What Is Boat Accident Litigation?

A lot of people are injured in boating accidents each year. These accidents are more dangerous than car accidents because there is no seat belt in place and the injuries are generally more severe.

As in a car crash lawsuit, there must be proof of negligence to claim compensation. To show negligence, a lawyer has to establish that someone else owed you an obligation and that their breach of this duty directly resulting in your injury.

The cause of the accident

Following a boating accident the first thing to do is ensure that everyone involved is secure. Your attorney will then gather all the information needed, including names and contact information of those involved in an accident, as well as witnesses.

The next step is to conduct an extensive review of the circumstances that led to the accident. This will involve taking a look at the evidence to see how the accident occurred and also any damage or injuries that could have occurred as caused by the crash.

Many boat accidents happen because of human mistakes. These mistakes can lead to disaster, whether the person was distracted, driving at an unsafe speed, drunken boating or simply making poor decisions during an unexpected emergency.

Other boat accidents are caused by mechanical failures or parts that are not working properly. If these issues caused the accident the lawyer will investigate and determine if the liability of the manufacturer is in question.

Some boat accidents result in head trauma or drowning because of a collision with another vessel or other object. This can include falling overboard and causing 70 percent of all deaths from boating reported in New York since 2005. These accidents also happen when a boat hits fixed objects such as bridges and piers, or submerged rocks.

Damages

While no amount of money can bring families back loved ones who have been injured or killed in a boating accident, compensation can help victims and their families cope with financial losses caused by the incident. A successful claim can cover medical costs and lost wages resulting from absence from work, and other expenses.

The same as with car accidents, to be able to claim damages from a boating accident, victims must show that the person responsible for the injuries was in breach of their duty of care and that this breach was the primary reason for their injuries. For example the boat owner could breach their duty of care by operating their vessel while under the impaired by alcohol or speeding on the water.

After a boating incident It is crucial to gather as much information about the incident as you can. It is essential to obtain the names and contact numbers of anyone who was present at the accident and could give a full account. This could strengthen a case in court or with the insurance company.

Victims of injuries are able to file product liability lawsuits as well as claims against the boat accident lawyer's owner and operator. An attorney who is specialized in boating accidents can help injured victims determine whether the manufacturer is responsible. In cases where government agencies are responsible for creating an unsafe situation on water, it might be possible to pursue a federal maritime law claim against them.

Liability

In a negligence claim the party who suffered the injury must prove that the negligent actions of another party led to their injuries. This means that you must demonstrate that the defendant owed you the duty of care, and that they violated that duty, and that their breach was the main reason for your injury.

Anyone who owns a boat has a duty to ensure the safety of its passengers. This includes providing life jackets, making sure the vessel is safe and not operating it at excessive speed. If a boater violates this obligation and causes harm to another person, that party can be held responsible.

Mechanical failures can be the main cause of boating accidents. For example, a defective engine, electrical system or gear shift could result in a fatal accident. In these cases, your New York boat accident lawyer accident attorney will investigate to determine if there is a product liability issue and hold the manufacturer accountable.

The injured victim is legally entitled to recover past and future medical expenses which include ambulance service fees and doctor bills as well as hospital treatment costs as well as nursing services and the cost of prescription drugs. Victims of injuries are also entitled to claim lost wages, depending on their injuries and if they are unable return to work. Additionally, you could be entitled to compensation for any suffering and pain you suffered as a result of the accident.

Statute of Limitations

Boat accident litigation is a legal term used to describe any incident involving a watercraft that results in serious injuries. Like a car accident claim, seeking compensation entails investigation into what happened, identifying and evaluating all liable parties, and in calculating the amount of damages owed to the victim. This process can take months to years if necessary to make a claim against an insurance company.

Many boat accidents are the result of negligence. Negligence is any action that fails to reflect the standard of care that reasonable people would have exercised in a specific situation. Negligent acts can cause serious injuries, or even death whether it's a collision with a stationary object, an accident between a vessel and another, or a drowning.

Typically the victims of boat accidents have two years to make a civil suit. However, depending on state laws and the specific circumstances that exist, this deadline may be extended.

Insurance companies frequently use the argument that the injured plaintiff is partly responsible for their injuries. Our NYC boat accident attorneys fight hard to debunk these claims and reduce the amount of responsibility attributed to you. This will ensure that you receive the most amount of compensation. If the negligence of a government agency caused your injury, a different set of rules will apply. These cases typically involve the State of New York. An experienced attorney can help you navigate these unique provisions.