What Is Boat Accident Litigation?
Each year boating accidents cause a lot of injuries. These accidents are more dangerous than car accidents due to the fact that there is no seat belt and the injuries are often more severe.
Similar to a car accident lawsuit it is necessary to prove of negligence to claim compensation. To establish negligence, an attorney must establish that someone has owed you a duty and breached it directly and caused injury.
Cause of the Accident
After a boating incident, the first thing you need to do is to ensure that everyone is safe. Your attorney will then collect all the relevant information, including names and contact details of all those involved in an accident as well witnesses.
The next step is to conduct an extensive investigation into the causes of the accident. This will include taking a look at the evidence to determine how the accident happened, including any injuries or damages that might be caused by the collision.
Human error is the main cause of a lot of boat accidents. These mistakes can cause tragedy, whether the operator was distracted, driving at an unsafe speeds, drunk on the boat or making bad choices during an emergency.
Other boat accidents occur because of mechanical malfunction or defective components. If the problem was caused by these factors, accident, your lawyer will investigate and determine if the responsibility of the manufacturer is in question.
Other boat accidents can result in drowning or head injuries because of collisions with another vessel or an object. This can include falling overboard and causing 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 like bridges, piers and rocks.
Damages
While the sum of money won't bring back loved ones who were injured or killed in an accident on the water Compensation can assist victims and their families overcome financial burdens caused by the incident. A successful claim will cover medical expenses, lost wages due to absence from work, and other expenses.
The same as with car accidents, in order to recover damages from an accident involving a boat victims must prove that the person responsible for their injuries violated their duty of care and that this breach was the main cause of their injuries.
boat accident lawyer operators may breach their duty of care by driving under the influence of alcohol or speeding while on the water.
Following a boating accident it is crucial to collect as much information about the accident as you can. This includes obtaining the names and contact details of anyone who witnessed the accident take place and can provide testimony. This can strengthen an argument in court, or with the at-fault party's insurance provider.
Injured victims can file product liability lawsuits in addition to claims against the boat owner and operator. An attorney who specializes in boating accidents can assist injured victims determine if the manufacturer is accountable. In cases where 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 person who is injured must prove that the other party's negligent actions led to their injuries. You must prove that your defendant was bound by a duty of care, breached this duty, and their negligence was directly responsible for your injury.
Anyone who is the operator of a vessel has a responsibility to ensure the safety and security of their passengers. This includes supplying life vests, ensuring that the vessel is seaworthy, and not speeding it up. If a person operating a boat violates this obligation and causes someone else harm or injury, the party responsible could be held liable.
Mechanical failures are also an important cause of boating accidents. For instance, a faulty engine, electrical system or gear shift could cause a fatal accident. In these instances the New York boat accident attorney will look into the possibility of product liability is involved and hold the manufacturer accountable.
Victims of injury are entitled to reimbursement of the cost of medical treatment in the past and in the future which include ambulance service fees, doctor bills and hospital treatment costs including nursing services, as well as the cost of medications. Injured patients can also claim lost wages, depending on their injuries and if they are unable return to work. Additionally, you could be entitled to compensation for any pain and suffering you endured 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 causes serious injury. Like a car crash claim, seeking compensation requires investigation into what happened, identifying and evaluating all parties responsible, and calculating damages owed to the victim. If you are required to start a lawsuit against an insurance company, the procedure can take anywhere from months to several years.
Negligent behavior is the reason for many boat-related accidents. Negligence can be defined as any act that does not reflect the standard of care that an average person would have exercised under the circumstances. Negligent actions can result in serious injuries, or even death, whether it's a collision with a stationary object or a collision between a boat and another, or even a drowning.
Typically those who suffer from boat accidents have two years to start a civil lawsuit. However, depending on the state laws and the specific circumstances that exist, this deadline may be extended.
A common defense strategy employed by insurance companies is to claim that the plaintiff injured took some responsibility for their own injury. Our NYC
boat accident attorneys fight hard to disprove these claims and reduce the amount of blame assigned to you. This will allow you to receive the maximum financial award possible. If the negligence of a government agency led to your injury the different set of rules will be in place. These cases typically involve the State of New York, and a skilled attorney can assist in navigating these specific rules.