What Is Boat Accident Litigation?
A lot of people are injured in boating accidents every year. These accidents are more serious because there is no safety belt and the injuries are more serious.
Similar to a car accident lawsuit it is necessary to prove of negligence in order to get compensation. To demonstrate negligence, a lawyer must prove that someone was owed the duty of care and that breach of this obligation directly causing your injury.
The reason for the accident
After a boating incident, the first step is ensure that everyone is safe. Your attorney will then gather all the relevant information, including names and contact information of the persons involved in the accident, as well as witnesses.
The next step will be to conduct an in-depth investigation into the causes of the accident. This will include looking over the evidence to determine what caused the accident as well as any damage or injuries that could have occurred as by the crash.
Many boat accidents occur because of human mistakes. These mistakes can lead to tragedy, whether the operator was distracted, driving at an unsafe speed, drunken boating, or simply making bad decisions in the face of an emergency.
Other boat accidents are caused by mechanical malfunctions or parts that are not working properly. If these problems caused the accident your lawyer will conduct an investigation and determine if responsibility for the product is at issue.
Other boat accidents may cause head injuries or drowning due to collisions with another vessel or with an object. This could include a fall overboard and causing 70 percent of all deaths reported in New York since 2005. These accidents could also be caused by collisions between boats and fixed objects like bridges, piers and rocks.
Damages
Compensation can help families and victims cope with the financial losses due to an accident. A successful claim will pay for the cost of medical bills as well as lost wages due to the absence of work, as well as other expenses.
Similar to car accidents, to get compensation for damages incurred in an accident involving a boat, victims must show that the person who caused their injuries breached their obligation of care and this breach was the sole reason behind their injuries. Boat operators may violate their duty of care by driving under the influence or speeding while on the water.
It is important that victims collect as much information as they can after a boating accident. This includes gathering the names and contact information for anyone who saw the incident happen and can provide a witness account. This could strengthen a case in court or with the insurance company.
In addition to pursuing claims against the boat's owner or operator, injured victims can also pursue product liability lawsuits against the manufacturers of boats that are defective. A boating accident attorney can help injured victims determine whether the manufacturer is responsible. In the event that the government is responsible for creating an unsafe situation on the water, it might be possible to bring a federal maritime claim against them.
Liability
In a negligence case, the injured party must prove that another's negligent actions led to their injuries. You must prove that the defendant was bound by a duty of care, and breached the duty, and that their breach was directly accountable for your injuries.
Anyone who is operating a boat has a duty to ensure the safety of their passengers. This includes providing life vests, ensuring that the vessel is safe to use, and not speeding it up. If a driver of a boat violates this obligation and causes harm to someone another, they could be held accountable.
Mechanical failures are also the main cause of boating accidents. A malfunctioning engine, electrical system or gear shift, for example can cause a fatal boat accident. In these cases, your New York
boat accident lawyer accident attorney will determine if product liability is involved and hold the manufacturer responsible.
Victims of injuries are legally entitled to recover future and past medical expenses which include ambulance service fees, doctor bills as well as hospital treatment costs as well as nursing services and the cost of medication. Injured victims might be able to also claim lost wages, depending on the severity of their injuries and if they are unable to return to work. You may also be entitled to compensation for the pain and suffering you suffered due to 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 requires investigation into what happened and identifying and evaluating all accountable parties, and then in calculating the amount of damages owed to the victim. If you must file a suit against an insurance company, the process can take from months to years.
Negligent acts are the reason behind many boat-related accidents. Negligence can be defined as any act that fails to meet the standards of care that a reasonable person would have used in a particular circumstance. If it's an accident with another boat or stationary object or drowning fatally reckless actions can cause serious injuries and even death.
In general, victims of boating accidents have up to two years in which to file a civil lawsuit. Depending on the laws of the state and any other special circumstances, this deadline can be extended.
Insurance companies often argue that the injured person is partially responsible for their injuries. Our NYC
boat accident lawyers work hard to disprove these allegations and limit the amount of responsibility attributed to you. This will help you receive the highest amount of compensation possible. If your injury resulted from the negligence of a government agency the different set of rules will be in place. These cases typically involve the State of New York, and a skilled attorney can help navigate these unique provisions.