How to File a Boat Accident Claim
Boating can be enjoyable and exciting, but it can quickly become deadly if not careful. Just like cars, boats must follow strict safety rules to prevent injuries.
If you've suffered injury in an accident while on the boat, you may be eligible to receive 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
The most important thing you can do following an accident on a boat is to collect evidence and then contact an attorney. It is also crucial to seek medical treatment immediately in the event of any injuries that could have occurred. Medical records and other evidence is needed to support an action for damages like future and current medical costs in addition to loss of income earning potential, property damage, and other non-economic damages such as suffering and pain.
Videos and photos can help preserve physical evidence from the scene of a boating incident. Eyewitness testimony is an additional important piece of evidence, as it can provide valuable details about the causes of a collision that might otherwise be missed. Police and incident reports can also be used to establish a time line of what happened in the particular case.
A lawyer who is knowledgeable can review the evidence to identify the parties that could be accountable for the victim's injuries or losses. A successful negligence claim for a boating accident usually involves multiple liable parties including the boat operator and the owner or manufacturer of the watercraft.
A reputable lawyer can manage all communications with insurance companies who are involved in a claim of a victim for compensation. A lawyer can help victims not say anything that could be used against them in a court of law, and can help victims obtain fair settlements for damages.
2. Report a problem
When a boating accident occurs the first thing you need to do is ensure that everyone is safe. Then, you should call local law enforcement and fill out a report about the incident. Based on the state's laws and regulations, you may have up to 48 hours in which to file an official report if the incident results in death or injury which requires medical treatment above basic first aid. You could also be granted 10 days to file a claim if you're incapable of finding the boat or if the accident causes more than $2,000 worth of damage.
You should also remain at the site of the accident to help other boats or individuals if possible, without putting your safety or that of the victims. This will help the law enforcement officer note important information, such as how the accident occurred and who was on the boat at the time of crash and the cause of the crash.
Even well-trained and experienced boaters may be involved in accidents on the water because of negligence of another. A knowledgeable attorney can determine the negligent party accountable for your damages, and help you seek compensation. Property damage, medical expenses and financial losses are all recoverable damages. A lawsuit against the responsible party could also result in monetary compensation for your pain and discomfort as well as loss of quality of life, as well as emotional distress due to the accident.
3. Inspect the Damages
After medical professionals have assessed everyone's injuries, and they are all in a safe location It is imperative to take a closer examine the damage to the
boat accident attorney. This is when you begin considering your insurance policy and what it will cover.
A surveyor will be assigned your claim and will visit to inspect any damage caused by the accident. The surveyor will then compare the information you initially provided to the damage, and then begin to calculate the value of the damage.
Most boat accidents are the result of a mix of causes which means it's impossible to control all of them. However, if there was a manufacturer defect in the vessel it might be possible to pursue a product liability claim against the company who manufactured the boat.
In these instances it is crucial to have a lawyer who has experience handling boating claims since they can construct an airtight case to prove that the manufacturer was accountable for the accident.
It is important to keep in mind that different types are covered by insurance policies in different ways. Homeowners insurance, for example generally only 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
Notify your insurance company when you feel secure and have visited a doctor for any injuries. Even if you don't have a police report, you will still have to inform your insurance company. It is crucial to be aware of your information as the insurance companies frequently attempt to assign blame for the incident. This could limit the amount of compensation granted. The NYC lawyers for boating accidents at Mirman, Markovits & Landau will work hard to disprove these claims and reduce the amount of fault given to you.
If you're able to you, it's a good idea to collect information about the other boat operators or owners involved in the crash. This includes their name, address along with their phone number and insurance information. It is also beneficial to keep a copy of the accident report that has been filed.
Boat accidents can be frightening and cause serious injuries. They can be a source of substantial medical expenses, lost wages, and damage. The responsible party must be held accountable for the harm they caused you. You won't be able to receive the compensation you deserve if don't seek out an experienced New York injury lawyer as soon as possible. This will help to level the playing field and allow you to concentrate on getting well.