What Is Boat Accident Litigation? Every year boating accidents result in a variety of injuries. These incidents are more severe because there is no safety belt on the boat and the injuries could be more severe. To be eligible for compensation you must prove that you were negligent. To demonstrate negligence, a lawyer must establish that someone owed you an obligation and the breach of that duty directly resulting in your injury. The reason for the accident After a boating incident, the first thing to do is to ensure that everyone is safe. Once this is accomplished your lawyer will gather crucial information like names and contact information for those who were involved in the accident as well as eyewitnesses. The next step will be to conduct an in-depth investigation into the accident's cause. This involves taking a look at the evidence to see how the accident happened, including any damage or injuries that could be an outcome of the accident. Human error is the main cause of a lot of boat accidents. These errors can lead to tragedy, whether the operator was distracted, driving at unsafe speeds, drunk on the boat or making bad decisions in the face of an emergency. Other boat accidents occur because of mechanical issues or parts that are defective. If these causes caused the accident your lawyer will conduct an investigation and determine if the liability of the manufacturer is in question. Still other boat accidents result in head trauma or drowning due to collisions with another vessel or object. This could include a fall overboard and causing 70 percent of all boating deaths reported in New York since 2005. These accidents also happen when a boat comes into contact with fixed objects like bridges or piers, or submerged rocks. Damages While there is no way to bring the loved ones back who were injured or killed in boating accidents the compensation offered by compensation can help victims and their families deal with financial losses incurred by the accident. A successful claim can cover medical costs, lost wages from time off due to injury, and other costs. As with car accidents, victims injured in a boating accident must prove that the person responsible for their injuries did not fulfill their duty of care, and that the breach was the cause of their injuries. For instance an operator of a boat may breach this duty by operating their boat under the influence of alcohol or while speeding on the water. It is vital that victims gather as much information as possible after a boating incident. It is vital to collect the contact details and names of anyone who witnessed the accident and could provide a detailed account. This will help you strengthen your case in court or when dealing with the insurance company of the party who is at fault. Injured victims are able to file product liability lawsuits, in addition to claims against the owner of the boat and operator. An attorney who is specialized in boating accidents can aid injured victims determine if the manufacturer is accountable. If the government is responsible for causing danger on the water it may be possible to file an federal maritime claim against them. Liability In a negligence case the party who suffered the injury must prove that the negligent actions of another party caused their injuries. You must prove that the defendant was obligated to you of care, but violated this duty, and that their breach was directly responsible for your injuries. Anyone who operates a boat is responsible for the security of the passengers. This includes providing life jackets, making sure the vessel is water-tight and not operating at excessive speed. If a boat driver violates the rules and hurts someone other person, they may be held accountable. Mechanical problems can also be a leading cause of boating accidents. A defective engine, electrical system or gear shifts, for example can cause an accident that kills a boater. In these cases the New York boat accident attorney will investigate to determine if the manufacturer is responsible and hold the manufacturer responsible. Injured victims can claim past and future medical expenses which include ambulance charges or doctor bills as well as hospital treatment costs. They may also be able to claim for nursing services as well as nursing and medication services. Victims of injuries may be able to claim lost wages, too, depending on the severity of their injuries and whether they are incapable of returning to work. You may also be entitled to compensation for pain and suffering you suffered in the aftermath of the accident. Statute of limitations Boat accident litigation is a legal term that refers to any incident involving watercrafts which causes serious injury. Similar to an automobile accident, calculating damages and identifying the parties responsible is a part of the compensation process. If you are required to file a suit against an insurance company, this process can take from months to years. Many boat-related accidents occur as a result of negligence. Negligence can be defined as any action that fails to reflect the standard of care that a reasonable person would have applied under a specific circumstance. Negligent actions can result in serious injuries or even death, whether it's an accident with the stationary object, the collision of a boat and another vessel, or a drowning. Typically victims of boat accidents have two years to bring a civil lawsuit. However, based on state law and special circumstances that exist the deadline could be extended. https://vimeo.com/709535340 use the argument that the plaintiff injured is partly responsible for their injuries. Our NYC boat accident lawyers fight hard to challenge and reduce the amount awarded to you. This will allow you to receive the highest amount of compensation possible. If your injury was the result of the negligence of a government agency the different set of rules will apply. These cases often involve the State of New York. A skilled attorney can help you navigate these specific rules.