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Boating can be thrilling and enjoyable, however If you're not careful, it could quickly turn deadly. Boats must also adhere to strict safety regulations to avoid injuries.
If you've been injured in a boating incident, you may be entitled to compensation for medical bills and 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 an accident while boating, the most important step is to gather evidence and contact an attorney. It is also crucial to seek medical attention right away for any injuries that may have occurred. To support a claim medical records and other evidence are required. This includes both future and present medical expenses in addition to loss of earnings or earning potential, damage to property and non-economic losses like pain and suffering.
Video and photos can be useful in preserving evidence from the scene of an accident. Eyewitness testimony can be a valuable evidence source since it provides details about the collision that otherwise would remain unnoticed. You can also use police reports and incident reports to create the timeline.
A knowledgeable lawyer can review the evidence and determine which parties are responsible for victim's injuries or expenses. A successful negligence claim in a boating accident typically involves multiple liable parties, including the boat's operator as well as the owner or manufacturer of the watercraft.
A reputable lawyer can handle all communication with insurance providers who are involved in a victim's claim to compensation. An attorney can impede victims from saying anything that could be used against them in court. In addition, they can assist victims get fair settlements for their damages.
2. Report a crime
When a boating incident occurs the first thing you need to do is ensure that everyone is secure. Then, you should contact the police in your area and file a formal report. Based on the state's laws and regulations, you could have up to 48 hours to file an incident report if the accident results in injury or death that requires medical attention above basic first aid. You may also have ten days if you are in a position to not locate the boat or if the accident results in more than $2,000 of damage.
It is also recommended that you remain at the site of the accident and assist other boats or people, if feasible without risking your own safety or that of the victims. This will allow the law enforcement officer to keep track of crucial details like the manner in which the collision took place, who was onboard at the time of the collision and the cause.
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 help you identify the negligent party responsible for your damages and pursue compensation. Damages that can be recovered typically include medical expenses, property damage, and financial losses. A lawsuit against the responsible party could also result into monetary compensation for your pain and discomfort or boat accident loss of quality life, as well as emotional distress associated with the accident.
3. Examine the damages
After medical professionals have examined the injuries of everyone and are secured It is essential to look at the damage to the boat accident attorney. It is now time to think about your insurance policy.
A surveyor will be assigned to your claim and will visit to assess any damage caused by the accident. The surveyor will then compare the damage to the original reported by you and will then begin to figure out what the damages could be worth.
Most boat accidents result from a combination of causes that are impossible to control all of them. If there was a defect by the manufacturer within the vessel itself it could be possible to make a claim for product liability against the manufacturer of the boat.
In these situations, you need an attorney with experience in boating claims. They can put together a strong case that proves the manufacturer is responsible for the accident.
It is important to keep in mind that different types of boats are covered by different insurance policies. Homeowners insurance, for example generally only covers small boats that have engines less than 50 HP. This means that jet skis, airboats and larger vessels won't be covered by homeowner's insurance.
4. Contact an attorney
Inform your insurance company when you feel safe and have seen a doctor in case of any injuries. You'll likely need to do so even when no police report has been filed. Be cautious when you give details to insurance companies, because they are likely to attempt to blame someone else for an accident. This can reduce the amount of compensation given. The NYC lawyers who handle boating accidents at Mirman, Markovits & Landau will be determined to prove these claims and limit the amount of blame assigned to you.
If you're able then it's a great idea to collect information about the other boat owners or operators who were involved in the crash. Included in this information is their name, address and telephone number as well as any insurance information. It is also helpful to have a copy of the boating accident report that has been filed.
Boat accidents can be terrifying and may cause serious injuries. They can result in significant medical expenses loss of wages, and other damage. The parties responsible should be held accountable for the harm they caused you. You won't get the amount you are due if you don't seek out an experienced New York injury lawyer as soon as you can. This can help level the playing field and allow you to focus on healing.
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