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Severe boating accidents can cost many. A personal injury lawyer can help determine who is responsible and help you file a claim for compensation.
In general, just like motor accidents in vehicles, you will need to prove that the negligent party violated their duty of care and was the proximate reason for your injuries. There are a number of important evidences your lawyer should gather to support your case.
Damages
Medical expenses as well as lost income, discomfort are among the most common damages for boating accidents. The severity of your injury will determine how much you will receive in settlement or a jury verdict. Catastrophic injuries, such as traumatic brain injury or spinal cord injury or permanent disfigurement usually result in greater settlement or verdict amounts.
Medical expenses can include hospital bills, ambulance service charges visits to the doctor, physical therapy, medications and other related costs. Your lawyer will be able to prove the totality of your current and future medical costs. In certain states, you may also be entitled to compensation for future costs resulting from injuries. These could include the expense of the use of a home health aid, or additional physical therapy sessions, and a loss of earning capacity in the future.
The liability can be established more easily if the boat's operator or owner failed to maintain or equip their boat with safety equipment. For instance, if a boat did not have life jackets, flares, fire extinguishers, or whistles it is likely that it contributed to the incident.
A personal injury lawyer can assist you to meet your burden of proof by gathering evidence, like photographs or videos of the scene, witness statements, and 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 having a reliable network of experts who can give testimony is the best way to support the claim for compensation. Expert witnesses are highly educated professionals who have specialized qualifications in their area of expertise. They can provide evidence that an accident occurred. They are usually paid for their opinions and can be a huge asset to the case.
A expert witness in marine engineering, for example, can recreate the technical events that caused a boating accident by analyzing evidence such as speed calculations and collisions triggered by visibility. They can also testify as to the way safety regulations were adhered to or if they were not followed.
A medical professional is also an important expert witness. They can testify about the severity of your injuries, and their long-term implications. They can also describe how your life will change due to them, which can impact your claim for damages.
Expert witnesses in maritime and admiralty can investigate the causes of accidents involving recreational boats, personal watercrafts and commercial vessels. They can also provide analysis and evidence on maritime laws, such as those that govern classification of ships surveying, classification, and design.
Shared Fault
Just as a reckless or inattentive driver can result in a devastating car accident, a drunk boat accident attorney operator can put several people, including themselves and their passengers, at risk of serious injuries. In the event of a boat collision it is imperative to seek compensation from all parties responsible.
It's crucial to ensure that everyone is protected immediately after any boat accident and that they receive immediate medical attention, if required. In the earliest time possible, it's helpful to gather information about the incident including contact information from witnesses, photos of the scene, and names and numbers of any other boaters or owners who were involved in the collision. It's essential to inform law enforcement officials.
Insurance companies that represent liable parties frequently request victims of boat wrecks to provide recorded statements. An attorney can help avoid giving information to insurance companies that could be used against you to decrease the value of your claim or throw the claim completely.
A York County boat accident lawyer can gather evidence, eyewitness testimony police reports, eyewitness testimony, and photographs of the accident scene to build a solid case for you. The majority of personal injury and wrongful death lawsuits must be filed within four years after the incident. The sooner you meet with an attorney, the quicker they can start collecting information and building your case.
Insurance Companies
A successful personal injury claim will require proof of negligence, similar to lawsuits involving car accidents. This means proving the person responsible for your injuries breached the law and that this breach was the direct cause of your injuries. Our lawyers will examine the evidence to determine who is responsible for your boating accident and pursue compensation on behalf of you.
When you are able to do so immediately following an accident on the water it is crucial to seek medical treatment for any injuries. The visit to a doctor will assist you in determining the severity of your injuries and will directly link them to the incident. It is also crucial to document your injuries and bruises and keep a journal of your experiences. Organizing your documents will expedite claims and help you build an effective case.
Sometimes, the party responsible for your injuries doesn't have to be present in order to be held accountable. You could, for example you could sue the manufacturer of your boat when you discover a manufacturing defect. Our team can look over your case to determine whether you have a valid claim.
If there's a plausible claim against the person responsible, our attorneys will start by filing a claim with the court that contains all the pertinent details about the accident and the damages you want to claim. The discovery process is started, in which both parties exchange relevant information, including interrogatories or sworn depositions. Then, a settlement is reached or the case is taken to trial.
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