What Is Boat Accident Litigation?

Every year boating accidents result in a variety of injuries. These accidents are more dangerous than car crashes because there is no seat belt and the injuries are typically more severe.

In order to receive compensation you must prove negligence. To demonstrate negligence, a lawyer must prove that someone owed you a duty and breached this obligation directly causing your injury.

The cause of the accident

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

The next step will be to conduct a thorough investigation into the causes of the accident. This will involve examining the evidence to determine how the accident happened, as well as any damage or injuries caused by the crash.

Human error is the root cause of many boat-related accidents. Whether the operator was distracted or driving at a speed that was unsafe, intoxicated boating or simply making poor judgement calls during an emergency situation such mistakes can lead to disaster.

Other boat accident lawyer accidents result from mechanical issues or parts that are defective. If the accident was caused by these types of issues, your attorney will determine if liability for the product is at issue.

Still other boat accidents result in head trauma or drowning due to a collision with another vessel or other object. Falling overboard is one of the most common causes of boating fatalities in New York. These accidents can also be the result of collisions between a boat and fixed objects, such as piers, bridges or submerged rocks.

Damages

Compensation can help victims and families to recover financial losses due to an accident. A successful claim can pay for medical expenses, lost wages resulting from time off work due to injuries, and other expenses.

Like car accidents victims injured in a boating collision must demonstrate that the person accountable for their injuries has violated their duty to care, and that this violation caused their injuries. For instance, a boat operator might breach their duty of care by operating their vessel while under the drunk or speeding on the water.

It is vital that victims gather the most information they can following a boating accident. It is crucial to collect the names and contact details of all witnesses to the incident and who can give a full account. This can help in proving the case in court or with the insurance company.

In addition to seeking claims against the owner of the boat or operator, injured parties can also pursue lawsuits for product liability against the makers of boats that are defective. A lawyer for boating accidents can assist injured victims in determining whether the manufacturer is accountable. If the government is responsible for causing an unsafe situation on the water, it might be possible to file a federal maritime claim against them.

Liability

In a case of negligence, the injured party must prove that a third party's negligent actions caused their injuries. You must prove that your defendant owed you an obligation of care, and breached that duty, and their negligence was directly responsible for your injuries.

Anyone who owns a boat has a responsibility to ensure the safety of his or her passengers. This includes providing life jackets, making sure the vessel is water-tight and not driving it at excessive speed. If a person operating a boat violates this duty and causes someone else harm, that party can be held responsible.

Mechanical failure can also be a major cause of boat-related accidents. A defective engine, electrical systems or gear shifts, for instance could result in an unfathomable boat accident. In these situations the New York boat accident attorney will determine if the manufacturer is responsible and hold the manufacturer accountable.

The injured victim is entitled to claim the cost of medical treatment in the past and in the future that include ambulance service costs, doctor bills and boat accidents hospital treatment costs such as nursing services and costs of medication. Victims of injuries may be able to claim lost wages, too, depending on the severity of their injuries and whether they are not able to return to work. In addition, you may be entitled to compensation for any pain and suffering you suffered as a result of the accident.

Statute of Limitations

Boat accident litigation is a legal term that refers to any incident involving a boat which causes serious injury. Like a car accident claim, seeking compensation requires looking into the incident by identifying and evaluating all accountable parties, and then calculating damages owed to the victim. This process can take from months to years if it's necessary to make a claim against an insurance company.

Many boat accidents occur because of negligent actions. Negligence is defined as any action that fails to reflect the standard of care that a reasonable person would have used in a particular situation. In the event of collision with another vessel or a stationary object, or a fatal drowning reckless actions can cause serious injuries and even death.

Typically those who suffer from boat accidents have two years to bring a civil lawsuit. However, based on state law and other special circumstances the deadline could be extended.

Insurance companies often rely on the excuse that the injured person 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 blame assigned to you. This will ensure that you receive the maximum financial award possible. If the negligence of a government entity caused your injury the different set of rules will be in place. These cases typically involve the State of New York. An experienced attorney can assist you navigate these particular rules.