What Is Boat Accident Litigation? Every year, boating accidents cause many injuries. These accidents are more serious than car crashes due to the fact that there is no seat belt, and the injuries are usually more severe. Like in a car accident lawsuit it is necessary to prove of negligence to receive compensation. To show https://vimeo.com/709629786 , a lawyer must establish that an individual owed a duty to you and then breached it in direct way causing your injury. Cause of the Accident The first step after a boat accident involves ensuring everyone involved is safe and protected from immediate danger. Once this is accomplished, your attorney will collect important details, such as names and contact numbers for the people involved in the accident and eyewitnesses. The next step is to conduct a thorough investigation into the causes of the accident. This includes analyzing the evidence to determine how the accident occurred, as well as any injuries or damages resulting from the crash. Many boat accidents happen because of human error. These errors can lead to tragedy, regardless of whether the boat operator was distracted, driving at unsafe speed, drunk on the water or simply making poor decisions during an unexpected emergency. Other boat accidents are caused by mechanical problems or parts that are not working properly. If the accident was caused by these types of issues, your attorney will investigate to determine if liability for product defects is at issue. Some boat accidents result in drowning or head trauma due to collisions 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 also happen when a vessel collides with fixed objects, such as piers or bridges, or submerged rocks. Damages Compensation can assist families and victims cope with the financial losses caused by an accident. A successful claim may cover medical expenses, lost wages from absences due to injuries, as well as other costs. The same as with car accidents, in order to recover damages from a boating accident victims must prove that the person who caused their injuries breached their duty of care, and that 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 vital that victims gather as much information as possible following a boating crash. This includes obtaining the names and contact numbers for anyone who saw the accident take place and can provide a witness account. 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 owner of the boat or operator, injured victims can also pursue product liability lawsuits against manufacturers of defective boats. An attorney who is specialized in boating accidents can aid injured victims determine if the manufacturer is accountable. In the event that the government is responsible for causing danger on the water it may be possible to file a federal maritime claim against them. Liability In a negligence claim the person who is injured must establish that the negligent acts of a third party resulted in their injuries. You must prove that your defendant was bound by a duty of care, but violated this duty, and that their breach was directly accountable for the injury you sustained. Anyone who owns a boat is responsible for the safety of their passengers. This includes providing life jackets and making sure the vessel is water-tight and not operating at an excessive speeds. If a boat driver breaches this obligation and causes harm to someone or anyone else, they could be held accountable. Mechanical failures can be an important cause of boating accidents. For instance, a faulty engine, electrical system or gear shift could lead to an accident that is fatal. In these instances you New York boat accident attorney will determine if any product liability exists and hold the manufacturer responsible. Injured victims are entitled to reimbursement of past and future medical expenses, including ambulance service fees medical bills, hospital treatment costs including nursing services, as well as the cost of medication. Injured victims might be able to also claim lost wages dependent on the severity of their injuries and if they are in a position to return to work. In addition, you may be entitled to compensation for any pain and suffering you endured as a result of the accident. Statute of Limitations When we speak of lawsuits arising from boat accidents as legal and covers any watercraft accident that causes serious injuries. Like a car crash claim, seeking compensation requires finding out what happened as well as identifying and evaluating the responsible parties, and making a calculation of the damages due to the victim. If you have to make a claim against an insurance company, this process can last from months to years. Many boat-related accidents occur as a result of the negligence of others. Negligence is defined as any act that does not reflect the standard of care reasonable people would have exercised in an unforeseen circumstance. Whether it is a collision with another boat or a stationary object, or a fatal drowning reckless actions can cause grave injuries or even death. Typically victims of boat accidents have two years to make a civil suit. Depending on the laws of the state and any special circumstances, the deadline may be extended. Insurance companies frequently use the argument that the injured plaintiff is partly responsible for their injuries. Our NYC boat accident lawyers fight hard to challenge and limit the amount assigned to you. This will ensure that you receive the highest amount of compensation. If your injury resulted from the negligence of a government agency and a different set of rules will be in place. These cases will typically involve the State of New York, and an experienced attorney can assist in navigating these specific regulations.