What Is Boat Accident Litigation?

Each year boating accidents result in a variety of injuries. These incidents are more severe because there is no safety belt, and the injuries can be more serious.

In order to receive compensation you must prove that you were negligent. To prove negligence, an attorney must establish that an individual has owed you a duty and then breached it in direct way and caused injury.

The cause of the accident

The first step following a boat accident involves ensuring everyone involved is secure and safe from immediate danger. Your lawyer will then gather all the relevant information, including names and contact details of those involved in an accident as well witnesses.

The next step is to conduct an extensive review of the circumstances that led to the accident. This will include looking over the evidence to determine what caused the accident and any damage or injuries that could result as an outcome of the collision.

Many boat accidents happen as a result of human mistakes. It doesn't matter if the person was distracted or driving at unsafe speeds or drunk while boating, or making a poor decision in an emergency situation such mistakes could easily cause tragedy.

Other boat accidents occur because of mechanical problems or defective parts. If these problems caused the accident your lawyer will investigate and determine if the responsibility of the manufacturer is at issue.

Still other 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 boating deaths reported in New York since 2005. These accidents could also result from collisions between boats and fixed objects like bridges, piers and rocks.

Damages

While the sum of money won't bring those who love ones were injured or killed in boating accidents and compensation may aid victims and their families cope with financial losses caused by the accident. A successful claim can cover medical costs, lost wages from time off work due to injuries, and other expenses.

The same as with car accidents, to get compensation for damages incurred in a boating accident victims must prove that the person responsible for their injuries was negligent in their duty of care and this breach was the sole reason behind their injuries. Boat operators may breach their duty of care by driving under the influence of alcohol or speeding while on the water.

It is crucial that victims gather as much information as possible after a boating incident. This includes obtaining the names and contact information for anyone who saw the incident happen and can provide a witness account. This can help in proving an argument in court or with the insurance company.

In addition to seeking claims against the boat owner or operator, injured victims can also file a product liability lawsuit against the makers of boats that are defective. A lawyer who has experience in boating accidents could assist injured victims in determining whether the manufacturer is responsible. In addition, if government agencies are responsible for causing an unsafe situation on the water, it may be possible to pursue an federal maritime law claim against them.

Liability

In a case of negligence the party who suffered the injury must prove that the negligent actions of another party led to their injuries. This means that you must establish that the defendant was liable to you under an obligation of care, that they violated that duty, and that their breach was the proximate reason for your injury.

Anyone who operates a vessel is responsible for the safety of its passengers. This includes providing life jackets and making sure that the vessel is in good condition and not operating it at excessive speed. If a driver of a boat violates the rules and hurts someone other person, they may be held responsible.

Mechanical failures are also one of the most common causes of boating accidents. A malfunctioning engine, electrical systems or gear shifts for instance can result in a fatal boat accident. In these instances the New York boat accident attorney will investigate to determine if product liability is involved and hold the manufacturer responsible.

Victims of injuries can claim compensation for past and future medical expenses, including ambulance fees or doctor bills as well as hospital treatment costs. They can also be able to claim nursing services including medications, nursing services and other medical services. Injured patients can also claim lost wages in the event of injuries and if they are unable return to work. Additionally, you could be entitled to compensation for any suffering and pain you endured in the aftermath of the accident.

Statute of Limitations

When we refer to boat accident litigation, it is a legal term that encompasses any watercraft incident that results in serious injuries. Similar to a car accident, calculating damages and identifying the parties responsible is a part of the compensation process. This process can take months to years if it is necessary to start a lawsuit against an insurance company.

Many boat accidents happen because of the negligence of others. Negligence is any act that does not reflect the standard of care that a reasonable person would have exercised in a particular situation. It could be a collision with another boat accident lawyers, a stationary object or drowning fatally reckless actions can cause grave injuries or even death.

Typically those who suffer from boat accidents have two years to make a civil suit. However, based on state laws and the specific circumstances, this deadline may be extended.

Insurance companies often argue that the plaintiff injured is a part of the blame for their injuries. Our NYC boat accident attorneys fight hard to debunk this claim and limit the amount of blame assigned to you. This will ensure that you receive the most amount of compensation. If your injury resulted from the negligence of a government agency, then a different set rules will apply. These cases will often involve the State of New York, and a skilled attorney can assist in navigating these unique rules.