What Is Boat Accident Litigation? Every year boating accidents result in a variety of injuries. These accidents are more serious than car accidents due to the fact that there is no seat belt, and the injuries are generally more severe. In order to receive compensation to be compensated, you must prove negligence. To demonstrate negligence, a lawyer must prove that someone owed you the duty of care and that breach of this obligation directly led to your injury. The cause of the accident After a boating incident, the first step is to ensure that everyone is safe. The lawyer will then collect all the information needed including the names and contact details of all those involved in an accident as well witnesses. The next step is to conduct a thorough investigation into the causes of the accident. This will include reviewing the evidence to see how the accident happened and also any damage or injuries that could have occurred as caused by the accident. Many boat accidents happen because of human error. If the boater was distracted or driving at a speed that was unsafe or drunk, or making poor judgment calls in an emergency such mistakes can lead to disaster. Other boat accidents are the result of mechanical problems or defective components. If these problems caused the accident your lawyer will conduct an investigation and determine if product responsibility is at issue. Other boat accidents can result in head injuries or drowning due to collisions with another vessel or with an object. This can include falling overboard, which accounts for 70 percent of all boating deaths reported in New York since 2005. These accidents can also be the result of a boat colliding with fixed objects, such as bridges, piers and rocks. Damages Compensation can help families and victims cope with the financial losses that result from an accident. A successful claim could cover medical expenses, lost wages due to time off work due to injuries, and other expenses. The same as with car accidents, to claim damages for an accident involving a boat victims must prove that the person responsible for their injuries breached their duty of care and this breach was the primary cause of their damages. Boat operators can violate their duty of care by driving under the influence of alcohol or speeding while on the water. After a boating accident it is essential to gather as much information regarding the incident as you can. This includes gathering the names and contact numbers for anyone who saw the incident happen and can provide a witness account. This will help you strengthen your case in court or when dealing with the insurance company of the party who is at the fault. Victims of injuries may file a lawsuit for product liability, in addition to claims against the boat owner and operator. A lawyer who specializes in boating accidents may help injured victims determine whether the manufacturer is responsible. In cases where the government is responsible for creating a hazardous situation on the water, it could be possible to bring a federal maritime claim against them. Liability In a negligence case, the person who is injured must prove that a third party's negligent actions led to their injuries. You must prove that the defendant was obligated to you of care, and breached that duty, and their breach was directly accountable for your injury. Anyone who operates a vessel has a responsibility to ensure the safety of its passengers. This includes providing life jackets as well as ensuring that the vessel is safe, and speeding it up. If a boat driver breaches this duty and harms someone another, they could be held responsible. Mechanical failures can be one of the most common causes of boating accidents. For instance, a damaged engine and electrical system or shift could result in a fatal accident. Your New York boat accident lawyer will investigate the circumstances to determine if there is product liability involved and hold the manufacturers responsible. Victims of injuries can claim compensation for future and past medical expenses, including ambulance fees as well as doctor bills and hospital treatment costs. They can also be able to claim nursing services including medications, nursing services and other medical services. Victims of injuries may be able to claim lost wages as well based on the severity of their injuries and whether they are unable to return to work. You may 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 used to describe any incident involving watercrafts which causes serious injury. Similar to a car accident claim, pursuing compensation involves investigation into what happened and identifying and evaluating all liable parties, and formulating the amount of damages due to the victim. This process can take from months to years if it is necessary to file a lawsuit against an insurance company. Negligent actions are the cause of many boat accidents. Negligence can be defined as any act that does not reflect the standard of care an average person would have exercised in circumstances. It could be an accident with another boat or a stationary object, or drowning death reckless actions can cause serious injuries, and even death. Typically, victims of boat accidents have two years to bring a civil lawsuit. Based on https://vimeo.com/709686440 of the state and any other special circumstances, this time frame can be extended. Insurance companies often use the defense that the injured person is a part of the blame for their injuries. Our NYC lawyers who represent victims of boat accidents work hard to challenge and limit the amount that is attributable to you. This will ensure that you receive the highest amount of compensation. If your injury was caused by the negligence of a government agency or a government agency, a different set of rules will be in place. These cases often involve the State of New York. An experienced attorney can assist you navigate these specific rules.