What Is Boat Accident Litigation?

Many people suffer injuries in boating accidents every year. These accidents are more dangerous than car crashes due to the fact that there is no seat belt and the injuries are usually more severe.

To be eligible for boat accident lawyer compensation to be compensated, you must prove negligence. To show negligence, a lawyer has to establish that someone owed you the duty of care and that breach of this duty directly resulting in your injury.

Cause of the Accident

The first step following a boat accident involves ensuring everyone involved is safe and not in immediate danger. After this is done your lawyer will gather important information, including names and contact details for the people involved in the accident as well as eyewitnesses.

The next step is to conduct an extensive investigation into the causes of the accident. This will include taking a look at evidence to determine how the accident occurred and also any injuries or damages that may be an outcome of the accident.

Many boat accidents happen as a result of human error. These mistakes can cause disaster, whether the person was distracted, driving at unsafe speed, drunk on the water, or simply making bad decisions during an unexpected emergency.

Other boat accidents occur because of mechanical malfunction or defective components. If these causes caused the accident your lawyer will investigate and determine if product responsibility is in question.

Other boat accidents may cause drowning or head injuries from collisions with a vessel or object. This can include falling overboard which accounts for 70 percent of all deaths reported in New York since 2005. These accidents could also be the result of collisions between a boat and fixed objects like bridges, piers and rocks.

Damages

Compensation can assist families and victims deal with the financial burdens due to an accident. A successful claim will be able to cover medical costs, lost wages due to time off work and other costs.

The same as with car accidents, to recover damages from a boating accident victims must prove that the person who caused their injuries breached their duty of care, and that this breach was the primary cause of their damages. For instance an operator of a boat may violate this duty by operating their boat under the drunk or speeding on the water.

It is important that victims collect as much information as they can after a boating incident. It is essential to obtain the names and contact numbers of anyone who witnessed the accident and could give a full account. This can strengthen a case in court or with the at-fault party's insurance company.

Injured victims are able to file product liability lawsuits in addition to claims against the boat owner and operator. A boating accident attorney can help injured victims determine whether the manufacturer is responsible. Additionally, in cases where government agencies are responsible for causing an unsafe situation on water, it could be possible to pursue an federal maritime law claim against them.

Liability

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

Anyone who operates a boat has a responsibility to ensure the safety of their passengers. This includes providing life jackets and ensuring that the vessel is safe and sound, and not operating it at a speed that is too fast. If a boater violates this duty and causes injury to someone else the other party could be held accountable.

Mechanical failures can be an important cause of boating accidents. For example, a defective engine, electrical system or gear shift could cause a fatal accident. Your New York boat accident lawyer will investigate these cases to determine if there is product liability, and hold the manufacturers responsible.

Injured victims can claim future and past medical expenses such as ambulance costs as well as doctor bills and hospital treatment costs. They may also be able to claim for nursing care including medications, nursing services and other medical services. Victims of injuries may be able to claim lost wages, too, depending on the severity of their injuries and if they are incapable of returning to work. You may also be entitled to compensation for the pain and suffering you experienced in the aftermath of the accident.

Statute of Limitations

When we refer to boat accident litigation as legal term that refers to any watercraft accident that results in serious injuries. In the same way as an automobile accident the calculation of damages and the identification of all parties responsible is part of the compensation process. If you must make a claim against an insurance company, boat accident lawyer the process can take from months to years.

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

Typically victims of boat accidents have two years to bring a civil lawsuit. Depending on the laws of the state and any 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 lawyers who represent victims of boat accidents work hard to disprove and limit the amount that is given to you. This will ensure that you receive the maximum amount of compensation. If the negligence of a government entity caused your injury the different set of rules will be in place. These cases often involve the State of New York. A knowledgeable attorney can help you navigate these unique provisions.