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How to File a Boat Accident Claim
Boating can be exciting and fun, but If you're not careful, it could turn dangerous. Boats must also follow strict safety guidelines to avoid injuries.
If you've suffered injuries 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 winning you should speak with a reputable New York boat accident attorney.
1. Gather Evidence
The most important thing you can do following a boating accident is to collect evidence and then contact a lawyer. It is also essential to seek medical attention right away in the event of any injuries that could have occurred. Medical records and other proof are needed to prove the claim for damages like future and current medical expenses and loss of income or earning potential, property damage and non-economic damages like pain and suffering.
Photos and video footage are useful in preserving physical evidence at the scene of an accident. Eyewitness testimony can be a valuable piece of evidence as it gives details regarding the collision that otherwise would remain unnoticed. You can also use police and incident reports to establish a timeline.
A lawyer who is knowledgeable is able to review the evidence and determine who is responsible for the victim's injury or losses. A lawsuit for negligence arising from a boating accident usually involves multiple parties, including the boat's operator and the manufacturer or owner of the watercraft.
A reputable lawyer is able to handle all communication with insurance companies that will be involved in a claim of a victim for compensation. A lawyer can help victims not to say anything that could be used against them in a court of law, and can assist victims in obtaining fair settlement offers for damages.
2. Make a Report
The first thing to do after a boating incident is to ensure that everyone is safe. You should then call the local police and file a formal report. In accordance with the state laws and regulations, you might only have 48 hours to file an account in the event of serious injury or death that requires medical treatment beyond basic first aid. You could also have 10 days to file a report when the accident causes more than $2,000 of damage or the boat accident lawyers is lost.
It is also recommended that you remain at the scene of the accident to assist other boats or individuals if possible without endangering your own safety or that of the victims. This will allow the law enforcement officer to note crucial details, including how the accident occurred, who was aboard at the time of crash and the reason for the crash.
Even experienced and well-trained boaters could be involved in an accident on the water due to negligence of another. An experienced attorney can assist you in identifying the negligent party responsible for the damage and seek compensation. Damages that can be recovered typically include medical expenses, property damage, and financial losses. Moreover, filing a lawsuit against the responsible party could result in monetary compensation for your pain, suffering, loss of quality of life and other emotional distresses associated with the crash.
3. Check for damage
After medical experts have examined the injuries of everyone, and they are all in a safe place It is imperative to take a careful examine the damage to the boat. Now is the time to start thinking about your insurance policy.
A surveyor will be assigned to your claim and will be sent out to look at the damage caused by the accident. The surveyor will evaluate what you originally reported to the damage and begin to calculate the value of the damages.
It is impossible to control every aspect that causes a boat accident. If there was a defect by the manufacturer in the vessel itself it could be possible to bring a claim of product liability against the company that produced the boat accident law Firm.
In these situations it is vital to have a lawyer who has experience handling boating claims since they can construct an air-tight case that proves that the manufacturer is responsible for the accident.
It is important to remember that different types of boats are protected differently by insurance policies. For instance, homeowner's insurance, which covers home owners generally only covers small boats that have engines less than 50 HP. Homeowner's insurance will not cover jet skis, larger vessels or airboats.
4. Contact an Attorney
As soon as you are secure and have been examined by an medical professional for injuries, you must inform your insurance company. Even if you don't have a police report, you will have to notify your insurance company. Be cautious when supplying information 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 paid. The NYC lawyer for boating accidents at Mirman, Markovits & Landau will work hard to disprove these claims and limit the amount of blame assigned to you.
If you are able to, it's a good idea to gather information about the other boat operators or owners who were involved in the crash. This includes their address, name 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 a nightmare and can cause serious injuries. They can result in significant medical expenses, lost wages and other damages. The responsible parties must be held accountable for any harm that they cause. The at-fault parties as well as insurance companies will not offer you the compensation you deserve It is essential to consult a seasoned New York injury attorney as early as you can. This allows you to concentrate on improving your situation and level the playing fields.