What Is Boat Accident Litigation? Many people suffer injuries in boating accidents each year. These accidents are more serious than car crashes due to the fact that there is no seat belt. Also, the injuries are often more severe. In order to receive compensation to be compensated, you must prove negligence. To demonstrate negligence, a lawyer has to establish that someone else owed you the duty of care and that breach of this duty directly resulting in your injury. Cause of the Accident After a boating incident, the first step is ensure that everyone is secure. Your attorney will then collect all the information needed, including names and contact details of those involved in an accident, as well as witnesses. The next step will be to conduct a thorough inquiry into the incident's cause. This will include examining the evidence to determine why the accident took place and also any injuries or damages caused by the crash. Human error is the root cause of a lot of boat accidents. https://vimeo.com/709687818 can lead to tragedy, whether the operator was distracted, driving at an unsafe speed, drunk on the water, or simply making bad decisions during an unexpected emergency. Other boat accidents result from mechanical issues or defective parts. If these problems caused the accident your lawyer will investigate and determine if product responsibility is at issue. Some boat accidents result in drowning or head trauma due to a collision with another vessel or object. Overboard falls are among the most common causes of fatalities involving boats in New York. These accidents also happen when a boat hits fixed objects, such as piers or bridges, or submerged rocks. Damages Compensation can help families and victims overcome the financial burdens caused by accidents. A successful claim could cover medical expenses, lost wages resulting from time off due to injuries, and other expenses. The same as with car accidents, to claim damages for accidents involving boats victims must prove that the person who caused their injuries breached their duty of care and that this breach was the sole reason behind their injuries. Boat operators can violate their duty of care by driving under the influence or speeding on the water. It is vital that victims gather as much information as they can after a boating incident. This includes gathering the names and contact numbers of anyone who witnessed the accident happen and can provide a witness account. This could strengthen a case in court or with the at-fault party's insurance provider. Victims of injuries are able to file product liability lawsuits in addition to claims against the owner of the boat and operator. A lawyer who has experience in boating accidents could help injured victims determine whether the manufacturer is accountable. In cases where government agencies are responsible for creating an unsafe situation on the water, it may be possible to file a federal maritime law claim against them. Liability In a negligence case, the victim must prove that the other party's negligence caused their injuries. You must prove that your defendant owed you a duty of care, violated that duty, and their breach was directly responsible for your injuries. Anyone who operates the vessel has a duty to ensure the safety and security of their passengers. This includes supplying life vests, ensuring that the vessel is safe and sound, and not operating it at a speed that is too fast. If a boat operator breaches this duty and causes injury to someone else the other party could be held liable. Mechanical failure is also one of the major causes of boat accidents. For instance, a malfunctioning engine and electrical system or shift could result in an accident that is fatal. Your New York boat accident lawyer will review the circumstances to determine if there's the possibility of product liability and hold the manufacturer accountable. Injured patients can recover past and future medical expenses which include ambulance charges, doctor bills and hospital treatment costs. They can also claim for nursing services, medications and nursing services. The injured may also be entitled to compensation for lost wages in the event of injuries and if they are unable return to work. Additionally, you could be entitled to compensation for any suffering and pain you endured as a result of the accident. Statute of limitations When we refer to boat accident litigation as legal and covers any watercraft accident that results in serious injuries. Like a car accident claim, pursuing compensation involves investigating what happened by identifying and evaluating all liable parties, and in calculating the amount of damages owed to the victim. This process could take anywhere from months to years if it is necessary to bring a lawsuit against an insurance company. Negligent acts are the reason behind numerous boat accidents. Negligence is any act that fails to conform to the standard of care that reasonable people would have exercised in a particular situation. Negligent actions can result in serious injuries or even death whether it's collision with a stationary object or an accident between a vessel and another vessel, or a drowning. In general the event of a boating accident, victims have up to two years within the time to file a civil suit. Depending on the laws of the state and any special circumstances, this deadline may be extended. A common defense tactic of insurance companies is to claim that the plaintiff who was injured shared some responsibility for their own injury. Our NYC lawyers for boat accidents fight hard to debunk these allegations and limit the amount of responsibility attributed to you. This will ensure that you receive the maximum amount of compensation. If your injury resulted from the negligence of an agency of government or a government agency, a different set of rules will apply. These cases will often involve the State of New York, and a knowledgeable attorney can assist in navigating these unique provisions.