What Is Boat Accident Litigation?
Each year boating accidents result in a variety of injuries. These accidents are more dangerous than car accidents because there is no seat belt in place and the injuries are generally more severe.
Like in a car accident lawsuit, there must be proof of negligence to claim compensation. To show negligence, a lawyer must prove that a person had a duty to you and acted in breach of it directly causing your injury.
The reason for the accident
The first step after an accident with a boat is to make sure everyone involved is safe and free from immediate danger. Your attorney will then collect all the relevant information including the names and contact details of the persons involved in the accident, as well as witnesses.
The next step is to conduct an in-depth investigation into the accident's cause. This involves looking over the evidence to determine how the accident happened as well as any injuries or damages that might result as a result of the accident.
Many
boat accidents happen as a result of human error. These mistakes can cause tragedy, regardless of whether the boat operator was distracted, driving at an unsafe speeds, drunk on the boat or simply making poor decisions in the face of an emergency.
Other boat accidents result of mechanical malfunction or defective parts. If the accident was caused by these kinds of problems, your attorney will investigate to determine if product liability is involved.
Another type of boat accident can result in drowning or head trauma as a result of a collision another vessel or other object. This can result in a person falling overboard which accounts for 70 percent of all boating deaths reported in New York since 2005. These accidents also happen when a vessel collides with fixed objects, such as bridges or piers, as well as submerged rocks.
Damages
While there is no way to bring those who love ones were injured or killed in a boating accident Compensation can assist victims and their families deal with financial losses incurred by the accident. A successful claim will be able to cover medical expenses, lost wages due to working hours taken off and other expenses.
As with car accidents, victims injured in a boating accident must be able to prove that the person who is responsible for their injuries did not fulfill their duty of care and that this violation caused their injuries. Boat operators may violate their duty of care by driving under the influence or speeding on the water.
It is essential that victims collect the most information they can following a boating accident. It is vital to collect the names and contact numbers of anyone who witnessed the accident and could give a full account. This will help to strengthen your case in court or when dealing with the insurance company of the party who is at the fault.
Victims injured may file lawsuits for product liability as well as claims against the owner of the boat and operator. A lawyer for boating accidents can help injured victims determine if the manufacturer is liable. In cases where government agencies are responsible for causing an unsafe situation on water, it could be possible to bring an federal maritime law claim against them.
Liability
In a negligence claim the party who suffered the injury must establish that the negligent acts of another party led to their injuries. You must prove that the defendant owed you an obligation of care, and breached this duty, and that their negligence was directly responsible for your injury.
Anyone who owns a boat has a duty to ensure the safety of his or her passengers. This includes providing life jackets, making sure that the vessel is in good condition and not operating it at excessive speed. If a boater fails to fulfill this duty and causes harm to another person it is possible to be held accountable.
Mechanical failures are also a leading cause of boating accidents. A malfunctioning engine, electrical systems or gear shifts for instance can cause a fatal boat crash. Your New York boat accident lawyer will investigate the circumstances to determine if there is product liability involved and hold the manufacturer accountable.
Victims of injuries can claim compensation for past and future medical costs that include ambulance fees as well as doctor bills and hospital treatment costs. They may also be able to claim nursing services including medications, nursing services and other medical services. Injured patients are also entitled to claim lost wages according to their injuries and if they are unable return to work. In addition, you may be entitled to a reimbursement for any pain and suffering that you endured as a result of the accident.
Statute of Limitations
When we talk about legal action involving a boat accident, it is legal and covers any incident involving watercraft that causes serious injuries. Like a car accident claim, seeking compensation requires investigation into what happened as well as identifying and evaluating the parties responsible, and making a calculation of the damages due to the victim. This process could take anywhere from months to years if it's necessary to bring a lawsuit against an insurance company.
Negligent behavior is the reason for many boat-related accidents. Negligence can be defined as any act that is not in accordance with the standard of care that reasonable people would have exercised in a given circumstance. Negligent actions can result in serious injuries, or even death, whether it's a collision with the stationary object or a collision between a boat and another, or drowning.
In general those who suffer from boating accidents have up to two years in the time to file a civil lawsuit. Depending on the laws of the state and any other special circumstances, this time frame can be extended.
Insurance companies frequently use the argument that the injured person is a part of the blame for their injuries. Our NYC
boat accident attorneys fight hard to debunk these claims and reduce the amount of fault assigned to you. This will help you receive the most money you can get. If your injury was caused by the negligence of an agency of government or a government agency, a different set of rules will apply. These cases often involve the State of New York. An experienced attorney can assist you navigate these special rules.