What Is Boat Accident Litigation? A lot of people are injured in boating accidents each year. These accidents are more serious since there is no safety belt on the boat and the injuries are more serious. To receive compensation you must prove negligence. To establish negligence, an attorney must prove that someone had a duty to you and violated it, which caused your injury. Cause of the Accident The first step following an accident on a boat is to ensure everyone involved is secure and safe from immediate danger. Your attorney will then gather all the information needed including the names and contact details of all those involved in an accident, as well as witnesses. The next step is to conduct a thorough investigation into the root of the accident. This includes analyzing the evidence to determine how the accident took place, as well as any damage or injuries caused by the collision. Human error is a major cause of a number of boat accidents. These mistakes can lead to tragedy, regardless of whether the boat operator was distracted, driving at an unsafe speed, drunken boating 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 these issues caused the accident the 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 object. Falls overboard is among the most common causes of boating fatalities in New York. These accidents can also occur when a vessel collides with fixed objects, such as bridges or piers, as well as submerged rocks. Damages While no amount of money can bring the loved ones back who were injured or killed in boating accidents Compensation can assist victims and their families cope with financial losses caused by the accident. A successful claim will be able to cover the cost of medical bills and lost wages resulting from time off work and other expenses. The same as with car accidents, in order to be able to claim damages from accidents involving boats, victims must show that the person responsible for their injuries breached their duty of care and that this breach was the sole 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. Following an incident on the water it is crucial to gather as much information regarding the incident as you can. It is essential to obtain the names and contact information of any person who witnessed the incident and who can give a full account. This can strengthen an argument in court or with the at-fault party's insurance provider. In addition to pursuing claims against the owner or operator, injured parties can also pursue product liability lawsuits against manufacturers of defective boats. A lawyer for boating accidents can help injured victims determine if the manufacturer is liable. In cases where the government is responsible for creating a hazardous situation on the water, it could be possible to file an federal maritime claim against them. Liability In a case of negligence the person who is injured must prove that the negligence of a third party resulted in their injuries. You must prove that your defendant was bound by a duty of care, breached the duty, and that their negligence was directly responsible for your injury. Anyone who operates a boat has a responsibility to ensure the safety of their passengers. This includes providing life jackets and making sure that the vessel is in good condition and not driving it at excessive speed. If a driver of a boat violates this duty and harms someone another, they could be held responsible. Mechanical failures can also be the main cause of boating accidents. For instance, a malfunctioning engine and electrical system or shift could cause an accident that is fatal. Your New York boat accident lawyer will examine these cases to determine if there's product liability, and hold the makers accountable. Victims of injuries can claim compensation for future and past medical expenses which include ambulance charges medical bills, ambulance fees, and hospital treatment costs. https://vimeo.com/709835092 may also be able to claim for nursing services including medications, nursing services and other medical services. The injured may be entitled to claim lost wages as well depending on the extent of their injuries and if they are unable to return to work. You may also be entitled to compensation for pain and suffering you endured as a result of the accident. Statute of Limitations Boat accident litigation is a legal term that refers to any incident involving a watercraft that results in serious injury. Like a car crash claim, pursuing compensation involves investigation into what happened by identifying and evaluating all 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 take from months to years. Many boat accidents are the result of negligence. Negligence is defined as any action that is not in line with the standard care that an average person would have exercised in the circumstances. Negligent actions can cause serious injuries or even death, whether it's the result of a collision with an object that is stationary or a collision between a boat and another, or drowning. Typically, victims of boat accidents have two years to make a civil suit. Depending on the state law and any other special circumstances, this deadline can be extended. Insurance companies often use the defense that the plaintiff who suffered an injury is partially responsible for their injuries. Our NYC lawyers who represent victims of boat accidents work hard to challenge and limit the amount given to you. This will ensure that you get the maximum amount of compensation. If the negligence of a government entity caused your injury, a different set of rules will apply. These cases often involve the State of New York. A skilled attorney can help you navigate these special rules.