What Is Boat Accident Litigation? Every year boating accidents cause a lot of injuries. These accidents are more dangerous than car crashes because there is no seat belt. Also, the injuries are usually more severe. As in a car crash lawsuit there must be evidence of negligence in order to be compensated. To show negligence, a lawyer must establish that someone had a duty to you and acted in breach of it directly and caused injury. The cause of the accident After a boating accident, the first thing to do is to ensure that everyone is safe. Your lawyer will then gather all the necessary information including the names and contact details of all those involved in an accident as well eyewitnesses. The next step will be to conduct a thorough investigation into the causes of the accident. This will include examining the evidence to determine why the accident happened and any injuries or damages caused by the accident. Human error is the main cause of a lot of boat accidents. Whether the operator was distracted or driving at a dangerous speed or drunk, or making a poor decision in an emergency These kinds of errors can easily lead to tragedy. Other boat accidents result of mechanical failure or defective components. If the accident was caused by these types of issues, your attorney will determine if liability for product defects is at issue. Other boat accidents can result in head trauma or drowning because of a collision with another vessel or object. This can include falling overboard and causing 70 percent of all boating deaths reported in New York since 2005. These accidents may also occur when a boat comes into contact with fixed objects like bridges and piers, or submerged rocks. Damages While no amount of money will bring the loved ones back who were injured or killed in a boating accident and compensation may help victims and their families to recover financial losses caused by the incident. A successful claim can cover medical costs, lost wages from time off due to injury, and other costs. Similar to car accidents, in order to get compensation for damages incurred in an accident involving a boat, victims must show that the person responsible for their injuries was negligent in their obligation of care and this breach was the direct cause of their damages. Boat operators can violate their duty of care by driving under the influence or speeding on the water. After a boating incident it is crucial to gather as much data about the accident as possible. It is vital to collect the contact details and names of all witnesses to the accident and could provide a detailed account. This can help in proving the case in court or with the at-fault party's insurance company. Victims injured are able to file product liability lawsuits in addition to claims against the boat owner and operator. A lawyer who specializes in boating accidents can assist injured victims determine whether the manufacturer is responsible. In addition, if government agencies are responsible for causing danger on the water, it may be possible to file a federal maritime law claim against them. Liability In a claim for negligence the plaintiff must demonstrate that the negligent actions of another party caused their injuries. You must prove that the defendant was obligated to you of care, breached that duty, and their breach was directly accountable for the injury you sustained. https://vimeo.com/709525419 who is operating a boat is responsible for the safety of its passengers. This includes providing life vests and ensuring that the boat is safe and sound, and not speeding it up. If a boater violates the rules and hurts someone another, they could be held accountable. Mechanical problems can also be one of the most common causes of boating accidents. For instance, a damaged engine, electrical system or gear shift could cause a fatal accident. Your New York boat accident lawyer will look into the circumstances to determine if there is product liability, and hold the manufacturers responsible. Victims of injuries can claim compensation for past and future medical expenses, including ambulance fees or doctor bills as well as hospital treatment costs. They 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, too dependent on the severity of their injuries as well as whether they are unable to return to work. You could also be entitled to compensation for pain and suffering you experienced in the aftermath 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, seeking compensation involves looking into the incident, identifying and evaluating all accountable parties, and then making a calculation of the damages due to the victim. If you must make a claim against an insurance company, the process can take from months to years. Many boat-related accidents occur as a result of negligent actions. Negligence can be defined as any action that fails to reflect the standard of care that a reasonable person would have used in a particular circumstance. Negligent actions can cause serious injuries or even death, whether it's a collision with an object that is stationary or a collision between a boat and another, or a drowning. Typically, victims of boat accidents have two years to bring a civil lawsuit. Depending on the laws of the state and any other circumstances, the deadline may be extended. A common defense strategy employed by insurance companies is to say that the injured plaintiff took some responsibility for their own injuries. Our NYC lawyer for boat accidents will work hard to disprove these allegations and limit the amount of blame that is assigned to you. This will ensure that you receive the highest amount of compensation. If your injury was caused by the negligence of an agency of government the different set of rules will be in place. These cases typically involve the State of New York. An experienced attorney can assist you navigate these particular rules.