What Is Boat Accident Litigation?

Every year boating accidents are the cause of many injuries. These accidents are more dangerous than car crashes because there is no seat belt in place and the injuries are generally more severe.

Like in a car accident lawsuit there must be evidence of negligence in order to be compensated. To prove negligence, an attorney must establish that someone has owed you a duty and acted in breach of it directly causing your injury.

The cause of the accident

After a boating accident, the first thing to do is to ensure that everyone is safe. The lawyer will then collect all the information necessary including the names and contact information of all those involved in an accident, as well as witnesses.

The next step is to conduct a thorough investigation into the root of the accident. This will include reviewing the evidence to see how the accident occurred, including any damage or injuries that could result as by the crash.

Human error is the root cause of a lot of boat accidents. These mistakes can lead to disaster, whether the person was distracted, driving at an unsafe speeds, drunk on the Palatine Boat Accident Law Firm or making bad decisions in the face of an emergency.

Other fort collins boat accident lawyer accidents result of mechanical malfunction or parts that are defective. If these problems caused the accident, your lawyer will investigate and determine if product responsibility is in question.

Still other boat accidents result in drowning or head trauma because of a collision with another vessel or object. The risk of falling overboard is among the most common causes of boating fatalities in New York. These accidents can also result from collisions between a boat and fixed objects like bridges, piers or submerged rocks.

Damages

Compensation can help families and victims overcome the financial burdens that result from an accident. A successful claim can pay for medical expenses, lost wages from time off due to injuries, as well as other costs.

Similar to car accidents, in order to get compensation for damages incurred in an accident involving a boat, victims must show that the person who caused the injuries was in breach of their duty of care and this breach was the sole cause of their damages. For instance the boat owner could be in violation of this obligation by operating their vessel under the drunk or speeding on the water.

It is vital that victims gather as much information as possible after a boating accident. This includes obtaining the names and contact information for anyone who witnessed the accident happen and can provide an account of the witness. This will help to strengthen your case in court or when dealing with the insurance company of the party at the fault.

Victims who have been injured are able to file product liability lawsuits as well as claims against the boat owner and operator. An attorney for boating accidents can assist injured victims to determine whether the manufacturer is responsible. In cases where the government is responsible for causing a hazardous situation in the water, it may be possible to file a federal maritime claim against them.

Liability

In a negligence case the person who is injured must prove that another's negligence caused their injuries. You must prove that your defendant was bound by a duty of care, breached the duty, and that their breach was directly responsible for your injury.

Anyone who owns a boat is responsible for the safety of his or her passengers. This includes providing life jackets and making sure the vessel is safe and not operating at excessive speed. If a paramus boat accident lawyer driver breaches this duty and harms someone or anyone else, they could be held accountable.

Mechanical failures are also a leading cause of boating accidents. For instance, a faulty engine, electrical system or gear shift could lead to an accident that is fatal. Your New York boat accident lawyer will investigate the circumstances to determine if there is product liability involved and hold the manufacturers accountable.

Injured victims are entitled to reimbursement of the cost of medical treatment in the past and in the future, including ambulance service fees medical bills as well as hospital treatment costs such as nursing services and costs of medications. Injured victims can also claim lost wages, depending on their injuries and if they are unable return to work. You could also be entitled to compensation for the pain and suffering you suffered in the aftermath of the accident.

Statute of limitations

Boat accident litigation is a legal term used to describe any incident involving watercrafts which causes serious injury. Similar to a car accident claim, seeking compensation involves finding out what happened, identifying and evaluating all responsible parties, and formulating the amount of damages due to the victim. This process can take from months to years if it's necessary to make a claim against an insurance company.

Negligent acts are the reason behind many boat accidents. Negligence is defined as any act that does not be in line with the standard of care that reasonable people would have applied in a particular circumstance. Negligent actions can cause serious injuries, or even death whether it's an accident with an object that is stationary or collision between a boat and another vessel, or a drowning.

In general the event of a boating accident, victims have up to two years within which to file a civil lawsuit. However, depending on the state law and other special circumstances that exist, this deadline may be extended.

Insurance companies frequently use the argument that the plaintiff who suffered an injury is a part of the blame for their injuries. Our NYC lawyers for boat accidents fight hard to debunk these claims and limit the amount of responsibility attributed to you. This will help you receive 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 apply. These cases usually involve the State of New York, and an experienced attorney will assist in navigating these unique laws.