What Is Boat Accident Litigation? Many people are injured in boating accidents each year. These accidents are more serious since there is no safety belt, and the injuries can be more serious. Like in a car accident lawsuit it is necessary to prove of negligence in order to get compensation. To establish negligence, an attorney must prove that someone had a duty to you and then breached it in direct way which caused your injury. The reason for the accident After a boating accident, the first thing you need to do is ensure that everyone is safe. After that, your attorney will collect important information, including names and contact numbers of those who were involved in the incident and eyewitnesses. https://vimeo.com/709593165 is to conduct a thorough investigation into the cause of the accident. This will include examining the evidence to determine why the accident happened, as well as any injuries or damages that resulted from the accident. Human error is the root cause of a lot of boat accidents. It doesn't matter if the person was distracted or driving at unsafe speeds or drunk while boating, or making poor judgement calls during an emergency situation such mistakes can result in tragedy. Other boat accidents are caused by mechanical problems or defective components. If the accident was caused by these kinds of issues, your lawyer will investigate to determine if liability for the product is at issue. Still other boat accidents result in drowning or head trauma as a result of a collision another vessel or other object. Overboard falls are among 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 While the sum of money won't bring families back loved ones who were injured or killed in boating accidents Compensation can help victims and their families overcome financial burdens caused by the accident. A successful claim will be able to cover medical costs and lost wages resulting from working hours taken off and other expenses. The same as with car accidents, to claim damages for accidents involving boats victims must prove that the person who caused their injuries was negligent in their duty of care and that this breach was the sole reason behind their injuries. For example the boat owner could breach their duty of care by operating their boat under the influence of alcohol or while speeding on the water. After a boating incident, it is important to gather as much data about the accident as possible. It is essential to obtain the names and contact details of all witnesses to the incident and who can provide a detailed account. This can strengthen a case in court or with the at-fault party's insurance company. Victims injured may file a lawsuit for product liability, in addition to claims against the boat owner and operator. An attorney who is specialized in boating accidents can assist injured victims determine whether the manufacturer is responsible. In addition, if government agencies are responsible for causing an unsafe situation on water, it could be possible to pursue a federal maritime law claim against them. Liability In a case of negligence the injured party must prove that another's negligence caused their injuries. You must prove that your defendant was bound by a duty of care, but violated the duty, and that their breach was directly responsible for your injury. Anyone who operates a vessel is responsible for the security of the passengers. This includes supplying life jackets, ensuring the vessel is seaworthy and not operating it at excessive speed. If a driver of a boat violates this duty and harms someone other person, they may be held accountable. Mechanical failures can also be one of the major causes of boat accidents. For instance, a faulty engine and electrical system or shift could cause 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. The injured victim is entitled to claim the cost of medical treatment in the past and in the future, including ambulance service fees as well as doctor's bills as well as hospital treatment costs such as nursing services and costs of prescription drugs. Injured patients may also be entitled to compensation for lost wages, depending on their injuries and not able 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 When we talk about boat accident litigation, it is legal term that covers any watercraft accident that causes serious injuries. Similar to in a car crash in calculating damages and identifying all parties responsible is part of the compensation process. The process can take from months to years if necessary to file a lawsuit against an insurance company. Many boat accidents occur because of negligence. Negligence is any action that does not meet the standards of care that a reasonable person would have exercised in a specific situation. In the event of negligence, it can lead to serious injuries or even death, whether it's a collision with an object that is stationary, the collision of a boat and another vessel, or a drowning. Typically those who suffer from boat accidents have two years to bring a civil lawsuit. Based on the law of the state and any special circumstances this deadline may be extended. A common defense strategy employed by insurance companies is to say that the plaintiff injured was a part of the blame for their own injury. Our NYC boat accident lawyers fight hard to challenge and limit the amount that is assigned to you. This will ensure that you receive the maximum financial award possible. If your injury was the result of the negligence of a government agency, then a different set rules will be in place. These cases typically involve the State of New York, and a knowledgeable attorney can assist in navigating these unique rules.