If you were hurt in a boating accident, you can often sue for injuries. But first, like with any other personal injury case, there may be insurance involved. That means going straight to court might not be necessary. At the end of the day, your lawyer can help you figure out what to do.
Most cases start with an insurance claim, and only once the insurance company shows they are unwilling to pay up do you file a lawsuit. When you do file a lawsuit, boating accidents might need to be filed in maritime court – i.e., in federal court.
For help with your injury case, call the NJ personal injury lawyers at Agrapidis & Maroules, P.C. at (201) 777-1111 today.
What to Do Before Filing Your Case
Boat accident cases start on the day of the accident. There are steps you should take even before you think about calling a lawyer or filing an insurance claim for the accident, and they mostly deal with the first few hours after your accident.
Reporting the Accident
Depending on where you are – close to shore, in the bay, or out in the ocean – who you call to report the accident might be different. You can always call 911 if you are in cell phone range, and they can direct you to the proper authorities. If you are out in the open ocean, you should probably report the accident to the Coast Guard, especially if anyone is in need of rescue or any vessels are on fire.
Most accidents involving injury need to be reported. Reporting an accident makes sure that the authorities will respond and write up a report, and that any medical care you need can be carried out immediately.
Getting Medical Care
Once emergency responders come, you should get medical care. Immediate first aid might be rendered, but if they recommend you go to the hospital, follow their recommendations.
At the hospital, you might need X-rays, CT scans, MRIs, and other scans or tests to diagnose your injuries. You may also need emergency surgeries. Get any care you need to help yourself get better.
This is vital for two reasons: it helps you actually get better, and it creates medical records of your injuries. If you wait to get care, you could make things worse or make it seem like your injuries weren’t that bad. Plus, without medical records, proving your case is harder.
Collecting Evidence
If you can, get evidence of the accident:
- Where it happened
- Who was involved
- What boats or vessels were involved
- Whether any witnesses saw the accident or caught it on video.
Our Jersey City personal injury lawyers can follow up and look for additional evidence, but quick action can help secure important info.
Calling a Lawyer
Do not progress any further without a lawyer. Our attorneys can help you gather additional information you need to build your case, research who the claim should be filed against, and get paperwork started that you’ll need to file in court. We can also advise you as to what to say to the insurance company and what you should look for in a good settlement.
If you progress without a lawyer, the other side will try to take advantage of you and potentially push you into a low settlement.
Do I File in Maritime Court or State Court?
Maritime law covers boating and shipping accidents in navigable waters. This is a type of federal law, meaning that cases are handled in federal court and use the same law all throughout the country and U.S. waters. Many boat accidents can be filed in maritime court, but it is not always necessary.
Our lawyers can assess your case and look into where it is best to file the case, making any recommendations you need to best address the case.
Filing an Insurance Claim
Many boat owners have insurance to cover accidents, especially for commercial boats (tour boats, parasailing, fishing, shipping, etc.). Insurance claims may be able to pay for your injuries, but you should always have a lawyer help you file.
Insurance companies are often unwilling to negotiate and might try to offer low-dollar settlements to shut you down and stop your case quickly. If you accept, your case is over, so never accept money or sign any papers from insurance without having your lawyer review them.
If the offer is too low, we can file a lawsuit or negotiate for a better settlement.
The Lawsuit
If we haven’t been able to settle your case by this point, we will try to take it to court. In court, we need to prove your case with evidence and testimony, and we need to overcome the defense’s motions to dismiss the case. If we can get through the initial stages, we can get discovery, then go to trial.
In discovery, both sides exchange evidence, take depositions, and get all of the details so they can be ready for trial. Cases can often settle after discovery, as both sides now know the full evidence they’d have available at trial and can gauge their chances of success. This often means that, by this point, the insurance company knows they’ll lose.
If they keep fighting anyway, we can argue the case at trial. There, we present evidence and testimony to the jury, and they decide the case.
What Do I Need to Prove to Win a Boating Accident Case in NJ?
Boat accident cases are usually based on one of these kinds of issues:
- Unseaworthiness, meaning the boat is unsafe and should not have been let out into the water where it could injure passengers
- Negligent operation, meaning the operator crashed because of carelessness or violations
- The operator should not have taken the boat out because they should have known the weather was too dangerous.
In any of these cases, the claim boils down to four major elements:
- The defendant owed the victim a duty
- The defendant breached that duty
- The breach was what caused the accident/injuries
- The victim suffered injuries and damages they can get reimbursed for.
We can assess the specifics of your case and the evidence available to determine whether the elements are met and how strong your case might be.
Call Our NJ Lawyers for Boating Accidents and Injuries Today
If you were hurt in a boat accident, call the Cliffside Park, NJ personal injury lawyers at Agrapidis & Maroules, P.C. at (201) 777-1111.