What Is Boat Accident Litigation?
Each year boating accidents cause a lot of injuries. These accidents are more serious since there is no safety belt in place and the injuries could be more severe.
Similar to a car accident lawsuit there must be proof of negligence to claim compensation. To demonstrate negligence, a lawyer has to establish that someone owed you an obligation and the breach of that duty directly resulting in your injury.
Cause of the Accident
The first step following an accident on a boat is to ensure everyone involved is safe and not in immediate danger. The lawyer will then collect all the information needed including the names and contact information of the people involved in the accident, as well as witnesses.
The next step is to conduct a thorough investigation into the root of the accident. This will include reviewing the evidence to see how the accident occurred as well as any damage or injuries that could have been caused as by the accident.
Many boat accidents are the result of human error. The operator may have been distracted or driving at unsafe speeds, intoxicated boating or simply making poor judgement calls during an unexpected emergency such mistakes could easily cause tragedy.
Other boat accidents occur because of mechanical malfunction or defective components. If the accident was caused by these types of problems, your attorney will investigate to determine if liability for the product is at issue.
Other boat accidents can result in head trauma or drowning because of a collision with another vessel or object. The risk of falling overboard is among the most frequent causes of fatalities involving boats in New York. These accidents can also be caused by collisions between boats and fixed objects, like bridges, piers, or submerged rocks.
Damages
Compensation can help victims and families overcome the financial burdens that result from an accident. A successful claim will be able to cover medical expenses, lost wages due to time off work and other costs.
Like car accidents, those who suffer injuries in a boating accident have to demonstrate that the person accountable for their injuries acted in violation of their duty to care and that the violation was the cause of their injuries. For instance an operator of a boat may violate this duty when operating their vessel under the under the influence of alcohol or speeding on the water.
Following a boating accident, it is important to gather as much data about the accident as possible. It is essential to obtain the names and contact information of anyone who witnessed the accident and can provide a detailed account. This can help in proving the case in court or with the at-fault party's insurance company.
Injured victims may file lawsuits for product liability, in addition to claims against the owner of the
Boat Accident Law firm and operator. A lawyer who has experience in boating accidents could help injured victims determine whether the manufacturer is responsible. In the event that the government is responsible for creating dangerous conditions on the water, it might be possible to file an federal maritime claim against them.
Liability
In a negligence case, the person who is injured must prove that the other party's negligent actions led to their injuries. This means you have to establish that the defendant owed you a duty of care, and that they breached their obligation, and that their breach was the proximate cause of your injury.
Anyone who operates the vessel has a duty to ensure the safety and well-being of their passengers. This includes ensuring that life vests are provided as well as ensuring that the vessel is seaworthy, and not driving it too fast. If a person operating a boat violates this obligation and causes harm to another it is possible to be held liable.
Mechanical failures are also a major cause of boat accidents. A defective engine, electrical systems or gear shifts for instance can result in an accident that kills a boater. Your New York boat accident lawyer will review the circumstances to determine if there is product liability, and hold the manufacturer accountable.
Injured victims can recover the costs of medical treatment in the past and into the future that include ambulance fees or doctor bills as well as hospital treatment costs. They can also claim for nursing services such as medications, nursing and nursing services. Injured patients can also claim lost wages in the event of injuries and not able to return to work. In addition, you may be entitled to claim compensation for any pain and suffering you endured in the aftermath of the accident.
Statute of Limitations
When we speak of
boat accident litigation, it is legal term that covers any watercraft incident that causes serious injuries. Like a car crash claim, seeking compensation involves investigation into what happened and identifying and evaluating all accountable parties, and then formulating the amount of damages due to the victim. If you must start a lawsuit against an insurance company, this process could take from months to years.
Many boat accidents occur because of negligence. Negligence can be defined as any act that is not in accordance with the standard of care an average person would have exercised under an unforeseen circumstance. Negligent acts can cause serious injuries, or even death, whether it's the result of a collision with an object in motion or collision between a boat and another, or drowning.
Typically, victims of boat accidents have two years to file a civil lawsuit. However, depending on the state law and special circumstances the deadline could be extended.
Insurance companies often argue that the injured person is partly responsible for their injuries. Our NYC boat accident lawyers fight hard to disprove and limit the amount that is awarded to you. This will ensure that you receive the highest amount of money possible. If your injury was the result of the negligence of an agency of government the different set of rules will be in place. These cases will typically involve the State of New York, and a skilled attorney can help navigate these unique regulations.