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What Is Boat Accident Litigation?

Each year, boating accidents cause many injuries. These accidents are more dangerous than car accidents due to the fact that there is no seat belt, and the injuries are usually more severe.

To receive compensation you must prove that you were negligent. To demonstrate negligence, a lawyer must prove that someone was owed the duty of care and that breach of this obligation directly led to your injury.

Cause of the Accident

Following a boating accident the first step is ensure that everyone involved is secure. Your attorney will then collect all the information needed including the names and contact information of all those involved in an accident, as well as eyewitnesses.

The next step is to conduct a thorough inquiry into the incident's cause. This will include looking over the evidence to see how the accident occurred, including any injuries or damages that may have occurred as caused by the accident.

Human error is the cause of many boat-related accidents. These mistakes can cause tragedy, whether the operator was distracted, driving at an unsafe speed, drunken boating or simply making poor decisions in the face of an emergency.

Other boat accidents are caused by mechanical malfunctions 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.

Other boat accidents may cause head injuries or drowning due to collisions with another vessel or an object. This can include falling overboard and causing 70 percent of all deaths reported in New York since 2005. These accidents can also occur when a boat comes into contact with fixed objects like bridges and piers, or submerged rocks.

Damages

While no amount of money can bring families back loved ones who were injured or killed in boating accidents and compensation may aid victims and their families overcome financial burdens caused by the incident. A successful claim can cover medical expenses, lost wages resulting from absences due to injury, and other costs.

Similar to car accidents, in order to be able to claim damages from an accident on the water, victims must show that the person responsible for their injuries was negligent in their duty of care and that this breach was the primary cause of their injuries. Boat operators can violate their duty of care by driving under the influence or speeding on the water.

After a boating accident It is crucial to collect as much information about the accident as possible. This includes gathering the names and contact information of anyone who witnessed the incident happen and can provide an account of the witness. This can help strengthen your case in court or when dealing with the insurance company of the party who is at fault.

In addition to pursuing claims against the owner of the boat or operator, injured victims may also file a product liability lawsuit against the makers of boats that are defective. An attorney who specializes in boating accidents can aid injured victims determine if the manufacturer is accountable. In cases where government agencies are responsible for causing a dangerous situation on the water, it may be possible to bring an federal maritime law claim against them.

Liability

In a case of negligence the person who is injured must prove that the other party's negligent actions led to their injuries. You must prove that your defendant owed you an obligation of care, but violated the duty, and that their negligence was directly responsible for the injury you sustained.

Anyone who is operating a boat is responsible for the security of the passengers. This includes supplying life vests and ensuring that the vessel is safe to use, and not speeding it up. If a boat operator breaches this duty and causes harm to another person the other party could be held responsible.

Mechanical failures are also an important cause of boating accidents. A malfunctioning engine, electrical systems or gear shifts, for instance can result in an unfathomable boat accident. In these instances the New York boat accident attorney will determine if any product liability exists and hold the manufacturer accountable.

Injured victims can recover the costs of medical treatment in the past and into the future that include ambulance fees as well as doctor bills and hospital treatment costs. They may also be able to claim nursing services as well as nursing and medication services. The injured are also able to claim lost earnings dependent on their injuries and if they are unable return to work. You may also be entitled to compensation for pain and suffering you experienced as a result of the accident.

Statute of limitations

Boat accident litigation is a legal term that refers to any incident involving a boat that results in serious injuries. Like a car accident claim, seeking compensation involves investigating 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 a decade if it's necessary to start a lawsuit against an insurance company.

Negligent actions are responsible for many boat accidents. Negligence is defined as any act that is not in accordance with the standard care that a reasonable individual would have exercised in circumstances. In the event of an accident with another boat or a stationary object drowning death negligence can result in serious injuries, and even death.

Typically those who suffer from boat accidents have two years to start a civil lawsuit. 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 say that the plaintiff who suffered injury took some responsibility for their own injury. Our NYC boat accident lawyers (homepage) fight hard to debunk these claims and reduce the amount of blame assigned to you. This will ensure that you receive the maximum amount of compensation. If the negligence of a government entity caused your injury and you were injured, a different set of rules will apply. These cases will typically involve the State of New York, and a knowledgeable attorney can help navigate these unique provisions.