries. Your lawyer may also challenge the claim that you are partially to blame for the accident. Expert Witnesses Like any other personal injury situation, the best way to support your demand for compensation is to have a well-established expert network to provide evidence. Eyewitnesses can be helpful in proving that the accident happened experts have specialized qualifications that make them credible professionals in their subject matter. They are typically paid for their opinion and can add a lot of weight to a case. For example, a marine engineering expert witness could recreate the technical events of an accident on a boat by studying evidence like speed calculations and how visibility impacts collisions. They can also testify on the way safety regulations were adhered to or if they were not followed. A medical professional is a second important expert witness. They can testify about the extent of your injuries, and the long-term consequences. They can also explain how your life will change due to them, which can impact the amount of damages you can claim. Expert witnesses in admiralty and maritime can examine the causes of accidents involving recreational boats, personal watercrafts or commercial ships. They also can provide evidence and analysis of maritime law like those that govern classification of ships surveying, design and classification. Shared Fault Similar to how an inattentional driver or reckless can cause a car accident and a drunken boat owner could put themselves and their passengers at risk of serious injury. If boat accidents do occur it is crucial that injured parties seek compensation from all responsible parties. It's essential to ensure that everyone is protected immediately following any boat crash and that they receive immediate medical attention if needed. When possible, it's helpful to collect any information regarding the incident, such as contact information from witnesses, photographs of the scene, and the names and contact numbers of any other boaters or boat owners who were involved in the collision. It's essential to report the incident to law enforcement. Insurance companies for liable parties typically request victims of boat wrecks to provide written statements. An attorney can help to avoid providing information to insurance companies which could be used to limit or even throw out your claim. A seasoned York County boat accident attorney can collect evidence including eyewitness testimony, police reports, and photographs of the scene of the accident to make an impressive case on your behalf. The majority of personal injury claims and wrongful death lawsuits must be filed within four years from the date of the incident. If you get in touch with an attorney, they can begin collecting evidence and constructing your case. Insurance Companies As with lawsuits involving car accidents, any successful personal injury claim requires the proof of negligence. This means proving that the person who caused your injuries violated a legal duty and that the breach was the proximate cause of your damages. Our lawyers can examine the evidence to determine who is responsible for the boating accident and pursue compensation on behalf of you. As soon as you can after an incident on a boat, it is essential to seek medical attention to treat your injuries. A doctor will help you record your injuries and connect them directly to the accident. It is also crucial to capture photos of your bruises, wounds and keep a journal. Organizing these documents can expedite the claims process and help your attorney build an argument that is strong for you. Sometimes, the person accountable for your injuries does not need to be in the room. For instance, you may claim against the company that manufactured the boat if it has a manufacturing defect or failure to warn you of potential dangers. Our team can look over your case to determine whether you have an appropriate claim. If you have a valid claim against the responsible party, our attorneys will file a complaint in court, stating all the pertinent details regarding your accident and the damages you are seeking. The discovery process then started, in which both parties exchange relevant information including interrogatories and sworn depositions. https://vimeo.com/709687818 may be resolved or sent to trial.