Your Family Will Thank You For Getting This Boat Accident Lawyer
What Is Boat Accident Litigation?
Each year, boating accidents cause many injuries. These accidents are more dangerous than car accidents due to the fact that there is no seat belt. Also, the injuries are usually more severe.
Similar to a car accident lawsuit there must be evidence of negligence to receive compensation. To establish negligence, a lawyer must prove that someone was owed a duty and breached this obligation directly led to your injury.
Cause of the Accident
The first step after an accident with a boat is to make sure everyone involved is secure and safe from immediate danger. Your attorney will then collect all the information necessary including the names and contact details of the people involved in the accident as well witnesses.
The next step is to conduct a thorough investigation into the cause of the accident. This will involve taking a look at evidence to determine how the accident happened as well as any injuries or damages that may be an outcome of the accident.
Human error is the cause of many boat-related accidents. The operator may have been distracted or driving at unsafe speeds or drunk while boating, or making poor judgement calls during an unexpected emergency, these types of mistakes can result in tragedy.
Other boat accidents result of mechanical issues or defective parts. If these problems caused the accident the lawyer will investigate and determine if responsibility for the product is at issue.
Still other boat accidents result in drowning or head trauma as a result of a collision another vessel or object. This could include a fall overboard which accounts for 70 percent of all deaths from boating reported in New York since 2005. These accidents can also happen when a boat hits fixed objects such as 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 pay for the cost of medical bills and lost wages due the absence of work, as well as other expenses.
As with car accidents, those injured in a boating collision must establish that the person responsible for their injuries did not fulfill their duty to care and that this violation caused their injuries. For instance the boat accident lawyers owner could violate this duty by operating their vessel while under the drunk or speeding on the water.
After a boating incident it is crucial to gather as much data regarding the incident as you can. This includes gathering the names and contact information for anyone who witnessed the incident happen and can provide an account of the witness. This can help in proving an argument in court or with the at-fault party's insurance provider.
Victims of injuries can file product liability lawsuits, in addition to claims against the boat owner and operator. An attorney with expertise in boating accidents may help injured victims determine whether the manufacturer is accountable. In cases where government agencies are responsible for causing a dangerous situation on the water, it may be possible to file a federal maritime law claim against them.
Liability
In a negligence case the person who is injured must prove that the negligent actions of a third party resulted in their injuries. This means that you must show that the defendant owed you an obligation of care, and that they violated that obligation, and that their breach was the proximate cause of your injuries.
Anyone who operates vessels has a responsibility to ensure the safety and well-being of their passengers. This includes providing life vests, ensuring that the vessel is safe and sound, and not operating it at a speed that is too fast. If a boater violates this obligation and causes harm to another the other party could be held liable.
Mechanical failures can also be the main cause of boating accidents. For instance, a faulty engine and electrical system or shift could result in an accident that is fatal. In these cases the New York boat accident law firms accident attorney will investigate to determine if the manufacturer is responsible and hold the manufacturer accountable.
Victims of injuries can claim compensation for future and past medical expenses which include ambulance charges or doctor bills as well as hospital treatment costs. They can also claim nursing services, medications and nursing services. The injured may be entitled to also claim lost wages depending on the extent of their injuries and if they are incapable of returning to work. You could also be entitled to compensation for pain and suffering you suffered due to the accident.
Statute of Limitations
Boat accident litigation is a legal term used to describe any incident involving a boat that results in serious injury. In the same way as a car accident taking into account damages and identifying the parties responsible is a part of the compensation process. If you have to start a lawsuit against an insurance company, this process can take from months to several years.
Negligent acts are the reason behind many boat accidents. Negligence is any action that does not meet the standards of care that a reasonable person would have exercised in a particular circumstance. Negligent actions can result in serious injuries, or even death, whether it's collision with an object that is stationary or a collision between a boat and another vessel, or a drowning.
Typically those who suffer from boat accidents have two years to bring a civil lawsuit. Based on the law of the state and any special circumstances this time frame can be extended.
Insurance companies often argue that the injured plaintiff is partly responsible for their injuries. Our NYC boat accident lawyers fight hard to disprove these claims and reduce the amount of blame that is assigned to you. This will ensure that you receive the maximum amount of compensation. If your injury resulted from the negligence of a government agency the different set of rules will apply. These cases typically involve the State of New York. A knowledgeable attorney can help you navigate these specific rules.