The 10 Scariest Things About Boat Accident Lawyer
How to File a Boat Accident Claim
Boating can be fun and exciting, but it can quickly turn deadly if you're not careful. Like automobiles, boats must abide by strict safety guidelines to avoid injuries.
If you've been injured in an accident while on the boat, you could be eligible for compensation for medical expenses as well as property damage. To increase your chances of success you should speak with a reputable New York boat accident lawsuits accident attorney.
1. Gather Evidence
If you are involved in an accident while boating the first step is to gather evidence and contact an attorney. You should also seek medical attention as soon as you notice any injuries. Medical records and other evidence are necessary to support a claim for damages including future and current medical costs in addition to loss of income earning potential, property damage and non-economic damages like pain and suffering.
Videos and photos can help preserve evidence from the scene of a boating incident. Eyewitness testimony can be an invaluable piece of evidence since it gives details regarding the incident that could otherwise be ignored. Police and incident reports can also be used to establish a timeline of events that occurred in the case.
A lawyer who is experienced can review the evidence to identify the parties that could be accountable for the victim's injuries or losses. A successful negligence case for an accident involving a boat usually involves multiple parties liable, including the boat operator and the owner or manufacturer of the watercraft.
An experienced attorney is able to handle all communication between insurance providers and victims involved in the victim's compensation claim. A lawyer can assist victims to avoid saying anything that could be used against them in a court of law, and can aid victims in obtaining fair settlement offers for damages.
2. File a Report
When a boating accident occurs, the first thing you need to do is ensure that everyone is safe. The next step is to contact the police at the scene and file a report. Based on the laws of your state and regulations, you may have 48 hours to file a report in case of serious injury or death requiring medical treatment above basic first aid. Additionally, you may be given ten days to file a report when the accident causes more than $2,000 worth of damage or if the boat is destroyed.
If you are able, stay at the site of the accident to help other boats or people, without risking your own safety or that of the victim in danger. This will allow the law enforcement officer to keep track of crucial details like the manner in which the accident occurred and who was on board at the time of the crash, and what caused it.
However, even the most well-trained and experienced boaters can be involved in water-related accidents due to the negligence of another. A skilled attorney can identify the negligent party accountable for the damages you suffered, and assist you pursue compensation. Damage to property, medical expenses and financial losses are all recoverable damages. A lawsuit against the responsible party could also result in monetary compensation for your discomfort and pain as well as loss of quality of life, and emotional trauma associated with the incident.
3. Check for damage
Once medical professionals have checked everyone's injuries and they are in a safe area, it is important to take a good look at the damage to the boat. This is the time to start considering your insurance policy and what it covers.
A surveyor will be assigned to your claim and will be sent out to assess the damage caused by the accident. The surveyor will then compare the information you initially provided to the damage and begin to calculate the value of the damages.
Most boat accidents are the result of a mix of factors, and it is not always possible to control all of them. If there was a manufacturer defect on the boat itself, it may be possible to file a product liability claim against the company that manufactured the boat.
In these cases, you need an attorney with experience in boating claims. They can create an argument that can prove the manufacturer is responsible for the accident.
It is important to remember that different types of boats are covered by insurance policies in different ways. Insurance for homeowners, for instance typically covers small boats with engines below 50 HP. This means that airboats, jet skis and larger vessels will not be covered by homeowner's insurance.
4. Contact an Attorney
Once you're safe and have seen an medical professional for injuries, ensure that you inform your insurance company. You'll likely have to do so even in the absence of a police report filed. It is essential to be aware of your information as the insurance companies often try and determine who is responsible for the accident. This can decrease the amount of compensation that you receive. The NYC lawyer for boating accidents at Mirman, Markovits & Landau will be determined to prove these claims and reduce the amount of fault assigned to you.
If you're able to, it's a good idea to get information from the other boat operators or owners involved in the crash. Included in this information are their name, address and telephone number along with any insurance details. It is also helpful to have a copy the boating accident report that has been filed.
Boat accidents can be a nightmare and may cause serious injuries. They can cause substantial medical expenses, lost wages and other damage. The responsible party should be held accountable for the harm they caused you. You won't receive the compensation you deserve if you don't consult an experienced New York injury lawyer as soon as possible. This can help level the playing field and allow you to concentrate on getting well.