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What Is Boat Accident Litigation?

Each year boating accidents cause a lot of injuries. These accidents are more serious than car accidents due to the fact that there is no seat belt, and the injuries are typically more severe.

As in a car crash lawsuit there must be proof of negligence in order to get compensation. To prove negligence, a lawyer must establish that someone else owed you an obligation and the breach of that duty directly caused your injury.

The reason for the accident

The first step after a boat accident involves ensuring everyone involved is safe and not in immediate danger. Your attorney will then collect all the relevant information including the names and contact details of the persons involved in the accident, as well as eyewitnesses.

The next step is to conduct an extensive review of the circumstances that led to the accident. This will involve looking over the evidence to see how the accident happened and also any injuries or damages that may be an outcome of the crash.

Many boat accidents happen as a result of human error. These errors can lead to disaster, whether the person was distracted, driving at unsafe speeds, drunk on the boat, or simply making bad choices during an emergency.

Other boat accidents result of mechanical malfunction or defective components. If the accident was caused by these kinds of issues, your attorney will determine if product liability is at issue.

Still other boat accidents result in drowning or head trauma due to a collision with another vessel or object. Falling overboard is one of the most common causes of boating fatalities in New York. These accidents also happen when a boat hits fixed objects such as bridges or piers, as well as submerged rocks.

Damages

While the sum of money won't bring families back loved ones who have been injured or killed in boating accidents the compensation offered by compensation can help victims and their families cope with financial losses caused by the accident. A successful claim can cover medical expenses, lost wages from time off work due to injury, and other costs.

Similar to car accidents, to claim damages for an accident involving a boat, victims must show that the person responsible for their injuries violated their duty of care and that this breach was the main reason behind their injuries. Boat operators could violate their duty of care by driving under the influence or speeding on the water.

It is important that victims gather the most information they can following a boating accident. It is important to get the names and contact information of any person who witnessed the accident and could give a full account. This can aid in proving your case in court or when dealing with the insurance company of the party at fault.

Victims of injuries may file lawsuits for product liability, in addition to claims against the owner of the boat and operator. A lawyer who has experience in boating accidents could help injured victims determine whether the manufacturer is responsible. If the government is responsible for causing a hazardous situation on the water, it could be possible to bring an federal maritime claim against them.

Liability

In a case of negligence the person who is injured must establish that the negligent acts of a third party caused their injuries. This means you have to show that the defendant was liable to you under a duty of care, and that they breached their obligation, and that the breach was the main cause of your injury.

Anyone who runs an vessel is responsible to ensure the safety and well-being of their passengers. This includes ensuring that life vests are provided, ensuring that the vessel is safe, and speeding it up. If a boater violates this obligation and causes injury to someone else it is possible to be held liable.

Mechanical failures can also be the main cause of boat accidents. A malfunctioning engine, electrical system or gear shifts, for instance could result in a fatal boat accident. In these instances you New York boat accident attorney will look into the possibility of any product liability exists and hold the manufacturer responsible.

Victims of injuries can claim compensation for past and future medical costs, including ambulance fees as well as doctor bills and hospital treatment costs. They may also be able to claim for nursing care including medications, nursing services and other medical services. Injured victims may be able to claim lost wages too based on the severity of their injuries and if they are in a position to return to work. You could also be entitled to compensation for pain and suffering you suffered in the aftermath of the accident.

Statute of limitations

When we talk about boat accident litigation, it is legal and covers any watercraft accident that results in serious injuries. Like a car accident claim, pursuing compensation involves looking into the incident and identifying and evaluating all accountable parties, and then in calculating the amount of damages owed to the victim. If you are required to file a suit against an insurance company, the procedure can take anywhere from months to several years.

Many boat accidents happen because of negligent actions. Negligence is defined as any action that does not meet the standards of care that reasonable people would have applied in a particular circumstance. Whether it is a collision with another boat or a stationary object, or drowning death negligence can result in serious injuries, and even death.

Typically those who suffer from boat accidents have two years to bring a civil lawsuit. But, depending on the state law and any special circumstances the deadline could be extended.

One common defense tactic employed by insurance companies is to claim that the plaintiff injured took some responsibility for their own injury. Our NYC boat accident attorneys fight hard to debunk these allegations and limit the amount of fault assigned to you. This will allow you to get the maximum financial award possible. If your injury was the result of the negligence of a government agency, then a different set rules will apply. These cases will often involve the State of New York, and an experienced attorney will help navigate these unique regulations.