What Is Boat Accident Litigation? Each year boating accidents are the cause of many injuries. These accidents are more serious than car crashes due to the fact that there is no seat belt. Also, the injuries are typically more severe. Similar to a car accident lawsuit there must be proof of negligence in order to get compensation. To establish negligence, a lawyer must prove that someone owed you a duty and breached this duty directly resulting in 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. Once this is accomplished, your attorney will collect important information including names and contact details of those who were involved in the incident as well as eyewitnesses. The next step is to conduct an in-depth investigation into the accident's cause. This includes analyzing the evidence to determine why the accident took place and also any damage or injuries caused by the collision. Human error is the cause of many boat-related accidents. The operator may have been distracted or driving at a dangerous speed, intoxicated boating or simply making poor judgment calls in an emergency situation These kinds of errors can easily lead to tragedy. Other boat accidents happen because of mechanical issues or defective parts. If the accident was caused by these types of problems, your attorney will determine if the liability of the manufacturer is involved. Other boat accidents can result in head trauma or drowning because of a collision with another vessel or object. It could be due to falling overboard which accounts for 70 percent of all boating deaths reported in New York since 2005. These accidents also happen when a vessel collides with fixed objects such as bridges or piers, as well as submerged rocks. Damages While the sum of money won't bring families back loved ones who have been injured or killed in boating accidents Compensation can help victims and their families deal with financial losses incurred by the incident. A successful claim could cover medical expenses, lost wages resulting from the absence of work due to injuries, and other expenses. https://vimeo.com/709565752 as with car accidents, in order to claim damages for an accident involving a boat 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 an operator of a boat may breach their duty of care by operating their vessel under the under the influence of alcohol or speeding on the water. Following a boating accident it is crucial to gather as much data about the incident as you can. It is important to get the names and contact information of all witnesses to the accident and can provide a detailed account. This can help in proving the case in court or with the insurance provider. In addition to seeking claims against the owner of the boat or operator, injured parties can also file a product liability lawsuit against the makers of defective boats. An attorney who is specialized in boating accidents can assist injured victims determine if the manufacturer is responsible. In cases where the government is responsible for causing an unsafe situation in the water, it may be possible to bring an federal maritime claim against them. Liability In a case of negligence the plaintiff must prove that the negligence of another party led to their injuries. This means you have to prove that the defendant owed you the duty of care, that they breached this obligation, and that the negligence was the primary cause of your injury. Anyone who operates a vessel has a duty to ensure the security of the passengers. This includes providing life vests as well as ensuring that the vessel is seaworthy, and not operating it at a speed that is too fast. If a driver of a boat violates the rules and hurts someone else, they can be held accountable. Mechanical failure is also one of the major causes of boat accidents. A defective engine, electrical system or gear shift, for example can result in an unfathomable boat accident. Your New York boat accident lawyer will examine these cases to determine if there's product liability involved and hold the manufacturer accountable. The injured victim is entitled to recover past and future medical expenses that include ambulance service costs as well as doctor's bills as well as hospital treatment costs, nursing services and cost of prescription drugs. Injured victims may be able to also claim lost wages depending on the extent of their injuries and whether they are not able to return to work. You may also be entitled to compensation for pain and suffering you experienced due to the accident. Statute of limitations When we speak of boat accident litigation it is legal and covers any incident on water that results in serious injuries. Like a car accident claim, pursuing compensation involves investigation into what happened by identifying and evaluating all parties responsible, and formulating the amount of damages due to the victim. This process can take from months to years if it is necessary to make a claim against an insurance company. Negligent acts are the reason behind numerous boat accidents. Negligence can be defined as any act that does not reflect 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 an accident with a stationary object or an accident between a vessel and another, or even a drowning. Typically those who suffer from boat accidents have two years to bring a civil lawsuit. However, depending on the state law and special circumstances, this deadline may be extended. Insurance companies often rely on the excuse that the injured person is partially responsible for their injuries. Our NYC boat accident attorneys fight hard to debunk these allegations and limit the amount of responsibility attributed to you. This will allow you to get the highest amount of compensation possible. If your injury was caused by the negligence of an agency of government the different set of rules will apply. These cases typically involve the State of New York. A knowledgeable attorney can help you navigate these unique provisions.