In order to prevail under maritime law you need to prove negligence. This involves convincing a judge and/or jury that the defendant failed to take action that should have been taken, or by proving that the defendant did not apply proper safety measures. A person is considered liable for all damages caused by their negligence for not doing what a “reasonable” person would have done under similar conditions.
That being said, you should first contact the wrong-doer to see if they will settle the damages you incurred.
Failure to settle, you need to build your case to prove negligence before you file a complaint.