What Is Boat Accident Litigation? Many people are injured in boating accidents each year. These accidents are more dangerous than car crashes because there is no seat belt. Also, the injuries are generally more severe. To get compensation to be compensated, you must prove negligence. To prove negligence, a lawyer has to prove that someone was owed a duty and breached this duty directly caused 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 protected from immediate danger. Your lawyer will then gather all the relevant information, including names and contact details of the people involved in the accident as well eyewitnesses. The next step is to conduct an extensive investigation into the cause of the accident. This will involve looking over the evidence to see how the accident occurred as well as any injuries or damages that might have been caused as a result of the collision. Many boat accidents occur because of human mistakes. These errors can lead to tragedy, whether the operator was distracted, driving at an unsafe speeds, drunk on the boat or making bad decisions in the face of an emergency. Other boat accidents are caused by mechanical problems or defective parts. If these causes caused the accident your lawyer will conduct an investigation and determine if the responsibility of the manufacturer 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 can result in a person falling overboard which accounts for 70 percent of all deaths reported in New York since 2005. These accidents can also occur when a vessel collides with fixed objects like bridges or piers, as well as submerged rocks. Damages Compensation can assist families and victims cope with the financial losses that result from an accident. A successful claim can pay for medical expenses, lost wages from absences due to injuries, and other expenses. The same as with car accidents, in order to recover damages from an accident involving a boat, victims must show that the person responsible for the injuries was in breach of their obligation of care and this breach was the main cause of their injuries. Boat operators may breach their duty of care by driving under the influence or speeding while on the water. It is crucial that victims gather as much information as they can following a boating accident. This includes gathering the names and contact information for anyone who saw the accident occur and who can provide testimony. This could help bolster an argument in court or with the at-fault party's insurance company. In addition to seeking claims against the owner of the boat or operator, injured people can also pursue product liability lawsuits against the makers of boats that are defective. An attorney who is specialized in boating accidents can help injured victims determine if the manufacturer is responsible. Additionally, in the event that government agencies are responsible for creating an unsafe situation on water, it could be possible to bring a federal maritime law claim against them. Liability In a negligence case the person who is injured must establish that the negligent acts of a third party caused their injuries. This means that you must show that the defendant was liable to you under an obligation of care, that they violated that obligation, and that the negligence was the primary cause of your injury. Anyone who operates a vessel is responsible for the safety of their passengers. This includes providing life jackets and ensuring that the vessel is safe to use, and not driving it too fast. If a boater violates this duty and harms someone or anyone else, they could be held responsible. https://vimeo.com/709631905 is also a major cause of boat accidents. A malfunctioning engine, electrical systems or gear shifts, for instance could result in an unfathomable boat accident. In these instances the New York boat accident attorney will determine if there is a product liability issue and hold the manufacturer accountable. Injured victims can claim past and future medical costs that include ambulance fees medical bills, ambulance fees, and hospital treatment costs. They can also claim nursing services including medications, nursing services and other medical services. Injured victims might be able to claim lost wages too based 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 When we talk about boat accident litigation as legal term that covers any watercraft incident that results in serious injuries. Like a car accident claim, seeking compensation entails finding out what happened as well as identifying and evaluating the 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 start a lawsuit against an insurance company. Negligent actions are the cause of many boat accidents. Negligence is defined as any act that does not reflect the standard care that reasonable people would have exercised under the circumstances. Negligent acts can cause serious injuries, or even death whether it's collision with an object that is stationary, the collision of a boat and another, or drowning. Typically those who suffer from boat accidents have two years to bring a civil lawsuit. But, depending on the state law and special circumstances the deadline could be extended. A common defense tactic used by insurance companies is to assert that the plaintiff injured had a share of responsibility for their own injury. Our NYC lawyers who represent victims of boat accidents work hard to challenge and limit the amount that is assigned to you. This will ensure that you receive the highest amount of compensation. If the negligence of a government agency has caused your injury and you were injured, a different set of rules will be in place. These cases typically involve the State of New York. A skilled attorney can help you navigate these unique provisions.