Boating accident cases can be far more complicated than standard personal injury claims, such as auto accident cases. These cases are often complex because, depending upon the nature and cause of the boating accident, federal admiralty and maritime rules may apply in addition to state rules. When federal maritime and admiralty rules are implicated in a case, a specific legal doctrine stipulates that states must apply these substantive rules to decide your claim.
Cases arising under maritime or admiralty law can be complicated from start to finish, as you determine which laws apply to the boating accident and whether the claim should be brought in federal and state court. You must make this decision within the statute of limitations, which is a three-year period of time for personal injury actions and wrongful death claims that are governed under maritime rules. Failure to bring your case within this time period can result in your case being barred, regardless of your state law statute of limitations for normal personal injury actions.
You will also need to make a convincing claim that the other party should be held responsible. Otherwise, you’ll need to negotiate a settlement for your maritime injury with the party who caused your accident. To do this, it is important to have a detailed understanding of the types of damages that you are entitled to under the law. You will need to know whether you have a strong case with lots of good evidence, or a weak case that might be difficult to prove in court. Without extensive knowledge of maritime rules and regulations, it will be impossible for you to make a settlement decision or build your claim and collect your damages.
An experienced attorney who specializes in maritime law can help you to navigate the complex issues that arise in boating accident cases governed by maritime or admiralty law. Your attorney will help you to decide where to bring your case and will help you to understand what evidence you need in order to make a strong claim under the law. An attorney who specializes in maritime rules will also be able to determine what a fair settlement might be and can negotiate that settlement for you in order to help you avoid the time and stress of a trial.