What Is Boat Accident Litigation? Each year boating accidents are the cause of many injuries. These accidents are more serious due to the fact that there is no safety belt, and the injuries can be more serious. Similar to a car accident lawsuit it is necessary to prove of negligence to receive compensation. To demonstrate negligence, a lawyer has to establish that someone else owed you an obligation and the breach of that obligation directly causing your injury. The reason for the accident After a boating incident, the first thing you need to do is ensure that everyone involved is secure. Your attorney will then collect all the necessary information including the names and contact details of the persons involved in the accident, as well as eyewitnesses. The next step is to conduct an extensive investigation into the cause of the accident. This includes analyzing the evidence to determine why the accident happened and any injuries or damages caused by the accident. Human error is a major cause of a number of boat accidents. Whether the operator was distracted or driving at a dangerous speed or drunk on the boat, or making bad judgment calls during an emergency situation such mistakes can result in tragedy. Other boat accidents result from mechanical issues or parts that are not working properly. If the accident was caused by these kinds of problems, your attorney will determine if product liability is at issue. Other boat accidents can result in drowning or head trauma due to a collision with another vessel or other object. This can include falling overboard, which accounts for 70 percent of all deaths from boating reported in New York since 2005. These accidents can also happen when a vessel collides with fixed objects like bridges and piers, or submerged rocks. Damages While no amount of money will bring back loved ones who were injured or killed in an accident on the water the compensation offered by compensation can help victims and their families to recover financial losses caused by the accident. A successful claim will cover medical costs, lost wages due to time off work and other expenses. The same as with car accidents, to claim damages for a boating accident, victims must show that the person responsible for the injuries was in breach of their duty of care and that this breach was the main reason for their injuries. For example the boat owner could breach their duty of care by operating their vessel while under the drunk or speeding on the water. Following a boating accident It is crucial to gather as much data about the incident as you can. This includes getting the names and contact numbers for anyone who witnessed the incident happen and can provide witnesses' accounts. This will help to strengthen your case in court or when dealing with the insurance company of the party at fault. In addition to seeking claims against the boat's owner or operator, injured people can also pursue lawsuits for product liability against the manufacturers of defective boats. An attorney who specializes in boating accidents may help injured victims determine whether the manufacturer is responsible. In cases where government agencies are responsible for creating danger on the water, it could be possible to bring a federal maritime law claim against them. Liability In a case of negligence, the injured party must prove that the negligence of a third party caused their injuries. This means that you must establish that the defendant was liable to you under the duty of care, that they breached their duty, and that their negligence was the primary cause of your injuries. Anyone who runs the vessel has a duty to ensure the safety and security of their passengers. This includes supplying life jackets, making sure that the vessel is in good condition and not operating at high speeds. If a boater fails to fulfill this obligation and causes harm to another, that party can be held responsible. Mechanical failures can also be an important cause of boat-related accidents. For example, a defective engine and electrical system or shift could lead to a fatal accident. Your New York boat accident lawyer will investigate the circumstances to determine if there is product liability involved and hold the makers accountable. Injured patients can recover future and past medical expenses such as ambulance costs, doctor bills and hospital treatment costs. They may also be able to claim for nursing services as well as nursing and medication services. The injured may be entitled to claim lost wages as well depending on the extent of their injuries and whether they are incapable of returning to work. You may also be entitled to compensation for pain and suffering you endured as a result of the accident. Statute of limitations When we refer to the legality of boat accidents it is legal term that covers any watercraft incident that causes serious injuries. In the same way as an automobile accident in calculating damages and identifying all responsible parties is a component of the compensation process. If you must file a suit against an insurance company, this process can take from months to several years. Many boat accidents occur because of negligence. Negligence is defined as any act that fails to be in line with the standard of care that reasonable people would have exercised under a specific circumstance. Whether it is collision with another vessel or a stationary object drowning death negligence can result in serious injuries, and even death. In general those who suffer from boating accidents have up to two years within the time to file a civil lawsuit. Depending on the laws of the state and any special circumstances, this deadline can be extended. Insurance companies often use the defense that the plaintiff who suffered an injury is partially responsible for their injuries. Our NYC lawyer for boat accidents will fight for you to disprove and limit the amount awarded to you. https://vimeo.com/709841415 will ensure that you receive the maximum amount of compensation. If the negligence of a government agency led to your injury the different set of rules will be in place. These cases will often involve the State of New York, and an experienced attorney can assist in navigating these specific provisions.