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The Importance of Having a Boat Accident Legal Team on Your Side
New York waterways are a popular place for commercial and recreational boating. When boats are operated negligently serious injuries can occur.
Like motor accidents in vehicles, those who suffer injuries may seek compensation in the form of money from the responsible parties. This guide to boat accident law will help you determine when it is appropriate to file a compensation claim.
Damages
A boating accident could result in a massive financial impact on the victim. A boating incident can have a major financial impact on the victim. It could result in costly medical treatment, loss of employment or future earning potential, physical pain and emotional stress. A boat accident attorney can give an estimate of the value of your losses, and help you get an amount that is fair.
The law permits the payment of both economic and non-economic losses when an accident occurs as a result of another person's negligence. For example the person can seek compensation for medical bills or lost income, property damage and other related expenses. A person can also recover damages for pain, suffering and other related expenses. In the event that the wrongful act was severe or outright outrageous, punitive damages may be available.
A lawyer can determine who was responsible for the accident, and whether there is insurance coverage to pay for the victim's injuries. The most important aspects of a claim are usually established through early investigations and interviews with witnesses. If a motorboat crashes into a sailing boat in the event of a collision, both operators are at fault, as the safest boating practices demand that the motorboat be kept out of the sailboat's path.
Other factors that affect the value of a claim include whether the operator was using alcohol or drugs, or was distracted and did not have a designated lookout. It is possible that a dangerous design of the vessel was the cause of the accident.
Statute of Limitations
A boat accident can be devastating. You could sustain serious injuries that will require long-term medical treatment and the most extensive medical treatment. It can also result in the death of your loved family members. It could also leave you with a significant financial burden from lost wages and other costs caused by the accident. Money can't bring your loved ones back or remove the pain, but it could aid in reducing your expenses and address the losses you have experienced.
In a boat accident lawsuit, you can get compensation for your medical bills or property damage, loss of earnings, and your pain and suffering. You will need to prove that the other party was subject to an obligation of reasonable care, but violated that duty, and this breach caused the majority of your injuries. Additionally, you could be entitled to punitive damages in certain cases.
Usually, the person accountable is the person who operates or owns the vessel. However, this isn't always the situation. If a problem with the boat itself is to blame for your injuries, you may be in a position to file a liability claim against the manufacturer. This type of claim is different from the personal injury claim and maritime law is governed by specific requirements. A lawyer with experience in maritime law will be able to explain the difference and help you choose the appropriate kind of claim.
Preparing a Claim
When an accident happens on the water, it is vital to contact the Coast Guard and to notify them of the incident. This will ensure the safety of those involved in the incident and also help keep injuries or dangers from occurring from occurring. It is also important to contact the police to make an official report on the accident. If you do not complete this step, it could hinder your ability to file a claim in the future.
It is also crucial to work with an attorney as soon as you can in order to begin investigating the incident and preparing for a lawsuit. An attorney will be able to locate information regarding the owner or operator of the boat, who could be responsible for your injuries and will be able to help you to understand your rights to compensation.
Remember that unlike car accidents boating accidents tend to be more complex as they are subject to federal laws and other regulations. It is vital to find an experienced lawyer for boating accidents who can ensure that your rights are protected. The process of pursuing compensation in the event of a boating accident can be long as many factors need to be considered. The main elements are the negligence of the operator as well as any other parties involved, whether or boat accident not they were acting in the course of their job, and the cause and nature of the accident.
Contacting an attorney
When boating enthusiasts head to the water for some sun and enjoyment, they don't think about being involved in an accident that could be fatal. These types of incidents are not common and those who have suffered injuries should consult with a lawyer immediately.
The main person who can be held liable for injuries sustained by boating is the boat driver. They are obliged to be cautious and watch out for their passengers. But, they could be distracted by their cell phone, be impaired by alcohol or drugs or engage in reckless behaviors that could result in a collision.
Other parties may also be held responsible for boat accidents. For instance, if your accident was the result of a hazardous wake that was created by another vessel, then the driver could be held accountable. A negligent or unruly passenger could also be held accountable, as can the manufacturer of a vessel or part of it when there is a defect that causes an accident.
In certain instances where the government has been negligent in the management and maintenance of waterways and lakes there is the possibility to file a claim against them. It is crucial to speak with an attorney immediately regarding these types of claims. They have their own rules. The damages resulting from a boating incident may include medical costs (past and future) as well as lost wages along with pain and suffering and emotional distress.