What Is Boat Accident Litigation? Every year boating accidents cause a lot of injuries. These accidents are more dangerous than car crashes due to the fact that there is no seat belt. Also, the injuries are typically more severe. In order to receive compensation you must prove that you were negligent. To prove negligence, an attorney must establish that someone had a duty to you and violated it, and caused injury. Cause of the Accident The first step after an accident on the water is to ensure that everyone involved is secure and safe from immediate danger. Once this is accomplished your lawyer will gather crucial information like names and contact information of those who were who were involved in the accident as well as eyewitnesses. The next step is to conduct a thorough review of the circumstances that led to the accident. This will include taking a look at the evidence to see how the accident occurred and any injuries or damages that might have occurred as a result of the accident. Many boat accidents happen as a result of human error. These mistakes can cause tragedy, whether the operator was distracted, driving at an dangerous speeds, drunk while boating or simply making poor decisions in the face of an emergency. https://vimeo.com/709670499 are caused by mechanical malfunctions or defective parts. If these problems caused the accident the lawyer will investigate and determine if responsibility for the product is at issue. Other boat accidents can result in drowning or head injuries due to collisions with another vessel or a piece of equipment. Falling overboard is one of the most common causes of boating fatalities in New York. These accidents can also happen when a boat hits fixed objects, such as bridges or piers, or submerged rocks. Damages Compensation can assist families and victims deal with the financial burdens caused by accidents. A successful claim can pay for medical expenses, lost wages resulting from the absence of work due to injury, and other costs. Like car accidents victims who are injured in a boating incident must demonstrate that the person accountable for their injuries did not fulfill their duty of care, and that the violation caused their injuries. For example, a boat operator might be in violation of this obligation when operating their vessel under the impaired by alcohol or speeding on the water. After a boating accident, it is important to gather as much information about the accident as you can. This includes obtaining the names and contact numbers for anyone who witnessed the incident happen and can provide testimony. This could help bolster an argument in court, or with the at-fault party's insurance company. Victims of injuries can file product liability lawsuits, in addition to claims against the owner of the boat and operator. An attorney who specializes in boating accidents can help injured victims determine whether the manufacturer is responsible. Additionally, in cases where government agencies are responsible for creating an unsafe situation on the water, it could be possible to bring a federal maritime law claim against them. Liability In a negligence case, an injured person must prove that another's negligent actions led to their injuries. This means you have to prove that the defendant owed you the duty of care, that they breached their obligation, and that their breach was the sole cause of your injury. Anyone who is the operator of vessels has a responsibility to ensure the safety and security of their passengers. This includes providing life jackets and ensuring that the vessel is safe to use, and not speeding it up. If a boater violates the rules and hurts someone another, they could be held responsible. Mechanical failures are also a leading cause of boating accidents. A malfunctioning engine, electrical system or gear shifts for instance could result in a fatal boat crash. In these cases your New York boat accident attorney will look into the possibility of any product liability exists and hold the manufacturer accountable. Injured victims can recover future and past medical expenses, including ambulance fees or doctor bills as well as hospital treatment costs. They may also be able to be able to claim nursing services such as medications, nursing and nursing services. Injured victims may be able to claim lost wages, too, depending on the severity of their injuries as well as whether they are not able to return to work. You may also be entitled to compensation for the pain and suffering that you experienced as a result of the accident. Statute of limitations Boat accident litigation is a legal term used to describe any incident involving a watercraft that causes serious injury. In the same way as the case with car accidents taking into account damages and identifying all parties responsible is part of the compensation process. This process could take anywhere from months to years if it's necessary to file a lawsuit against an insurance company. Many boat-related accidents occur as a result of the negligence of others. Negligence is defined as any act that does not reflect the standard care that reasonable people would have exercised in the circumstances. Negligent acts can cause serious injuries or even death whether it's collision with an object in motion, an accident between a vessel 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 laws and the specific circumstances that exist, this deadline may be extended. A common defense tactic of insurance companies is to argue that the plaintiff who was injured had a share of responsibility for their own injuries. Our NYC boat accident lawyers work hard to disprove these claims and limit the amount of responsibility attributed to you. This will ensure that you receive the maximum financial award possible. If your injury resulted from the negligence of an agency of government, then a different set rules will apply. These cases typically involve the State of New York. A skilled attorney can help you navigate these specific rules.