What Is Boat Accident Litigation? A lot of people are injured in boating accidents each year. These accidents are more serious since there is no safety belt in place and the injuries could be more severe. To get compensation you must prove that you were negligent. To show negligence, a lawyer has to prove that someone owed you a duty and breached this duty directly resulting in your injury. Cause of the Accident The first step following an accident with a boat is to make sure everyone involved is safe and free from immediate danger. After this is done the attorney will collect important information including names and contact numbers for the people involved in the accident and eyewitnesses. The next step is to conduct an in-depth investigation into the cause of the accident. This will involve looking over the evidence to see how the accident occurred and also any damage or injuries that could have occurred as caused by the accident. Many boat accidents happen because of human mistakes. The operator may have been distracted or driving at unsafe speeds or drunk while boating, or making poor judgment calls in an emergency such mistakes can result in tragedy. Other boat accidents result of mechanical issues or defective parts. If the accident was caused by these types of issues, your lawyer will investigate to determine if product liability is at issue. Another type of boat accident can result in head trauma or drowning due to a collision with another vessel or object. This could include a fall overboard and causing 70 percent of all deaths reported in New York since 2005. These accidents can also happen when a boat hits fixed objects like piers or bridges, or submerged rocks. Damages While no amount of money can bring families back loved ones who have been injured or killed in an accident on the water the compensation offered by compensation can assist victims and their families to recover financial losses caused by the accident. A successful claim may cover medical costs, lost wages from the absence of work due to injuries, as well as other costs. Similar to car accidents, to claim damages for an accident involving a boat, victims must show that the person who caused their injuries was negligent in their duty of care and this breach was the direct reason behind their injuries. Boat operators may violate their duty of care by driving under the influence or speeding on the water. It is vital that victims gather the most information they can after a boating incident. It is essential to obtain the contact details and names of any person who witnessed the accident and give a full account. This could strengthen an argument in court, or with the at-fault party's insurance provider. In addition to pursuing claims against the owner of the boat or operator, injured victims may also pursue lawsuits for product liability against the manufacturers of defective boats. An attorney with expertise in boating accidents can assist injured victims determine whether the manufacturer is responsible. In cases where the government is responsible for causing dangerous conditions on the water, it could be possible to bring an 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 the defendant owed you a duty of care, and breached this duty, and that their breach was directly accountable for your injury. Anyone who operates a vessel has a responsibility to ensure the safety and well-being of their passengers. This includes ensuring that life vests are provided, ensuring that the vessel is seaworthy, and not speeding it up. If a boat driver violates the rules and hurts someone another, they could be held responsible. Mechanical failure can also be one of the major causes of boat accidents. A defective engine, electrical system or gear shifts, for instance can cause an accident that kills a boater. In these cases, your New York boat accident attorney will look into the possibility of product liability is involved and hold the manufacturer responsible. Victims of injuries are entitled to recover the cost of medical treatment in the past and in the future such as ambulance service charges as well as doctor's bills hospital treatment expenses as well as nursing services and the cost of medicines. Injured victims might be able to claim lost wages too, depending on the severity of their injuries as well as whether they are in a position to return to work. You could also be entitled to compensation for the 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 injury. Similar to a car accident claim, seeking compensation involves finding out what happened and identifying and evaluating all responsible parties, and in calculating the amount of damages owed to the victim. If you need to file a suit against an insurance company, this process can last from months to several years. Many boat accidents occur because of the negligence of others. Negligence is defined as an action that is not in line with the standard care that reasonable people would have exercised under a given circumstance. In the event of collision with another vessel, a stationary object or a fatal drowning reckless actions can cause serious injuries, and even death. In general, victims of boating accidents have up to two years within the time to file a civil lawsuit. But, depending on the state law and any special circumstances, this deadline may be extended. A common defense strategy employed by insurance companies is to argue that the plaintiff who suffered injury had a share of responsibility for their own injuries. https://vimeo.com/709631905 for boat accidents fight to prove otherwise and limit the amount that is awarded to you. This will ensure that you get the maximum amount of compensation. If your injury was caused by the negligence of a government agency the different set of rules will be in place. These cases will typically involve the State of New York, and a knowledgeable attorney can help navigate these unique laws.