How to File a Boat Accident Lawsuit

Injuries to boats that are severe can cost an enormous amount of money. A personal injury lawyer can assist you to sort out who might be responsible and how to seek compensation.

In general, similar to in motor accident cases, it is imperative to establish that the negligent party breached his duty of care, and that is the reason for your injuries. There are a number of important evidences your lawyer will need to support your case.

Damages

Medical expenses as well as lost income, discomfort and pain are the most commonly cited damages in boating accidents. The severity of your injury will determine the amount you can receive in settlement or a jury verdict. Catastrophic injuries, such as traumatic brain injury, spinal cord injury, or permanent disfigurement typically result in greater settlement or verdict amounts.

Medical expenses may include hospital bills, ambulance fees visits to the doctor, physical therapy, medications and other costs. Your attorney will prove all of your previous and future medical costs. In certain states, you may also be entitled to compensation for future damages resulting from your injuries. These could include costs for an aide at home or additional physical therapy sessions, as well as loss of earning potential in the future.

Liability is easier to establish if the boat owner or operator did not maintain their vessel or had an inadequate amount of safety equipment on board. For instance, if a boat was not equipped with life jackets, flares, fire extinguishers or whistles, it is likely that it contributed to the incident.

A personal injury attorney can help you meet the burden of proof, by obtaining evidence such as witnesses' statements, photos or videos of scenes from accidents as well as medical documentation of your injuries. Your attorney can also challenge allegations that you were partially to blame for the accident.

Expert Witnesses

As with any type of personal injury case, the best method to support your demand for compensation is to have a well-established network of experts to give evidence. Eyewitnesses are a great way to prove that the incident occurred experts have specialized qualifications that make them highly credible experts in their matter. They are compensated for their opinions and they can be an enormous amount of credibility to the case.

A marine engineering expert witness, for example, can recreate the events that caused a boating incident by analyzing evidence like speed calculations and collisions caused by visibility. They may also testify whether safety regulations were followed or not.

Another crucial expert witness is an expert in medicine who can testify on the extent of your injuries as well as their long-term effects. They can also explain the consequences of your injuries to your life, which may impact your claim for damages.

Admiralty and maritime expert witnesses can perform an forensic investigation of the causes of accidents involving recreational boats and personal watercrafts as well commercial vessels and their crew. They can also offer analysis and testimony on maritime laws, such as the laws governing classification of ships and surveying as well as design.

As soon as possible after an incident on a boat it is vital to seek medical attention for any injuries. A doctor can assist you to record your injuries and connect them directly to the incident. In addition, it is essential to take photographs of your wounds and bruises as well as keep a record of your experiences. Organising your documents will speed up claims and help you build an effective case.

Sometimes, the party accountable for your injuries doesn't need to be present in order to be liable. For instance, you may take action against the manufacturer of your boat if there is an issue with the manufacturing process or a failure to warn of dangers. Our team will examine your case to determine if you have a valid claim.

If you have an appropriate claim against the responsible party, our attorneys will file a claim in court, stating all the pertinent information regarding your accident and the damages that you are seeking. The discovery process then started, in which both parties exchange relevant information, including interrogatories, or sworn depositions. In the end, a settlement can be reached or the case is referred to trial.