What Is Boat Accident Litigation? A lot of people are injured in boating accidents each year. These incidents are more severe because there is no safety belt and the injuries are more serious. To get compensation you must prove negligence. To prove negligence, an attorney must prove that a person had a duty to you and then breached it in direct way leading to your injury. The cause of the accident The first step following an accident on a boat is to ensure everyone involved is safe and not in immediate danger. Your attorney will then collect all the necessary information, including names and contact information of those involved in an accident as well eyewitnesses. The next step is to conduct a thorough investigation into the root of the accident. This includes analyzing the evidence to determine why the accident occurred and also any injuries or damages caused by the collision. Human error is a major cause of many boat accidents. Whether the operator was distracted or driving at unsafe speeds, intoxicated boating or simply making poor judgement calls during an unexpected emergency such mistakes can easily lead to tragedy. Other boat accidents result of mechanical failure or defective components. If these causes caused the accident, your lawyer will investigate and determine if product responsibility is in question. Other boat accidents can result in head injuries or drowning because of collisions with another vessel or object. Overboard falls are among the most frequent causes of boating deaths in New York. These accidents can also be caused by collisions between boats and fixed objects like bridges, piers and rocks. Damages Compensation can help victims and families to recover financial losses that result from an accident. A successful claim can cover medical expenses and lost wages resulting from absence from work, and other costs. The same as with car accidents, to be able to claim damages from an accident involving a boat victims must prove that the person responsible for their injuries breached their duty of care, and that this breach was the primary reason for their injuries. Boat operators can violate their duty of care by driving under the influence of alcohol or speeding while on the water. Following an incident on the water, it is important to gather as much data regarding the incident as you can. This includes gathering the names and contact numbers of anyone who witnessed the accident happen and can provide an account of the witness. This can help strengthen your case in court or when dealing with the insurance company of the party at fault. In addition to pursuing claims against the boat's owner or operator, injured victims can also file a product liability lawsuit against the manufacturers of boats that are defective. A lawyer who specializes in boating accidents can assist injured victims determine if the manufacturer is accountable. In cases where government agencies are responsible for creating danger on the water, it could be possible to file a federal maritime law claim against them. Liability In a negligence case the plaintiff must demonstrate that the negligent actions of a third party caused their injuries. https://vimeo.com/709626492 must prove that the defendant owed you a duty of care, but violated that duty, and their breach was directly accountable for the injury you sustained. Anyone who operates a boat is responsible for the safety of its passengers. This includes providing life jackets, ensuring the vessel is seaworthy and not operating at excessive speeds. If a driver of a boat violates this obligation and causes harm to someone another, they could be held accountable. Mechanical failures are also one of the major causes of boat accidents. A defective engine, electrical system or gear shifts, for example can cause a fatal boat accident. Your New York boat accident lawyer will investigate these cases to determine if there is the possibility of product liability and hold the manufacturers accountable. Victims of injuries are entitled to reimbursement of future and past medical expenses, including ambulance service fees, doctor bills, hospital treatment costs such as nursing services and costs of prescription drugs. Injured victims are also entitled to claim lost wages in the event of injuries and if they are unable return to work. You could also be entitled to compensation for the pain and suffering that you experienced due to the accident. Statute of Limitations When we refer to boat accident litigation it is legal term that refers to any incident involving watercraft that results in serious injuries. Like a car accident claim, pursuing compensation involves looking into the incident as well as identifying and evaluating the liable parties, and in calculating the amount of damages owed to the victim. The process can take from months to a decade if it's necessary to file a lawsuit against an insurance company. Many boat accidents happen because of the negligence of others. Negligence is defined as any act that does not reflect the standard of care that a reasonable person would have exercised in a particular situation. Negligent actions can result in serious injuries or even death, whether it's a collision with an object that is stationary or an accident between a vessel and another vessel, or a drowning. In general the event of a boating accident, victims have up to two years in the time to file a civil lawsuit. However, depending on state laws and the specific circumstances, this deadline may be extended. A common defense strategy employed by insurance companies is to claim that the plaintiff who suffered injury shared some responsibility for their own injuries. Our NYC boat accident lawyers fight to prove otherwise and reduce the amount attributable to you. This will ensure that you get the maximum amount of compensation. If your injury was the result of the negligence of an agency of government, then a different set rules will be in place. These cases usually involve the State of New York. A knowledgeable attorney can help you navigate these specific rules.