What Is
boat accident law firm Accident Litigation?
Many people are injured in boating accidents each year. These accidents are more serious than car crashes because there is no seat belt in place and the injuries are generally more severe.
As in a car crash lawsuit there must be proof of negligence to receive compensation. To prove negligence, an attorney must establish that an individual has owed you a duty and acted in breach of it directly and caused injury.
The cause of the accident
The first step after an accident on the water is to ensure that everyone involved is safe and not in immediate danger. After this is done the attorney will collect important information including names and contact details for the people involved in the incident as well as eyewitnesses.
The next step is to conduct a thorough review of the circumstances that led to the accident. This will involve examining the evidence to determine how the accident occurred, as well as any damage or injuries caused by the accident.
Many boat accidents happen as a result of human mistakes. These mistakes can cause disaster, whether the person was distracted, driving at an unsafe speed, drunken boating or making bad decisions in the face of an emergency.
Other boat accidents are the result of mechanical malfunction or defective components. If the accident was caused by these types of issues, your attorney will investigate to determine if liability for product defects is at issue.
Still other
boat accidents result in head trauma or drowning due to a collision with another vessel or object. Falling overboard is one of the most frequent causes of boating fatalities in New York. These accidents can also occur when a boat collides with fixed objects such as piers or bridges, or submerged rocks.
Damages
Compensation can assist families and victims cope with the financial losses due to an accident. A successful claim will cover medical costs and lost wages due working hours taken off and other expenses.
Similar to car accidents, those injured in a boating incident must prove that the person responsible for their injuries has violated their duty to care, and that the breach was the cause of their injuries. For example the boat owner could breach this duty when operating their vessel under the drunk or speeding on the water.
After a boating incident, it is important to gather as much data about the accident as possible. It is vital to collect the names and contact details of all witnesses to the accident and could provide a detailed account. This could strengthen an argument in court, or with the at-fault party's insurance provider.
Victims injured may file lawsuits for product liability in addition to claims against the owner of the boat and operator. A lawyer who has experience in boating accidents could assist injured victims in determining whether the manufacturer is responsible. If the government is responsible for creating danger on the water, it might be possible to bring a federal maritime claim against them.
Liability
In a negligence case, an injured person must prove that another party's negligent actions caused their injuries. You must prove that the defendant was bound by a duty of care, but violated that duty, and their negligence was directly responsible for your injury.
Anyone who is operating a boat has a responsibility to ensure the safety of their passengers. This includes supplying life jackets, making sure the vessel is safe and not driving it at excessive speeds. If a driver of a boat violates this duty and causes harm to another, they could be held accountable.
Mechanical failures are also the main cause of boat-related accidents. A malfunctioning engine, electrical system or gear shifts for instance can result in a fatal boat accident. In these cases your New York boat accident attorney will determine if any product liability exists and hold the manufacturer responsible.
Injured patients can recover past and future medical costs, including ambulance fees, doctor bills and hospital treatment costs. They can also claim nursing services as well as nursing and medication services. Victims of injuries may be able to claim lost wages as well dependent on the severity of their injuries as well as whether they are incapable of returning to work. Additionally, you could be entitled to compensation for any pain and suffering that you endured as a result of the accident.
Statute of limitations
When we refer to lawsuits arising from boat accidents it is legal term that refers to any watercraft accident that results in serious injuries. Similar to a car accident claim, seeking compensation requires looking into the incident as well as identifying and evaluating the liable parties, and formulating the amount of damages due to the victim. This process can take months to years if it is necessary to make a claim against an insurance company.
Many boat accidents happen because of negligence. Negligence is defined as an act that is not in accordance with the standard care that an average person would have exercised under a given circumstance. In the event of negligence, it can lead to serious injuries, or even death whether it's collision with an object that is stationary, a collision between a boat and another, or a drowning.
Typically victims of
boat accidents have two years to make a civil suit. Depending on the laws of the state and any other circumstances, this deadline can be extended.
A common defense tactic used by insurance companies is to assert that the injured plaintiff took some responsibility for their own injury. Our NYC lawyers for boat accidents work hard to disprove these allegations and limit the amount of responsibility attributed to you. This will allow you to get the highest amount of compensation possible. If your injury resulted from the negligence of an agency of government or a government agency, a different set of rules will be in place. These cases typically involve the State of New York. An experienced attorney can assist you navigate these specific rules.