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Boating is often fun and exciting, but it can quickly become deadly if not careful. Like cars, boats must follow strict safety rules to avoid injuries.
If you have been injured in a boating accident, you may be entitled to compensation for Boat Accident medical expenses as well as for property damage. To increase your chances of success seek out a skilled New York boat accident attorney.
1. Gather Evidence
When someone is involved in a boating accident the first step is to gather evidence and speak with an attorney. Also, seek medical treatment immediately for any injuries. In order to support a claim medical documents and other evidence are needed. This includes future and current medical expenses as well as loss of earnings or earning potential, property damage and other non-economic damages, such as pain and suffering.
Photos and video footage can be used to preserve physical evidence from the scene of a boating accident. Eyewitness testimony is an additional important element of evidence, since it can provide crucial information about the cause of a collision that would otherwise be omitted. Police and incident reports can also be used to determine the timeline of what happened during the investigation.
A knowledgeable lawyer can review the evidence and determine who might be liable for a victim's injuries as well as the associated expenses. A successful negligence claim in a boating accident usually involves multiple liable parties, including the boat operator and the owner or manufacturer of the watercraft.
A trusted lawyer can manage all communications with insurance providers who will be involved in a person's claim for compensation. A lawyer can help victims to avoid saying anything that could be used against them in a court of law and also assist victims in obtaining fair settlement offers for damages.
2. Make a Report
If a boating accident happens the first thing you must do is ensure that everyone involved is safe. You should then contact the local police and file a report. Based on the laws of your state and regulations you may only have 48 hours to file a report in case of death or serious injury needing medical attention above first aid. Alternatively, you may have ten days to file a claim if the accident causes more than $2,000 of damage or the boat is damaged.
If you can, remain at the scene of the accident to assist other boats or people without risking your safety or the safety of the victim in danger. This will permit the law enforcement officer to note important details like the manner in which the accident happened, who was onboard at the time of the crash and what caused it.
Even experienced and well-trained boaters could be involved in an accident on the water due to someone else's negligence. A knowledgeable attorney can assist you in identifying the negligent party who caused your injuries and seek compensation. Recoverable damages typically include your medical expenses, property damage, and financial losses. In addition, a lawsuit against the responsible party could result in financial reimbursement for your pain and suffering, loss of quality of life, and other emotional distresses associated with the crash.
3. Inspect the Damages
Once medical professionals have assessed everyone's injuries and they are in a safe location It is essential to take a good look at the damage to the boat. Now is the time to start thinking about your insurance policy.
A surveyor will be assigned to your claim. They will come out to assess the damage caused by the accident. He or she will compare what you originally reported to the damage and boat accident start figuring out the value of the damage.
Most boat accidents result from a combination of factors that are impossible to control all of them. However, if there was a defect by the manufacturer within the vessel itself it might be possible to file a product liability claim against the company that produced the boat.
In these instances, you need an attorney who has experience in boating claims. They can build an argument that can prove the manufacturer was responsible for the accident.
It is important to keep in mind that different types are covered by different insurance policies. Insurance for homeowners, for instance, will usually only cover small boats that have engines less than 50 HP. Homeowner's insurance will not cover jet skis, larger vessels, or airboats.
4. Contact an attorney
Notify your insurance company whenever you feel secure and have visited a doctor for any injuries. Even if there's no police report, you'll still need to notify your insurance company. You should be careful when you provide information to insurance companies as they will often try to determine who is at fault for an accident. This can limit the amount of compensation awarded. The NYC lawyers for boating accidents at Mirman Markovits & Landau work hard to debunk and limit these claims.
If you are able you, it's a good idea to gather information about the other boat accident law firms owners or operators who were involved in the crash. This includes their address, name along with their phone number and insurance details. It is also helpful to keep a copy of the accident report filed.
Boat accidents can be a nightmare and cause serious injuries. They can be a source of significant medical costs, lost earnings and damages. The responsible parties must be held accountable for any harm that they cause. The at-fault parties and insurance companies won't provide the compensation you deserve, so it is important to consult a seasoned New York injury attorney as in the earliest possible time. This will help level the playing field and allow you to concentrate on getting well.
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