What Is Boat Accident Litigation? Every year boating accidents cause a lot of injuries. These accidents are more serious than car accidents because there is no seat belt in place and the injuries are generally more severe. To get compensation, you must prove negligence. To establish negligence, a lawyer must establish that someone owed you a duty and breached this obligation directly causing your injury. The reason for the accident The first step following an accident on a boat is to ensure everyone involved is safe and free from immediate danger. Your attorney will then gather all the relevant information including the names and contact information of those involved in an accident, as well as eyewitnesses. The next step is to conduct a thorough investigation into the cause of the accident. This involves taking a look at the evidence to determine how the accident occurred, including any damage or injuries that could be caused by the crash. Human error is a major cause of many boat-related accidents. These mistakes can lead to tragedy, whether the operator was distracted, driving at unsafe speed, drunk on the water, or simply making bad choices during an emergency. Other boat accidents result of mechanical issues or parts that are defective. If these issues caused the accident, your lawyer will investigate and determine if responsibility for the product is at issue. Some boat accidents result in drowning or head trauma because of a collision with another vessel or other object. This can result in a person falling overboard, which accounts for 70 percent of all deaths reported in New York since 2005. These accidents also happen when a boat hits fixed objects, such as bridges and piers, or submerged rocks. Damages While no amount of money can bring the loved ones back who were injured or killed in an accident on the water Compensation can assist victims and their families to recover financial losses caused by the incident. A successful claim will pay for the cost of medical bills and lost wages due time off work and other expenses. Similar to car accidents, to get compensation for damages incurred in a boating accident, victims must show that the person responsible for their injuries violated their obligation of care and this breach was the direct cause of their damages. Boat operators could violate their duty of care by driving under the influence of alcohol or speeding while on the water. It is crucial that victims collect as much information as possible after a boating accident. https://vimeo.com/709626492 includes obtaining the names and contact information of anyone who witnessed the accident occur and who can provide an account of the witness. This can aid in proving your case in court or when dealing with the insurance company of the party at fault. In addition to pursuing claims against the boat owner or operator, injured victims may also pursue product liability lawsuits against the manufacturers of defective boats. A lawyer who specializes in boating accidents can aid injured victims determine whether the manufacturer is accountable. Additionally, in the event that government agencies are responsible for creating danger on the water, it may be possible to bring an federal maritime law claim against them. Liability In a negligence case the plaintiff must prove that the negligent actions of another party led to their injuries. This means that you must show that the defendant owed you an obligation of care, and that they did not fulfill this duty, and that their breach was the main reason for your injury. Anyone who operates a boat is responsible for the safety of his or her passengers. This includes supplying life vests, ensuring that the vessel is safe and sound, and not speeding it up. If a boater violates this obligation and causes harm to someone else, they can be held responsible. Mechanical failures can be a leading cause of boating accidents. A malfunctioning engine, electrical system or gear shifts, for example could result in a fatal boat crash. Your New York boat accident lawyer will examine the circumstances to determine if there's product liability involved and hold the manufacturers accountable. Victims of injuries are legally entitled to recover past and future medical expenses such as ambulance service charges and doctor bills and hospital treatment costs such as nursing services and costs of medications. Victims of injuries are also able to claim lost earnings according to their injuries and if they are not able to return to work. Additionally, you could be entitled to compensation for any pain and suffering that you endured in the aftermath of the accident. Statute of Limitations When we refer to legal action involving a boat accident, it is a legal term that encompasses any watercraft accident that causes serious injuries. Like a car crash claim, seeking compensation involves investigation into what happened by identifying and evaluating all liable parties, and in calculating the amount of damages owed to the victim. This process can take months to years if necessary to bring a lawsuit against an insurance company. Negligent acts are the reason behind numerous boat accidents. Negligence is defined as any action that fails to meet the standards of care that reasonable people would have exercised in a particular circumstance. In the event of negligence, it can lead to serious injuries, or even death, whether it's the result of a collision with an object that is stationary, a collision between a boat and another, or a drowning. Typically those who suffer from boat accidents have two years to start a civil lawsuit. Depending on the state law and any special circumstances, this deadline may be extended. Insurance companies often use the defense that the plaintiff injured is partly responsible for their injuries. Our NYC lawyers who represent victims of boat accidents work for you to disprove and limit the amount that is attributable to you. This will ensure that you receive the most amount of compensation. If your injury resulted from the negligence of a government agency, then a different set rules will be in place. These cases usually involve the State of New York, and a skilled attorney can assist in navigating these unique rules.