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What Is Boat Accident Litigation?

Each year, boating accidents cause many injuries. These accidents are more serious because there is no safety belt, and the injuries are more severe.

Similar to a car accident lawsuit there must be evidence of negligence to receive compensation. To show negligence, a lawyer must prove that someone had a duty to you and violated it, causing your injury.

Cause of the Accident

The first step following an accident with a boat is to make sure everyone involved is safe and not in immediate danger. Your attorney will then collect all the necessary information including the names and contact information of those involved in an accident as well eyewitnesses.

The next step is to conduct an extensive investigation into the causes of the accident. This includes looking over the evidence to determine how the accident occurred and also any injuries or damages resulting from the crash.

Human error is the root cause of a lot of boat accidents. These mistakes can cause tragedy, whether the operator was distracted, driving at unsafe speed, drunk on the water or simply making poor choices during an emergency.

Other boat accidents are caused by mechanical malfunctions or defective components. If the accident was caused by these kinds of issues, your lawyer will determine if product liability is at issue.

Other boat accidents cause head injuries or drowning from collisions with a vessel or with an object. This could include a fall overboard, which accounts for 70 percent of all deaths from boating reported in New York since 2005. These accidents could also be the result of collisions between boats and fixed objects, such as bridges, piers or submerged rocks.

Damages

Compensation can assist families and victims deal with the financial burdens due to an accident. A successful claim may cover medical expenses, lost wages resulting from absences due to injuries, as well as other costs.

The same as with car accidents, to recover damages from an accident on the water victims must prove that the person responsible for their injuries breached their duty of care, and that this breach was the primary reason behind their injuries. Boat operators may breach their duty of care by driving under the influence or speeding while on the water.

It is essential that victims gather as much information as possible following a boating accident. It is important to get the contact details and names of anyone who witnessed the accident and could provide a detailed account. This will help you strengthen your case in court or when dealing with the insurance company of the party who is at the fault.

Injured victims can file product liability lawsuits in addition to claims against the boat accident lawyer's owner and operator. A lawyer for boating accidents can assist injured victims to determine if the manufacturer is liable. Additionally, in the event that government agencies are responsible for creating a dangerous situation on the water, it may be possible to bring a federal maritime law claim against them.

Liability

In a negligence case the party who suffered the injury must prove that the negligent actions of another party caused their injuries. You must prove that your defendant was bound by a duty of care, but violated this duty, and their negligence was directly responsible for your injury.

Anyone who manages the vessel has a duty to ensure the safety and security of their passengers. This includes supplying life vests and ensuring that the boat is safe and sound, and not driving it too fast. If a boater violates this obligation and causes injury to someone else or injury, the party responsible could be held accountable.

Mechanical failures can also be an important cause of boat accidents. For instance, a faulty engine or electrical system, or a gear shift could cause an accident that is fatal. In these instances your New York boat accident attorney will determine if any product liability exists and hold the manufacturer accountable.

Victims of injury are entitled to recover the cost of medical treatment in the past and in the future which include ambulance service fees as well as doctor's bills, hospital treatment costs, nursing services and cost of medicines. Injured victims are also able to claim lost earnings in the event of injuries and if they are not able to return to work. In addition, you may be entitled to a reimbursement for any suffering and pain you suffered as a result of the accident.

Statute of Limitations

Boat accident litigation is a legal term that refers to any incident involving a watercraft which causes serious injury. In the same way as in a car crash taking into account damages and identifying the parties responsible is a part of the compensation process. The process can take from months to years if it is necessary to make a claim against an insurance company.

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

Typically, victims of boat accidents have two years to file a civil lawsuit. However, based on state laws and the specific circumstances the deadline could be extended.

Insurance companies often use the defense that the injured plaintiff is partly responsible for their injuries. Our NYC boat accident attorneys fight hard to disprove these claims and limit the amount of responsibility attributed to you. This will allow you to receive the highest amount of compensation possible. If your injury resulted from the negligence of a government agency and a different set of rules will be in place. These cases often involve the State of New York. An experienced attorney can assist you navigate these unique provisions.