Valorie Braswell asked 3 months ago
How to File a Boat Accident Claim
Boating can be thrilling and enjoyable, but if you are not careful it can quickly become dangerous. Boats must also follow strict safety guidelines to avoid injuries.
If you have been injured in a boating incident you could be entitled to compensation for medical expenses as well as for property damage. Contact a New York boat accident lawyer to increase your chances of winning.
1. Gather Evidence
The most important thing to do following an accident with a boat accident attorney is to gather evidence and then contact a lawyer. Also, seek medical attention as soon as you notice any injuries. To support a claim medical records and other evidence is needed. This includes current and future medical expenses and loss of earnings, earning potential, property damage as well as non-economic damages like pain and suffering.
Video and photographs are useful in preserving physical evidence at the scene of an accident. Eyewitness testimony can be a valuable evidence piece as it provides details about the collision that otherwise would remain unnoticed. You could also rely on police reports and incident reports to establish a time line.
A lawyer who is experienced can review the evidence to determine which parties may be liable for the victim’s injuries or losses. A successful negligence case for a boating accident usually involves multiple parties that are liable, including the boat’s owner and the manufacturer or owner of the watercraft.
A reputable lawyer is able to manage all communication with insurance companies that will be involved in a claim of a victim for compensation. An attorney can impede victims from saying anything that could be used against their case in court. they can assist victims receive fair settlements for their losses.
2. File a report
The first thing you should do after a boating incident is to ensure everyone is secure. You should then contact the police at the scene and make a report. Depending on state laws and regulations, you may be given 48 hours to submit reports if the accident results in injury or death that requires medical attention beyond basic first aid. You could also have 10 days to file a claim in the event of more than $2,000 worth of damage or if the boat is destroyed.
You should also stay at the site of the accident to assist other boats or individuals if you can, without putting at risk your safety or that of the victims. This will permit the law enforcement officer to keep track of crucial details like the manner in which the collision took place and who was aboard at the time of the crash and the cause.
Unfortunately, even highly trained and experienced boaters can get involved in accidents on the water because of the negligence of someone else. An experienced lawyer can identify the negligent party responsible for your injuries and help you pursue compensation. The damages that are recoverable typically include medical expenses, property damage, and financial losses. A lawsuit against the responsible party could also result into monetary compensation for your discomfort and pain as well as loss of quality of life, and emotional trauma due to the accident.
3. Examine the damages
After medical professionals have examined all the injuries sustained by everyone and determined that they are all in a safe location It is essential that you take a close look at the damage that has been done to the boat. This is when you start considering your insurance policy and what it will cover.
A surveyor will be assigned to your claim and will be sent out to inspect any damage caused by the accident. The surveyor will then compare what you originally reported with the damage and begin to calculate the value of the damages.
Most boat accident lawsuits accidents are caused by a combination of factors that are not always possible to control all of them. If there was a flaw in the boat, you might be legally able to file a lawsuit for product liability against the company that produced the boat.
In these cases, you need an attorney with experience in boating claims. They can create a strong case that proves the manufacturer is accountable for the accident.
It is also important to note that different kinds of boats are covered differently by insurance policies. For instance, homeowners insurance will typically only cover smaller boats with an engine with less than 50 HP. Homeowner’s insurance will not cover jet skis, larger vessels, or airboats.
4. Contact an attorney
When you are secure and have been examined by an medical professional for injuries, be sure to notify your insurance company. Even if there is no police report, you will have to notify your insurance company. Be careful when you give information to insurance companies since they often try to assign blame for an accident. This could reduce the amount of compensation that you receive. The NYC lawyer for boating accidents at Mirman Markovits & Landau work hard to disprove and limit these claims.
If you are able then it’s a great idea to gather information on the other boat operators or owners involved in the accident. Included in this data are their address, name, and telephone number, as well as any insurance details. It is also helpful to have a copy the accident report that has been filed.
Boat accidents can be terrifying and cause serious injuries. They can be a source of significant medical expenses, lost wages and damages. The responsible party should be held accountable for the harm they have caused you. The at-fault parties and insurance companies are not likely to provide the compensation you deserve willingly It is essential to consult an experienced New York injury attorney as soon as you can. This will help even the playing field and allow you to concentrate on healing.