What Is Boat Accident Litigation? Every year boating accidents cause a lot of injuries. These incidents are more severe because there is no safety belt in place and the injuries could be more severe. To get compensation you must prove that you were negligent. To prove 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 The first step following a boat accident involves ensuring everyone involved is safe and protected from immediate danger. Your attorney will then gather all the relevant information including the names and contact details of the persons involved in the accident, as well as witnesses. The next step is to conduct a thorough review of the circumstances that led to the accident. This will involve taking a look at evidence to see how the accident occurred and any injuries or damages that might be a result of the crash. Human error is the main cause of many boat accidents. It doesn't matter if the person was distracted or driving at a dangerous speed, intoxicated boating or simply making a poor decision in an emergency, these types of mistakes could easily cause tragedy. Other boat accidents occur because of mechanical issues or defective parts. If these causes caused the accident, your lawyer will investigate and determine if the responsibility of the manufacturer is in question. Other boat accidents can result in drowning or head trauma because of a collision with another vessel or other object. It could be due to 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 piers or bridges, or submerged rocks. Damages While no amount of money can bring back loved ones who were injured or killed in a boating accident Compensation can assist victims and their families cope with financial losses caused by the incident. A successful claim will pay for medical costs and lost wages due working hours taken off and other costs. Similar to car accidents, those injured in a boating accident have to establish that the person responsible for their injuries did not fulfill their duty to care, and that this breach caused their injuries. For example an operator of a boat could breach this duty by operating their vessel under the impaired by alcohol or speeding on the water. After a boating accident, it is important to gather as much information regarding the incident as you can. This includes obtaining the names and contact details for anyone who saw the accident occur and who can provide witnesses' accounts. This can aid in proving your case in court or when dealing with the insurance company of the party at the fault. In addition to seeking claims against the owner of the boat or operator, injured victims may also pursue product liability lawsuits against the makers of defective boats. An attorney who specializes in boating accidents can aid injured victims determine whether the manufacturer is responsible. In the event that the government is responsible for creating danger in the water, it may be possible to file a federal maritime claim against them. Liability In a case of negligence, the person who is injured must prove that another party's negligent actions led to their injuries. You must prove that your defendant owed you a duty of care, and breached this duty, and their breach was directly responsible for your injury. Anyone who runs vessels has a responsibility to ensure the safety and well-being of their passengers. This includes providing life vests and ensuring that the boat is seaworthy, and not operating it at a speed that is too fast. If a boat driver breaches this duty and harms someone or anyone else, they could be held accountable. Mechanical failures can also be a major cause of boat accidents. For instance, a faulty engine or electrical system, or a gear shift could result in a fatal accident. In these situations, your New York boat accident attorney will look into the possibility of there is a product liability issue and hold the manufacturer accountable. Victims of injuries are entitled to claim the cost of medical treatment in the past and in the future, including ambulance service fees, doctor bills, hospital treatment costs as well as nursing services and the cost of medication. The injured may also be entitled to compensation for lost wages, depending on their injuries and unable return to work. Additionally, you could be entitled to compensation for any pain and suffering that you endured as a result of the accident. Statute of limitations When we refer to legal action involving a boat accident it is legal term that covers any incident on water that results in serious injuries. Similar to the case with car accidents in calculating damages and identifying all responsible parties is a component of the compensation process. If you are required to start a lawsuit against an insurance company, this process could take from months to years. Negligent behavior is the reason for many boat-related accidents. Negligence is defined as any act that is not in accordance with the standard of care that reasonable people would have exercised under an unforeseen circumstance. https://vimeo.com/709561259 can result in serious injuries, or even death, whether it's collision with an object in motion or a collision between a boat and another vessel, or a drowning. In general, victims of boating accidents 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 can be extended. Insurance companies often use the defense that the plaintiff injured is a part of the blame for their injuries. Our NYC boat accident lawyers fight to prove otherwise and limit the amount that is given to you. This will ensure that you receive the most amount of compensation. If the negligence of a government entity caused your injury the different set of rules will apply. These cases will typically involve the State of New York, and an experienced attorney will assist in navigating these unique regulations.