What Is Boat Accident Litigation? Many people suffer injuries in boating accidents every year. These incidents are more severe because there is no safety belt and the injuries can be more serious. To receive compensation to be compensated, you must prove negligence. To prove negligence, an attorney must establish that someone has owed you a duty and then breached it in direct way causing your injury. The cause of the accident The first step following an accident on the water is to ensure that everyone involved is safe and not in immediate danger. Your attorney will then collect all the information necessary including the names and contact details of the people involved in the accident as well eyewitnesses. The next step will be to conduct an in-depth investigation into the cause of the accident. This will include looking over the evidence to determine what caused the accident as well as any injuries or damages that could result as a result of the crash. Many boat accidents happen as a result of human mistakes. It doesn't matter if the person was distracted or driving at unsafe speeds, intoxicated boating or simply making a poor decision in an emergency situation these kinds of mistakes could easily cause tragedy. Other boat accidents occur because of mechanical problems or parts that are defective. If these causes caused the accident, your lawyer will investigate and determine if the responsibility of the manufacturer is at issue. Other boat accidents can cause head injuries or drowning caused by collisions with another vessel or a piece of equipment. This can result in a person falling overboard, which accounts for 70% of all boating deaths reported in New York since 2005. These accidents may also occur when a boat comes into contact with fixed objects, such as piers or bridges, or submerged rocks. Damages Compensation can assist families and victims deal with the financial burdens caused by accidents. A successful claim will be able to cover medical costs and lost wages resulting from time off work and other costs. As with car accidents, those injured in a boating accident have to prove that the person responsible for their injuries violated their duty of care and that the breach was the cause of their injuries. For example an operator of a boat may breach their duty of care when operating their vessel under the under the influence of alcohol or speeding on the water. It is essential that victims gather as much information as possible following a boating crash. This includes getting the names and contact numbers of anyone who witnessed the incident happen and can provide testimony. This can help strengthen your case in court or when dealing with the insurance company of the party at the fault. In addition to seeking claims against the boat owner or operator, injured parties can also pursue lawsuits for product liability against the manufacturers of boats that are defective. An attorney for boating accidents can assist injured victims to determine if the manufacturer is liable. In https://vimeo.com/709772777 where government agencies are responsible for creating an unsafe situation on the water, it may be possible to pursue a federal maritime law claim against them. Liability In a case of negligence, the injured party must prove that another's negligent actions caused their injuries. You must prove that the defendant was bound by a duty of care, breached that duty, and their negligence was directly responsible for your injury. Anyone who is operating a boat has a responsibility to ensure the safety of their passengers. This includes providing life vests and ensuring that the vessel is safe, and speeding it up. If a driver of a boat violates this obligation and causes harm to someone another, they could be held responsible. Mechanical failures are also a major cause of boat-related accidents. A defective engine, electrical system or gear shifts for instance could result in an unfathomable boat accident. In these instances you New York boat accident attorney will look into the possibility of product liability is involved and hold the manufacturer responsible. Injured victims can claim past and future medical costs which include ambulance charges medical bills, ambulance fees, and hospital treatment costs. They can also claim nursing services as well as nursing and medication services. Injured victims may be able to claim lost wages too depending on the extent of their injuries and whether they are unable 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 Boat accident litigation is a legal term that refers to any incident involving a boat that causes serious injury. Similar to in a car crash in calculating damages and identifying the parties responsible is a part of the compensation process. This process can take months to a decade if it's necessary to file a lawsuit against an insurance company. Many boat-related accidents occur as a result of negligent actions. Negligence is defined as any action that is not in line with the standard of care an average person would have exercised in an unforeseen circumstance. It could be collision with another vessel or a stationary object, or a fatal drowning negligence can result in grave injuries or even death. Typically the victims of boat accidents have two years to make a civil suit. But, depending on the state laws and the specific circumstances that exist the deadline could be extended. A common defense tactic used by insurance companies is to assert that the plaintiff who was injured shared some responsibility for their own injury. Our NYC lawyers for boat accidents work hard to disprove these allegations and limit the amount of blame that is assigned to you. This will ensure that you receive the highest amount of compensation. If your injury was caused by the negligence of an agency of government and a different set of rules will apply. These cases usually involve the State of New York, and an experienced attorney can help navigate these unique regulations.