How to Sue for Boat Accident Injuries in Miami
After being involved in a boat accident, you may need time to recover from your injuries and get your life together. However, you should consider talking to a Miami boat accident attorney as soon as you can after your accident to discuss filing a lawsuit. The money you receive in a personal injury lawsuit can help pay for medical expenses and cover your lost wages while you get back on your feet. Especially for severe injuries, you should act quickly and get your case filed as soon as you can. Miami boating and marine accident lawyer Prosper Shaked discusses how to sue for a boat accident or jet ski accident in Miami and how to ensure you have a strong case. If you need help with your boat accident injury lawsuit, contact The Law Offices of Prosper Shaked today for a free consultation.
How to File a Boat Accident Case in Miami
If you are a frequent boater, were on a boat as part of your job, or were injured on a cruise ship, there may be insurance that can cover the injuries you faced. In some cases, these injuries are severe, and insurance may refuse to cover injuries or refuse to cover the full amount. Instead, filing a lawsuit may be your best option to recover compensation.
Most of the process of filing a lawsuit, serving the defendant with process, and creating the proper court documents is something your attorney will do for you. Having an attorney with the experience and training necessary to promptly file the correct paperwork is one of the important benefits of hiring an attorney to help with your case. Still, it is important to understand the process and understand how long the case will take.
Your attorney’s initial filing is called a “complaint,” and it lays out the entire claim. This document discusses your version of the facts and how those facts mean the defendant is at fault for the crash. This document also details what damages you are claiming, and their values.
After the initial filing, the defendant needs to be served with paperwork notifying them of the trial. This is often done within the first week that the case is filed. After that, the defendant gets time to respond to the complaint and file any potential counter-claims that argue you were actually at fault. Your attorney gets a chance to respond to the response, and lawyers may take turns filing briefs and responses before the case moves forward.
If the case moves forward, you will have a chance to demand the other side turn over relevant evidence. This process is known as “discovery,” and often takes at least a few months. The attorneys will request information, examine records, issue questionnaires, and take depositions. During a deposition, the person being deposed will answer questions as if they were testifying in court. These statements could be used to build the case and establish how the case will proceed at trial.
After discovery, the case will be scheduled for trial. The trial itself often takes around a week for complex cases and only a few days for cases with simpler facts. After the trial is finished, the jury will deliberate and declare their verdict. If you win, your damages should be paid promptly, or else your attorney can go back to court and demand payment if the delay goes on for too long.
Should I Accept a Settlement for My Boat Accident Injuries?
Many injury cases are “settled” rather than taken all the way through trial. The client has the right to accept or deny a settlement, but it is important to work with your attorney and discuss any settlement before making your decision. It is difficult to know how much your case is worth if you do not typically deal with boat accident injury cases. Especially for serious injuries like traumatic brain injury or spinal cord injury, you may need every cent of the damages you claimed. Settling too early or without consulting a lawyer may mean you get far less than you could be entitled to at trial.
The damages paid in a settlement may be lower than what you can receive in court. The defendant or their insurance company will often try to reduce the damages they will pay. Insurance companies often pay only the damages for medical expenses and lost wages, denying any claims for pain and suffering. Private companies or individuals may try to save as much money as they can by offering low settlements. Taking your case to court can end in a judgment that fully covers your needs.
Cases can be settled at any point during the trial process. Talk to your attorney as you go if you receive additional offers to settle.
Our Miami Boat Accident Lawyer Offers Free Consultations
If you or a family member was injured in a boating accident, talk to an attorney today. Miami personal injury attorney Prosper Shaked represents the victims of boat accident injuries and fights to help them recover the compensation they need to keep going after a serious marine accident. To schedule a free consultation, call The Law Offices of Prosper Shaked today at (305) 690-0244.