What Is Boat Accident Litigation? Many people are hurt in boating accidents every year. These accidents are more dangerous than car crashes because there is no seat belt and the injuries are often more severe. Similar to a car accident lawsuit it is necessary to prove of negligence to claim compensation. To prove negligence, a lawyer must establish that someone owed you an obligation and the breach of that obligation directly led to your injury. The cause of the accident After a boating crash, the first thing you need to do is to ensure that everyone is secure. Your attorney will then collect all the necessary information, including names and contact information of those involved in an accident as well witnesses. The next step will be to conduct a thorough investigation into the cause of the accident. This will involve taking a look at the evidence to determine how the accident occurred as well as any injuries or damages that may be a result of the collision. Human error is the cause of a number of boat accidents. Whether the operator was distracted or driving at a speed that was unsafe, intoxicated boating or simply making a poor decision in an emergency such mistakes can result in tragedy. Other boat accidents happen because of mechanical malfunction or defective components. If the accident was caused by these kinds of problems, your attorney will determine if the liability of the manufacturer is at issue. Other boat accidents can result in head trauma or drowning due to a collision with another vessel or other object. It could be due to falling overboard and causing 70 percent of all deaths from boating reported in New York since 2005. These accidents can also occur when a boat comes into contact with fixed objects, such as bridges or piers, as well as submerged rocks. Damages Compensation can help victims and families cope with the financial losses caused by an accident. A successful claim could cover medical expenses, lost wages from the absence of work due to injuries, and other expenses. The same as with car accidents, to be able to claim damages from an accident on the water, victims must show that the person responsible for their injuries breached their duty of care and that this breach was the main cause of their injuries. For example, a boat operator might violate this duty by operating their vessel under the under the influence of alcohol or speeding on the water. It is essential that victims collect the most information they can following a boating accident. It is essential to obtain the names and contact information of all witnesses to the accident and can give a full account. This can help strengthen your case in court or when dealing with the insurance company of the party who is at fault. In addition to seeking claims against the owner or operator, injured people can also file a product liability lawsuit against the manufacturers of defective boats. A lawyer who specializes in boating accidents can help injured victims determine whether the manufacturer is responsible. In cases where government agencies are responsible for causing danger on the water, it may be possible to bring an federal maritime law claim against them. Liability In a case of negligence an injured person must prove that the other party's negligent actions caused their injuries. You must prove that the defendant was bound by a duty of care, violated the duty, and that their negligence was directly responsible for your injuries. Anyone who owns a boat has a duty to ensure the safety of their passengers. This includes providing life vests and ensuring that the boat is safe, and speeding it up. If a boat driver breaches the rules and hurts someone or anyone else, they could be held responsible. Mechanical failure is also the main cause of boat accidents. A malfunctioning engine, electrical system or gear shifts, for instance can cause a fatal boat crash. https://vimeo.com/709669151 will examine these cases to determine if there is product liability, and hold the manufacturers responsible. Injured victims can claim future and past medical expenses that include ambulance fees, doctor bills and hospital treatment costs. They can also be able to claim nursing services as well as nursing and medication services. Injured victims may be able to also claim lost wages based on the severity of their injuries and if they are in a position 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 When we refer to legal action involving a boat accident it is legal term that refers to any incident involving watercraft that results in serious injuries. Similar to a car accident claim, seeking compensation requires investigation into what happened by identifying and evaluating all responsible parties, and in calculating the amount of damages owed to the victim. If you have to bring a lawsuit against an insurance company, the process could take from months to several years. Negligent acts are the reason behind many boat-related accidents. Negligence can be defined as any act that is not in accordance with the standard of care reasonable people would have exercised under circumstances. Negligent acts can cause serious injuries or even death, whether it's a collision with an object that is stationary or collision between a boat and another, or even a drowning. Typically those who suffer from boat accidents have two years to file a civil lawsuit. However, based on state law and any special circumstances the deadline could be extended. Insurance companies often argue that the injured person is partly responsible for their injuries. Our NYC lawyer for boat accidents will are determined to challenge these claims and limit the amount of fault assigned to you. This will ensure that you get the maximum amount of compensation. If the negligence of a government entity caused your injury an entirely different set rules will apply. These cases will typically involve the State of New York, and a skilled attorney can assist in navigating these specific rules.