How to File a
boat accident law firms Accident Claim
Boating can be enjoyable and thrilling, but it could quickly become deadly if not careful. Like cars, boats must adhere to strict safety guidelines to avoid injuries.
If you've been injured in a boating incident, you may be entitled to compensation for medical expenses and property damage. Contact a New York
boat accident lawyer to increase your odds of winning.
1. Gather Evidence
When someone is involved in an accident on the water the first step is to gather evidence and get in touch with an attorney. You should seek medical attention as soon as you notice any injuries. Medical records and other proof are needed to prove the claim for damages such as current and future medical costs in addition to loss of income earning potential, property damage and non-economic damages like pain and suffering.
Video and photos are useful in preserving evidence from the scene of an accident. Eyewitness testimony is yet another important evidence source, as it can give valuable information regarding the cause of an accident that could otherwise be overlooked. You can also utilize police and incident reports to establish a timeline.
A seasoned lawyer can scrutinize the evidence and determine which parties are responsible for victim's injuries and related expenses. A boating accident negligence case typically involves multiple parties including the boat's driver as well as the manufacturer or owner of the watercraft.
A reputable attorney will manage all communications between victims and insurance providers involved in the claim for compensation of the victim. A lawyer can assist victims not to say anything that could be used against them in a court of law and can also help victims obtain fair settlements for damages.
2. File a Report
When a boating incident occurs the first thing you must do is make sure that everyone involved is safe. You should then call the local police and file a report. In accordance with the state laws and regulations you may only have 48 hours to file an official report in the event of death or serious injury requiring medical treatment above basic first aid. You could also be granted ten days if you are in a position to not locate the
boat accident lawsuit or if the incident causes more than $2,000 of damage.
You should also stay at the site of the accident and assist other boats or individuals if possible, without putting your safety or that of the victims. This will permit the law enforcement officer to record important information like how the accident happened and who was onboard at the time of the collision and the cause.
Unfortunately, even highly trained and experienced boaters may be involved in water-related accidents because of the negligence of someone else. An experienced attorney can pinpoint the responsible party for your injuries and help you pursue compensation. Property damage, medical expenses and financial losses are all recoverable damages. A lawsuit against the responsible party may also result in monetary compensation for your pain and discomfort as well as loss of quality of life, as well as emotional distress that is caused by the accident.
3. Examine the damage
After medical experts have examined all the injuries sustained by everyone and determined that they are all in a safe location, it is important that you take a thorough review of the damage to the boat. This is the time to start looking at your insurance policy and what it will cover.
A surveyor will be assigned to your claim and will visit to examine any damage that was caused by the accident. The surveyor will assess the damage with the ones originally stated by you. They will then start figuring out what the damages could be worth.
Most boat accidents are caused by a combination of causes that are impossible to control all of them. However, if there was a manufacturer defect in the vessel itself, it may be possible to bring a claim of product liability against the company that manufactured the boat.
In these cases, it is essential to retain a lawyer that has experience in handling boating claims because they can build an airtight case to prove that the manufacturer was responsible for the accident.
It is important to remember that different types of boats are covered by different insurance policies. For example homeowners insurance will generally only cover smaller boats with an engine that is below 50 HP. Homeowner's insurance does not cover jet skis, larger vessels, or airboats.
4. Contact an Attorney
Notify your insurance company immediately after you feel safe and have been to 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 give information to insurance companies as they may attempt to determine who is responsible for an accident. This could reduce the amount of compensation given. The NYC lawyers who handle boating accidents at Mirman, Markovits & Landau will fight hard to debunk these claims and limit the amount of blame given to you.
It is important to gather as many details as you can about the other boat owners and operators involved in the incident. Included in this data are their names, addresses and phone number along with any insurance information. It is also beneficial to keep a copy of the accident report that has been filed.
Boat accidents can be scary and may cause serious injury. They can result in significant medical expenses along with lost wages and other damages. Anyone responsible for the injury must be held accountable for the harm they have caused you. The at-fault parties as well as insurance companies will not provide the compensation you're entitled to It is essential to speak with an experienced New York injury attorney as early as you can. This will allow you to concentrate on improving your situation and level the playing fields.