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Boating can be fun and thrilling, but it could quickly turn deadly if you're not careful. Boats must also adhere to strict safety guidelines to avoid injuries.
If you've suffered injuries in an accident on the water, you may be eligible for compensation for medical expenses as well as property damage. Contact a New York boat accident lawyer to increase your chances of winning.
1. Gather Evidence
When someone experiences a boating accident, the most important step is to collect evidence and contact an attorney. You should seek medical attention immediately for any injuries. To support a claim, medical documents and other evidence are needed. This includes both future and present medical expenses in addition to loss of earnings or earning potential, damage to property as well as non-economic damages like suffering and pain.
Videos and photos can help preserve physical evidence from the scene of a boating incident. Eyewitness testimony is another vital element of evidence, boat Accident Lawyers since it can provide important information regarding the cause of the collision that may be overlooked. Police and incident reports can be used to determine the time line of what happened in the incident.
A knowledgeable lawyer will review the evidence and determine who might be liable for a victim's injuries or expenses. A successful negligence claim for an accident involving a boat usually involves multiple parties liable, including the boat accident lawsuits's owner and the owner or manufacturer of the watercraft.
A reputable lawyer will manage all communication with insurance companies that will be involved in a victim's claim for compensation. A lawyer can assist victims to avoid saying anything that could be used against them in the court of law, and also help victims obtain fair settlement offers for damages.
2. Report a problem
The first thing you should do after a boating incident is to ensure everyone is safe. Then, you must contact local law enforcement and submit a formal report of the incident. According to state laws and regulations, you could have up to 48 hours in which to file reports if the accident results in death or injury which requires medical treatment above basic first aid. Additionally, you may be given ten days to file a report in the event that the accident causes more than $2,000 worth of damage or the boat is lost.
You should also stay at the scene of the accident to assist other boats or people, if possible without endangering your own safety or the safety of the victims. This will help the law enforcement officer note important details, such as how the accident occurred and who was in the boat at the time of the crash and what caused it.
Even well-trained and experienced boaters could be involved in an accident on the water because of someone else's negligence. A skilled attorney can identify the negligent party accountable for your injuries and help you pursue compensation. Damage to property, medical expenses and financial losses are all recoverable damages. A lawsuit against the party responsible could also result in financial compensation for your discomfort and pain or loss of quality life, as well as emotional distress due to the accident.
3. Examine the damages
After medical professionals have examined everyone's injuries and they are in a safe area, it is important to take a good look at the damage to the boat. You should now start thinking about your insurance policy.
A surveyor will be assigned to your claim and come out to examine any damage that was caused by the accident. He or she will compare what you originally reported with the damage and start figuring out the value of the damage.
It is impossible to control every factor that can lead to a boating accident. If there was a defect on the boat, you may be able to file a claim for product liability against the company that produced the boat.
In these cases it is imperative to hire a lawyer who has experience handling boating claims because they are able to create an air-tight defense that proves that the manufacturer was accountable for the accident.
It is important to remember that different types of boats are covered by different insurance policies. Homeowners insurance, for instance, will usually only cover small boats with engines below 50 HP. Insurance for homeowners does not cover jet skis, larger vessels or airboats.
4. Contact an Attorney
When you are safe and have seen an expert medical professional for injuries, you must inform your insurance company. Even if there is no police report, you will be required to notify your insurance company. You should be careful when providing details to insurance companies, because they are likely to try to determine who is at fault for an accident. This can reduce the amount of compensation that you receive. The NYC lawyers who handle boating accidents at Mirman, Markovits & Landau will do their best to disprove these claims and limit the amount of fault given to you.
If you can, it is a good idea to gather information on the other boat operators or owners involved in the accident. This includes their name, address telephone number, and insurance details. It is also helpful to have a copy of the report of a boating accident that has been filed.
Boat accidents can be a nightmare and cause serious injuries. They can be a source of significant medical costs, lost wages and damages. The parties responsible have to be held accountable for the harm they have caused you. The at-fault parties and insurance companies will not provide the compensation you deserve Therefore, it is crucial to consult a seasoned New York injury attorney as soon as you can. This will help to level the playing field and allow you to concentrate on getting well.
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