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How to File a Boat Accident Lawsuit
The consequences of boating accidents can be an enormous amount. A personal injury lawyer can help you determine who is responsible and the best way to submit a claim to recover compensation.
Generally, like with motor accidents in vehicles, you will need to establish that the negligent party breached their duty of care and this was the main cause of your injuries. Your lawyer will have to gather evidence for your case.
Damages
The most commonly incurred damages from boating accidents are medical costs, lost income, and pain and suffering. The severity of your injuries will play a large factor in determining the amount you can expect to receive from a settlement, or a jury award. The amount of catastrophic injuries such as traumatic brain injury or spinal cord injury or permanent disfigurement, are usually higher.
Medical expenses could include hospital bills, ambulance service charges, doctor's visits, physical therapy, medication and other related costs. Your attorney will work to establish the past and future medical expenses. In certain states, you may also be entitled to compensation for expenses resulting from your injuries. This could include expenses for the services of a home health aid or additional physical therapy appointments, as well as loss of future earning capability.
The liability can be established if the boat owner or operator did not properly maintain their vessel or possessed an inadequate amount of safety equipment. If the boat didn't contain whistles, flares or fire extinguishers, it is likely that it contributed to 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 witness statements, medical documentation of your injuries. Your lawyer can also contest claims that you were partially to blame for the accident.
Expert Witnesses
In any personal injury case, the best method to support your demand for compensation is to have a established network of experts who can provide evidence. Expert witnesses are highly qualified professionals with specialization in their area of expertise. They can show that an accident took place. They usually get paid for their opinion and can provide a significant amount of credibility to a case.
For instance an expert in marine engineering witness can recreate the technical events that led to an accident on a boat by studying evidence such as speed calculations and how visibility influences collisions. They can also testify about whether safety regulations were followed, or if any were not.
Another important expert witness is a medical professional who will testify on the extent of your injuries as well as their long-term consequences. They can also explain how your life will be different because of them, which may impact your claim for damages.
Admiralty and maritime expert witnesses can carry out in-depth investigations into the causes of accidents involving recreational boats and personal watercrafts, as well as commercial ships and their crew. They are also able to provide evidence and analysis of maritime law like those that regulate ship classification surveying, design, and classification.
Shared Fault
In the same way that a driver who is inattentive or reckless can cause a car accident and a drunken boat owner can put themselves and passengers at risk of serious injuries. If boat accidents do occur it is important for the injured party to seek compensation from all responsible parties.
After any boat crash, it's important to ensure everyone is safe and receives immediate medical attention, should it be required. It's important to gather information about the accident as soon as possible. This includes contact details for witnesses, photos of scene along with the names and numbers of any other boaters or boat owners involved in the collision. It's also essential to file a formal report with law enforcement.
Insurance companies that are liable for the loss of a party often ask victims of boat accidents to provide recorded statements. An attorney can help avoid providing information to insurance companies that could be used by them to reduce or even throw out your claim.
spokane valley boat accident attorneys can collect evidence, eyewitness testimony, police reports, and photographs 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 after the incident. The earlier you talk to an attorney, the quicker they will be able to begin collecting information and building your case.
Insurance Companies
A successful personal injury claim will require proof of negligence, like lawsuits involving car accidents. This means that you have to prove that the party responsible for your injuries breached a legal obligation and that the breach was the sole cause of your damages. Our lawyers can review your evidence to determine who's responsible for the boating accident and pursue compensation on behalf of you.
It is important to seek medical attention as quickly as you can following a boating incident. The visit to a doctor will assist you in documenting the severity of your injuries and directly connect them to the accident. Additionally, it's important to take pictures of your injuries and bruises as well as keep a diary of your experiences. Organizing these documents can speed up the claims process and will aid your attorney in constructing an argument that is strong for you.
Sometimes, the party accountable for your injuries does not need to be present in order to be held accountable. For instance, you could to sue the boat maker in the event that you discover an issue with the manufacturing process. If you've suffered injuries by a defective product, our team will examine the facts of your situation and determine if there is a valid claim against the retailer or manufacturer.
If there's a valid claim against the responsible party our lawyers will begin by filing a claim with the court, which provides all pertinent details about your accident as well as the damages you want to claim. The discovery process then initiated, where the parties share relevant information, such as interrogatories, or sworn depositions. Then, a settlement is reached or the case is sent to trial.