What Is Boat Accident Litigation?

Each year boating accidents result in a variety of injuries. These accidents are more serious due to the fact that there is no safety belt and the injuries could be more severe.

To get compensation you must prove that you were negligent. To establish negligence, an attorney must prove that a person had a duty to you and violated it, causing your injury.

Cause of the Accident

The first step following an accident on a boat is to ensure everyone involved is safe and protected from immediate danger. Your lawyer will then gather all the necessary information, including names and contact details of those involved in an accident, as well as eyewitnesses.

The next step is to conduct a thorough investigation into the causes of the accident. This involves looking over the evidence to see how the accident happened and also any injuries or damages that might be by the collision.

Many boat accidents happen because of human error. It doesn't matter if the person was distracted or driving at a speed that was unsafe, intoxicated boating or simply making poor judgment calls in an emergency situation these kinds of mistakes can easily lead to tragedy.

Other boat accidents are the result of mechanical malfunction or defective components. If the accident was caused by these types of problems, your attorney will investigate to determine if liability for the product is at issue.

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

Damages

Compensation can help families and victims overcome the financial burdens that result from an accident. A successful claim could cover medical expenses, lost wages resulting from time off due to injuries, as well as other costs.

The same as with car accidents, to be able to claim damages from a boating accident, victims must show that the person who caused the injuries was in breach of their duty of care and this breach was the sole cause of their damages. For instance the boat accident law firm owner could be in violation of this obligation by operating their vessel while under the drunk or speeding on the water.

After a boating incident, it is important to collect as much information about the accident 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 could strengthen an argument in court, or with the at-fault party's insurance company.

In addition to pursuing claims against the owner or operator, injured parties can also file a product liability lawsuit against the manufacturers of defective boats. A lawyer for boating accidents can help injured victims determine whether the manufacturer is responsible. If the government is responsible for creating dangerous conditions on the water, it could be possible to bring a federal maritime claim against them.

Liability

In a negligence case the victim must prove that a third party's negligent actions led to their injuries. You must prove that your defendant was obligated to you of care, violated this duty, and their negligence was directly responsible for your injury.

Anyone who owns a boat has a duty to ensure the safety of its passengers. This includes ensuring that life vests are provided, ensuring that the vessel is seaworthy, and not speeding it up. If a boater violates the rules and hurts someone another, they could be held accountable.

Mechanical failures can also be a major boat accident attorney cause of boat accidents. A defective engine, electrical systems or gear shifts, for instance, could cause an accident that kills a boater. In these situations your New York boat accident attorney will investigate to determine if there is a product liability issue and hold the manufacturer responsible.

The injured victim is entitled to claim the cost of medical treatment in the past and boat accident attorney in the future such as ambulance service charges, doctor bills and hospital treatment costs as well as nursing services and the cost of medication. Injured victims are also entitled to claim lost wages dependent on their injuries and unable return to work. In addition, you may be entitled to compensation for any suffering and pain you endured in the aftermath of the accident.

Statute of Limitations

Boat accident litigation is a legal term that refers to any incident that involves a watercraft which causes serious injury. Like a car accident claim, seeking compensation involves investigating what happened 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 make a claim against an insurance company.

Negligent actions are responsible for many boat-related accidents. Negligence is defined as an act that does not reflect the standard care that an average person would have exercised in a given circumstance. In the event of negligence, it can lead to serious injuries or even death whether it's collision with an object in motion or collision between a boat and another vessel, or a drowning.

Typically the victims of boat accidents have two years to bring a civil lawsuit. Based on the law of the state and any other special circumstances, this deadline may be extended.

A common defense tactic of insurance companies is to say that the plaintiff injured took some responsibility for their own injuries. Our NYC boat accident attorneys fight hard to disprove these claims and reduce the amount of blame that is assigned to you. This will ensure that you receive the most amount of compensation. If the negligence of a government agency led to your injury an entirely different set rules will be in place. These cases will typically involve the State of New York, and an experienced attorney can assist in navigating these unique rules.