What Is Boat Accident Litigation? Many people are hurt in boating accidents each year. These accidents are more serious due to the fact that there is no safety belt on the boat and the injuries are more serious. To get compensation you must prove negligence. To prove negligence, a lawyer must establish that someone owed you the duty of care and that breach of this obligation directly causing your injury. Cause of the Accident After a boating incident, the first step is ensure that everyone is safe. Your attorney will then gather all the necessary information including the names and contact details of those involved in an accident, as well as witnesses. The next step is to conduct a thorough investigation into the cause of the accident. This will include looking over the evidence to determine how the accident occurred and also any injuries or damages that might have occurred as caused by the accident. Human error is the root cause of many boat accidents. If the boater was distracted or driving at unsafe speeds or drunk, or making poor judgement calls during an emergency situation These kinds of errors can result in tragedy. Other boat accidents occur because of mechanical malfunction or defective components. If the accident was caused by these kinds of issues, your attorney will determine if the liability of the manufacturer is at issue. Other boat accidents can cause drowning or head injuries due to collisions with another vessel or object. Falling overboard is one of the most frequent causes of fatalities involving boats in New York. These accidents can also result from a boat colliding with fixed objects, such as bridges, piers, or submerged rocks. Damages Compensation can help victims and families deal with the financial burdens due to an accident. A successful claim could cover medical costs, lost wages from the absence of work due to injury, and other costs. As with car accidents, victims injured in a boating accident must establish that the person responsible for their injuries did not fulfill their duty of care, and that the violation caused their injuries. Boat operators may violate their duty of care by driving under the influence of alcohol or speeding while on the water. It is important that victims gather as much information as possible following a boating accident. It is important to get the names and contact numbers of any person who witnessed the accident and provide a detailed account. This can help strengthen your case in court or when dealing with the insurance company of the party at the fault. Victims who have been injured may file lawsuits for product liability in addition to claims against the boat's owner and operator. An attorney who is specialized in boating accidents can help injured victims determine whether the manufacturer is accountable. If the government is responsible for creating danger in the water, it may be possible to file an federal maritime claim against them. Liability In a negligence case, the injured party must prove that the negligent actions of another party caused their injuries. You must prove that your defendant was obligated to you of care, and breached that 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, ensuring that the vessel is safe to use, and not speeding it up. If a boat driver breaches this duty and causes harm to other person, they may be held responsible. Mechanical failures are also an important cause of boat accidents. A defective engine, electrical system or gear shifts, for instance could result in a fatal boat crash. In these situations the New York boat accident attorney will determine if there is a product liability issue and hold the manufacturer responsible. Victims of injuries are entitled to recover past and future medical expenses which include ambulance service fees medical bills, hospital treatment costs such as nursing services and costs of prescription drugs. Injured victims may be able to claim lost wages, too dependent on the severity of their injuries as well as whether they are incapable of returning to work. You could also be entitled to compensation for pain and suffering you suffered due to the accident. Statute of Limitations Boat accident litigation is a legal term that refers to any incident that involves a watercraft which causes serious injury. Similar to a car accident claim, seeking compensation requires finding out what happened by identifying and evaluating all accountable parties, and then calculating damages owed to the victim. If you need to file a suit against an insurance company, this process could take from months to several years. Many boat accidents occur because of negligent actions. https://vimeo.com/709773173 can be defined as any act that does not be in line with the standard of care that a reasonable person would have used in a particular circumstance. Whether it is an accident with another boat, a stationary object or a fatal drowning reckless actions can cause serious injuries and even death. Typically, victims of boat accidents have two years to bring a civil lawsuit. Depending on the state law and any special circumstances, this time frame can be extended. One common defense tactic employed by insurance companies is to say that the plaintiff who suffered injury shared some responsibility for their own injuries. Our NYC lawyer for boat accidents will work hard to disprove these claims and reduce the amount of responsibility attributed to you. This will help you receive the highest amount of compensation possible. If your injury was caused by the negligence of a government agency the different set of rules will be in place. These cases usually involve the State of New York, and an experienced attorney can assist in navigating these unique laws.