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How to File a Boat Accident Claim
Boating can be fun and thrilling, but it could quickly turn deadly if not careful. Boats must also adhere to strict safety guidelines to avoid injuries.
If palatine boat accident attorneys 've suffered injury in an accident while on the boat, you may be eligible for compensation for medical expenses and property damage. To increase your chances of winning you should speak with a reputable New York boat accident attorney.
1. Gather Evidence
If someone is involved in an accident on the water, the most important step is to collect evidence and speak with an attorney. It is also essential to seek medical attention right away for any injuries that might have occurred. Medical records and other proof are needed to prove an action for damages such as current and future medical expenses in addition to loss of income earning potential, property damage, and other non-economic damages such as suffering and pain.
Videos and photos can help preserve physical evidence from the scene of a boating incident. Eyewitness testimony can be an invaluable piece of evidence since it reveals details about the collision that would otherwise go unnoticed. Police and incident reports can be used to establish a chronology of what transpired during the investigation.
A seasoned lawyer can scrutinize the evidence and determine who are responsible for victim's injuries or losses. A lawsuit for negligence arising from a boating accident typically involves multiple parties including the boat driver and the owner or manufacture of the watercraft.
An experienced lawyer can manage all communications between insurance providers and victims involved in the claim for compensation of the victim. A lawyer can help victims not say anything that could be used against them in a court of law and can help victims obtain fair settlements for damages.
2. File a Report
The first thing to do after a boating incident is to ensure everyone is secure. You should then call the police in your area and file a formal report. Depending on state laws and regulations, you may have up to 48 hours in which to file a report if the accident results in death or injury that requires medical attention beyond basic first aid. In addition, you could have 10 days to file a claim when the accident causes more than $2,000 in damage or the boat is lost.
If you are able, remain at the scene of the accident to assist other boats or persons without placing your safety or that of the victims at risk. This will allow the police officer to take note of important details like the manner in which the collision took place and who was onboard at the time of the crash and the cause.
Unfortunately, even highly trained and experienced boaters can get involved in accidents on the water because of someone else's negligence. A knowledgeable lawyer can assist you in identifying the responsible party responsible for your injuries and seek compensation. Recoverable damages typically include your medical expenses, property damage and financial losses. In addition, an action against the responsible party could result in monetary recovery for your pain and suffering, loss of quality of life, and other emotional issues that come along with the crash.
3. Inspect the Damages
After medical professionals have examined everyone's injuries and they are in a safe place It is essential to look at the damage to the boat. This is when you start contemplating your insurance policy and what it covers.
A surveyor will be assigned to your claim and will come out to assess any damage caused by the accident. He or she will compare the damage to the original stated by you. They will then start figuring out what the damages could be worth.
It is impossible to control every single factor that causes a boat accident. However, if there was a defect by the manufacturer in the vessel itself it is possible to bring a claim of product liability against the company that manufactured the boat.
In these instances it is imperative to hire a lawyer who has experience in handling boating claims because they are able to create an airtight case to prove that the manufacturer is responsible for the accident.
It is also important to note that various types of boats are covered differently by an insurance policy. For instance, homeowner's insurance, which covers home owners, will usually only cover small boats with engines less than 50 HP. This means that airboats, jet skis and larger vessels will not be covered by homeowner's insurance.
4. Contact an attorney
When you are secured and have seen a medical professional for injuries, be sure to notify your insurance company. Even if there's no police report, you'll still need to notify your insurance company. You should be careful when supplying information to insurance companies, as they will often try to assign blame for an accident. This can limit the amount of compensation awarded. The NYC lawyers for boating accidents at Mirman Markovits & Landau work hard to challenge and limit these claims.
If you're able to, it is a good idea to gather information on the other boat owners or operators involved in the crash. Included in this information is their names, addresses and phone number along with any insurance details. It is also helpful to keep a copy of the accident report filed.
Boat accidents can be frightening and can cause serious injuries. They can cause significant medical costs, lost wages, and damage. The parties responsible for the injury must be held accountable for any harm that they cause. You won't receive the compensation you deserve if don't consult an experienced New York injury lawyer as early as you can. This will help even the playing field and allow you to focus on getting well.
