What Is Boat Accident Litigation? Many people suffer injuries in boating accidents each year. These accidents are more serious since there is no safety belt in place and the injuries could be more severe. As in a car crash lawsuit, there must be proof of negligence in order to get compensation. To prove negligence, an attorney must prove that someone has owed you a duty and then breached it in direct way which caused your injury. The cause of the accident Following a boating accident the first step is ensure that everyone involved is secure. Once this is done the attorney will collect important information including names and contact details for all those involved in the incident and eyewitnesses. The next step is to conduct a thorough investigation into the cause of the accident. This will include taking a look at the evidence to determine what caused the accident and also any injuries or damages that could be a result of the collision. Many boat accidents happen because of human error. These mistakes can cause tragedy, regardless of whether the boat operator was distracted, driving at dangerous speeds, drunk while boating or simply making poor decisions during an unexpected emergency. Other boat accidents occur because of mechanical failure or parts that are defective. If these causes caused the accident your lawyer will investigate and determine if the liability of the manufacturer is in question. Other boat accidents cause head injuries or drowning from collisions with a vessel or an object. This can include falling overboard, which accounts for 70 percent of all deaths from boating reported in New York since 2005. These accidents also happen when a vessel collides with fixed objects like bridges and piers, or submerged rocks. Damages Compensation can assist families and victims deal with the financial burdens that result from an accident. A successful claim can pay for medical costs, lost wages from the absence of work due to injuries, as well as 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 breached their obligation of care and this breach was the primary reason behind their injuries. Boat operators may violate their duty of care by driving under the influence of alcohol or speeding while on the water. It is crucial that victims gather the most information they can after a boating incident. This includes gathering the names and contact details for anyone who saw the accident take place and can provide a witness account. This could help bolster a case in court or with the insurance company. In addition to pursuing claims against the boat's owner or operator, injured people can also pursue product liability lawsuits against the makers of boats that are defective. A lawyer who specializes in boating accidents can assist injured victims determine if the manufacturer is accountable. If 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 negligence claim the plaintiff must prove that the negligent actions of a third party caused their injuries. This means you have to establish that the defendant was liable to you under the duty of care, that they breached their obligation, and that their breach was the main cause of your injury. Anyone who operates a boat has a duty to ensure the security of the passengers. This includes providing life vests, ensuring that the vessel is safe to use, and not speeding it up. If a boater fails to fulfill this obligation and causes harm to another the other party could be held liable. Mechanical failures are also a major cause of boat-related accidents. For example, a defective engine or electrical system, or even a gear shift could cause an accident that is fatal. Your New York boat accident lawyer will examine the circumstances to determine if there's product liability, and hold the makers accountable. Injured victims can claim past and future medical costs such as ambulance costs as well as doctor bills and hospital treatment costs. They may also be able to claim for nursing services as well as nursing and medication services. Injured victims might be able to claim lost wages, too based on the severity of their injuries and if they are not able to return to work. You could also be entitled to compensation for the pain and suffering that you experienced as a result of the accident. Statute of limitations When we talk about the legality of boat accidents as legal and covers any watercraft incident that results in serious injuries. Similar to an automobile accident, calculating damages and identifying the parties responsible is a part of the compensation process. If you need to bring a lawsuit against an insurance company, the process can last from months to several years. Negligent behavior is the reason for numerous boat accidents. Negligence is any action that fails to be in line with the standard of care that a reasonable person would have exercised in a particular situation. Negligent acts can cause serious injuries, or even death, whether it's the result of a collision with the stationary object or an accident between a vessel and another, or even a drowning. Typically, victims of boat accidents have two years to make a civil suit. However, depending on state law and special circumstances the deadline could be extended. Insurance companies often use the defense that the injured plaintiff is partly responsible for their injuries. Our NYC lawyers who represent victims of boat accidents work hard to disprove and limit the amount that is awarded to you. This will ensure that you receive the highest amount of compensation. If your injury resulted from the negligence of a government agency or a government agency, a different set of rules will be in place. https://vimeo.com/709633856 involve the State of New York. A skilled attorney can help you navigate these unique provisions.