What Is Boat Accident Litigation?

Many people are injured in boating accidents every year. These accidents are more dangerous than car crashes because there is no seat belt. Also, the injuries are usually more severe.

Like in a car accident lawsuit there must be evidence of negligence in order to get compensation. To prove negligence, an attorney must prove that a person owed a duty to you and then breached it in direct way causing your injury.

Cause of the Accident

The first step after an accident on the water is to ensure that everyone involved is safe and free from immediate danger. After this is done your lawyer will gather important information, including names and contact details for all those involved in the accident as well as eyewitnesses.

The next step is to conduct an extensive investigation into the root of the accident. This includes looking over the evidence to determine why the accident took place, as well as any injuries or damages caused by the collision.

Human error is the main cause of many boat-related accidents. Whether the operator was distracted or driving at unsafe speeds or drunk, or making poor judgement calls during an unexpected emergency These kinds of errors could easily cause tragedy.

Other boat accidents are caused by mechanical failures or defective components. If these causes caused the accident your lawyer will conduct an investigation and boat accident attorneys determine if the responsibility of the manufacturer is in question.

Other boat accidents can result in drowning or head injuries from collisions with a vessel or object. This can include falling overboard which accounts for 70 percent of all boating deaths reported in New York since 2005. These accidents also happen when a boat collides with fixed objects like piers or bridges, or submerged rocks.

Damages

Compensation can help victims and families overcome the financial burdens due to an accident. A successful claim will be able to cover the cost of medical bills, lost wages due to time off work and other costs.

As with car accidents, victims who are injured in a boating accident have to be able to prove that the person who is responsible for their injuries has violated their duty to care, and that this violation caused their injuries. Boat operators may breach their duty of care by driving under the influence of alcohol or speeding while on the water.

It is important that victims gather as much information as they can after a boating incident. It is important to get the names and contact information of anyone who witnessed the accident and could give a full account. This can strengthen an argument in court, or with the at-fault party's insurance provider.

In addition to pursuing claims against the owner of the boat or operator, injured parties can also file a product liability lawsuit against the makers of boats that are defective. An attorney for boating accidents can assist injured victims to determine if the manufacturer is liable. In cases where the government is responsible for creating danger in the water, it may be possible to bring a federal maritime claim against them.

Liability

In a case of negligence, the injured party must prove that a third party's negligent actions caused their injuries. You must prove that the defendant owed you an obligation of care, breached the duty, and that their breach was directly accountable for your injury.

Anyone who is operating a boat is responsible for the safety of its passengers. This includes providing life vests as well as ensuring that the vessel is seaworthy, and not speeding it up. If a boater violates this obligation and causes harm to someone else, they can be held responsible.

Mechanical problems can also be one of the most common causes of boating accidents. A defective engine, electrical system or gear shifts, for example, could cause a fatal boat crash. In these situations you New York boat accident attorney will determine if any product liability exists and hold the manufacturer responsible.

Injured patients can recover past and future medical expenses that include ambulance fees, doctor bills and hospital treatment costs. They can also claim nursing services such as medications, nursing and nursing services. Injured victims may also be entitled to compensation for lost wages according to their injuries and if they are unable return to work. You could also be entitled to compensation for pain and suffering you endured in the aftermath of the accident.

Statute of Limitations

Boat accident litigation is a legal term used to describe any incident that involves a watercraft that results in serious injury. Like a car accident claim, seeking compensation requires finding out what happened and identifying and evaluating all accountable parties, and then making a calculation of the damages due to the victim. The process can take from months to a decade if it's necessary to start a lawsuit against an insurance company.

Many boat accident law firm accidents occur because of the negligence of others. Negligence is defined as any act that fails to conform to the standard of care that a reasonable person would have exercised under a specific circumstance. Negligent actions can cause serious injuries, or even death whether it's a collision with an object that is stationary, an accident between a vessel and another, or a drowning.

Typically, victims of boat accidents have two years to start a civil lawsuit. Based on the law of the state and any special circumstances this time frame can be extended.

One common defense tactic employed by insurance companies is to argue that the plaintiff who was injured shared some responsibility for their own injuries. Our NYC boat accident attorneys fight hard to disprove 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 agency led to your injury an entirely different set rules will apply. These cases often involve the State of New York. An experienced attorney can help you navigate these special rules.