in Making Your Maritime Claim
of evidence for your case
information for your claim
information for your claim
Preservation of evidence for your case
an accident at sea the very first and most important requirement
(from the point of view of making a claim) is usually to
preserve whatever evidence is available regarding the accident.
This usually involves keeping, saving, storing and preserving
whatever evidence it is possible to keep, save, store and preserve
and photographing and/or videotaping all evidence that may for
some reason be perishable or subject to change. It also
involves locating and interviewing witnesses to the accident
and others who may be familiar with the conditions which
gave rise to the accident.
products - such as navigation systems, ropes, outboard motors, etc.-
involved in the accident should be saved - especially if
the show any signs of damage from the accident. Specific
examination and testing is often required. The vessels and equipment
involved in a collision should, of course, be saved for inspection
by experts. The cause of a maritime accident can often
be determined by an expert's inspection of the items
involved. A dangerous condition which gives rise to the
accident should be photographed and/or videotaped as soon
as possible. Otherwise it may change or be changed before
the necessary evidence to pursue the claim can be gathered.
Interviews should be conducted promptly - before memories
fade or subsequent events corrupt the memory's recall. Identifying
and locating witnesses and obtaining accurate recall of
the events surrounding the accident becomes progressively
more difficult with each day that elapses after an accident.
Delay may prove to be very costly. So please don't delay.
Proper preservation and documentation of the evidence related to
your claims may require experienced investigators and even
the involvement of trained scientists and engineers. These
expenses can be fairly steep. They are particularly steep
for a family already dealing with the financial burdens
of an accident.
you retain this office on your case, we will be happy to
assist you in keeping, saving, storing and preserving evidence
and in photographing and/or video-taping and otherwise documenting
facts and circumstances related to your claims. These costs
will typically be advanced by us for your case.
an ocean accident it is important to begin to record all information
relevant to that accident. After an accident at sea, the captains of the vessels involved
generally are required to keep records of names, addresses, phone numbers and insurance information.
If the harbor police or the USCG are called, a lot of additional information
is usually recorded in an incident report. In a slip and
fall accident on board a vessel, the injured person- or his representative-
should file an incident report as soon as possible with
the owner of the vessel where the accident occurred. This
report should indicate the approximate location, the date
and the time of the injury and a very brief statement (one or two
sentences) of what happened. Similar incident reports should also
be generated for cruise ship claims, admiralty claims, maritime accident claims,
and other claims. The existence of an incident report can
be helpful in answering an insurer's first concerns regarding
an accident- did this accident really happen and was my
Medical information for your claim
soon as reasonably possible after an accident, an injured
person should seek qualified medical attention. Although
medical care is pretty expensive, the absence of medical
care - especially for an extended period of time - may be
even more expensive to an injured person. Such delay may
significantly damage the valuation of a personal injury
claim. It creates uncertainty in the insurer's assessment
of the injuries - were they truly a result of this accident?
It may also create doubt in the minds of jurors.
See a qualified doctor for your treatment
and someone that you trust. Be aware that there are some
doctors who bias their opinions in favor of insurance companies.
You will want to avoid having such a doctor as your treating
Employment information for your claim
order to make a lost earnings claim, you will need to have
one or more off-work slips (with specific dates indicated)
and proof of the earnings lost during that period. The earnings
lost can be proven by payroll records, a letter from the
employer or other appropriate documentation. For accidents
in Hawaii, a temporary wage loss claim is sometimes available
during the claims process under
TDI or worker's compensation.
insurance adjusters will want to take a recorded statement
from a claimant before completing evaluation of a claim.
This statement may be used later to attempt to attack a
claimant's credibility. Giving such a statement without
the advice and assistance of an attorney carries significant
risk. Most claimants are well advised to obtain the services
of a competent and experienced personal injury attorney
to protect their legal rights before proceeding with such
short, there are many important steps to be taken to establish a personal
injury case once an accident has occurred which may give
rise to a claim. Evidence must be preserved, photographs and videotapes
must be taken and witnesses must be located and interviewed.
Other basic investigation must be undertaken and information
must be gathered. Within a short period of time, much evidence
(and perhaps evidence crucial to the case) could be lost.
To obtain a satisfactory resolution of the case later, the
proper groundwork must be laid at the earliest possible
Contact us now
for a free evaluation of your case.