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What Is Boat Accident Litigation?

Many people are injured in boating accidents every year. These accidents are more serious 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 establish negligence, an attorney must prove that a person owed a duty to you and acted in breach of it directly and caused injury.

The cause of 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 lawyer will then gather all the necessary information, including names and contact information of those involved in an accident, as well as eyewitnesses.

The next step is to conduct an in-depth inquiry into the incident's cause. This will include reviewing the evidence to determine how the accident happened and also any injuries or damages that could result as caused by the collision.

Many boat accidents happen as a result of human mistakes. These errors can lead to tragedy, regardless of whether the boat accident attorney operator was distracted, driving at an unsafe speed, drunk on the water, or simply making bad decisions in the face of an emergency.

Other boat accidents happen because of mechanical malfunction or parts that are defective. If the accident was caused by these kinds of issues, your attorney will investigate to determine if liability for the product is involved.

Still other boat accidents result in drowning or head trauma because of a collision with another vessel or other object. This can result in a person falling overboard, which accounts for 70% of all boating deaths reported in New York since 2005. These accidents can also occur when a boat hits fixed objects such as bridges and piers, or submerged rocks.

Damages

Compensation can help victims and families cope with the financial losses caused by an accident. A successful claim can pay for medical expenses, lost wages due to time off work due to injuries, as well as other costs.

Like car accidents, those injured in a boating collision must be able to prove that the person who is responsible for their injuries acted in violation of their duty of care and that the violation caused their injuries. Boat operators can violate their duty of care by driving under the influence of alcohol or speeding while on the water.

It is vital that victims collect as much information as possible after a boating incident. It is essential to obtain the contact details and names of anyone who was present at the incident and who can provide a detailed account. This can help strengthen your case in court or when dealing with the insurance company of the party who is at the fault.

Victims of injuries can file product liability lawsuits, in addition to claims against the boat's owner and operator. An attorney with expertise in boating accidents can aid injured victims determine whether the manufacturer is responsible. In cases where the government is responsible for creating a hazardous situation in the water, it may be possible to file a federal maritime claim against them.

Liability

In a negligence case, the injured party must prove that the negligence of another party led to their injuries. You must prove that your defendant was obligated to you of care, but violated this duty, and their negligence was directly responsible for your injury.

Anyone who operates an vessel is responsible to ensure the safety and security of their passengers. This includes supplying life jackets, ensuring the vessel is seaworthy and not operating it at excessive speeds. If a boater fails to fulfill this obligation and causes injury to someone else, that party can be held accountable.

Mechanical failures can also be an important cause of boat-related accidents. A defective engine, electrical systems or gear shifts for instance, could cause an unfathomable boat accident. Your New York boat accident lawyer will review the circumstances to determine if there is the possibility of product liability and hold the manufacturers responsible.

Injured victims can claim past and future medical costs, including ambulance fees, doctor bills and hospital treatment costs. They may also be able to claim nursing services as well as nursing and medication services. Injured victims may be able to also claim lost wages depending on the extent of their injuries and if they are in a position to return to work. You could also be entitled to compensation for pain and suffering you endured in the aftermath of the accident.

Statute of limitations

When we speak of boat accident litigation it is legal and covers any incident on water that results in serious injuries. Similar to a car accident claim, boat Accident lawyer seeking compensation involves investigating what happened, identifying and evaluating all accountable parties, and then calculating damages owed to the victim. This process can take months to years if it's necessary to file a lawsuit against an insurance company.

Negligent actions are responsible for numerous boat accidents. Negligence can be defined as any action that is not in line with the standard of care that an average person would have exercised in circumstances. Negligent acts can cause serious injuries or even death, whether it's the result of a collision with an object that is stationary or an accident between a vessel and another, or even a drowning.

Typically victims of boat accidents have two years to make a civil suit. However, depending on the state law and other special circumstances that exist, this deadline may be extended.

A common defense tactic used by insurance companies is to assert that the plaintiff who suffered injury was a part of the blame for their own injuries. Our NYC boat accident lawyers fight hard to disprove these claims and reduce the amount of responsibility attributed to you. This will ensure that you receive the highest amount of compensation. If the negligence of a government entity caused your injury the different set of rules will be in place. These cases usually involve the State of New York. A knowledgeable attorney can help you navigate these unique provisions.