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July 3, 2024
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How to File a Boat Accident Claim
Boating can be fun and thrilling, but it can quickly become dangerous if not careful. Like cars, boats need to adhere to strict safety rules to avoid injuries.
If you've suffered injuries in a boating accident, you could be eligible for compensation for medical expenses and property damage. Contact a New York boat accident lawyer to increase your chances of winning.
1. Gather Evidence
If someone is involved in an accident on the water the first step is to collect evidence and contact an attorney. It is also important to seek medical assistance immediately for any injuries. Medical records and other evidence is needed to support an action for damages including future and current medical expenses as well as loss of income or earning potential, property damage, and non-economic damages like pain and suffering.
Video and photographs are useful in preserving evidence from the scene of an accident. Eyewitness testimony can be a valuable piece of evidence since it gives details regarding the collision that otherwise would be ignored. Police and incident reports can also be used to establish a chronology of what transpired in the case.
A knowledgeable lawyer will review the evidence and determine which parties could be responsible for victim's injuries and other losses. A successful negligence case for an accident involving a boat usually involves multiple parties liable, including the boat's owner and the manufacturer or owner of the watercraft.
A reputable lawyer can manage all communication with insurance companies that are involved in a victim's claim for compensation. An attorney can prevent victims from saying anything that could be used against them in court, and they can also assist victims get fair settlements for their losses.
2. Report a crime
The first step following a boating accident is to ensure everyone is safe. Then, you should contact the police in your area and file a report. Depending on state laws and regulations, you could have 48 hours to file reports if the accident resulted in injury or death which requires medical treatment above basic first aid. You could also be granted 10 days to file a claim if you're unable to find the boat or if the incident causes more than $2,000 worth of damage.
You should also remain at the site of the accident and assist other boats or individuals when you can, without putting at risk your safety or that of the victims. This will enable the police officer to note important details like how the collision occurred and who was aboard at the time of the crash, and what caused it.
Even well-trained and experienced boaters can be involved in accidents on the water due to someone else's negligence. A knowledgeable lawyer can help you identify the negligent party who caused the damage and seek compensation. Damage to property, medical expenses and financial losses are all recoverable damages. In addition, a lawsuit against the responsible person could result in monetary reimbursement for your pain and suffering, as well as loss of quality of life, and other emotional distresses associated with the crash.
3. Check for damage
After medical experts have examined everyone's injuries, and they are all in a safe area It is essential that you take a close look at the damage done to the boat Accident law firms. This is when you begin looking at your insurance policy and what it will cover.
A surveyor will be assigned to your claim and will be sent out to assess any damage caused by the accident. He or she will compare the damage to what was originally reported by you and will then start figuring out how much the damages might be worth.
It is impossible to control every single factor that can lead to a boating accident. If there was a flaw in the boat, you could be eligible to file a claim for product liability against the company who made the boat.
In these instances, you need an attorney who has experience in boating claims. They can put together an argument that can prove the manufacturer was responsible for the accident.
It is important to remember that different types are covered by insurance policies in different ways. For instance, homeowner's insurance, which covers home owners typically only covers small boats with engines less than 50 HP. Homeowner's insurance does not cover jet skis, larger vessels or airboats.
4. Contact an attorney
Inform your insurance company whenever you feel secure and have seen a doctor in case of any injuries. Even if there's no police report, you will still need to notify your insurance company. It is crucial to be careful with your information as the insurance companies frequently try and assign blame for the incident. This could limit the amount of compensation paid. The NYC boating accident attorneys at Mirman, Markovits & Landau will be determined to prove these claims and limit the amount of blame given to you.
If you are able, it is a good idea to get information from the other boat accident lawyers owners or operators involved in the accident. This includes their name, address telephone number, and insurance information. It is also helpful to have a copy the boating accident report which is filed.
Boat accidents can be frightening and cause serious injury. They can be a source of significant medical expenses, lost wages, and even damages. The parties responsible for the injury must be accountable for any harm they may have caused. You won't receive the compensation you deserve if don't seek out an experienced New York injury lawyer as quickly as is possible. This will help to level the playing field and allow you to focus on getting well.
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