What Is Boat Accident Litigation?

A lot of people are injured in boating accidents each year. These accidents are more serious due to the fact that there is no safety belt on the boat and the injuries can be more serious.

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 then breached it in direct way and caused injury.

The reason for the accident

After a boating crash, the first thing you need to do is ensure that everyone is safe. The lawyer will then collect all the information necessary, including names and contact information of all those involved in an accident as well witnesses.

The next step is to conduct an in-depth investigation into the causes of the accident. This involves looking over the evidence to determine what caused the accident and any injuries or damages that might have occurred as by the accident.

Human error is the main cause of a number of boat accidents. These mistakes can lead to tragedy, regardless of whether the boat operator was distracted, driving at unsafe speed, drunken boating or simply making poor decisions during an unexpected emergency.

Other boat accidents are the result of mechanical failure or defective parts. If the accident was caused by these kinds of problems, your attorney will investigate to determine if liability for product defects is involved.

Other boat accidents can cause drowning or head injuries due to collisions with another vessel or with an object. It could be due to falling overboard which accounts for 70 percent of all boating deaths reported in New York since 2005. These accidents could also be caused by collisions between a boat and fixed objects, such as bridges, piers or submerged rocks.

Damages

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

The same as with car accidents, in order to claim damages for accidents involving boats victims must prove that the person responsible for their injuries was negligent in their duty of care and this breach was the direct reason behind their injuries. Boat operators can violate their duty of care by driving under the influence of alcohol or speeding while on the water.

Following an incident on the water, it is important to gather as much data about the accident as possible. This includes getting the names and contact information for anyone who witnessed the accident occur and who can provide testimony. This could strengthen an argument in court, or with the insurance provider.

In addition to seeking claims against the owner of the boat or operator, injured victims may also pursue lawsuits for product liability against manufacturers of defective boats. An attorney who specializes in boating accidents can aid injured victims determine whether the manufacturer is responsible. In addition, if government agencies are responsible for causing danger on the water, it might be possible to pursue a federal maritime law claim against them.

Liability

In a negligence case the plaintiff must establish that the negligent acts of a third party resulted in their injuries. This means that you must demonstrate that the defendant owed you a duty of care, and that they breached their duty, and that their breach was the sole cause of your injury.

Anyone who manages vessels has a responsibility to ensure the safety and security of their passengers. This includes ensuring that life vests are provided and ensuring that the vessel is seaworthy, and not driving it too fast. If a boater violates this duty and causes harm to another, they could be held accountable.

Mechanical failures can be the main cause of boating accidents. For instance, a faulty engine, electrical system or gear shift can result in a fatal accident. In these instances you New York boat accident lawsuit accident attorney will determine if there is a product liability issue and hold the manufacturer responsible.

Injured victims are entitled to reimbursement of past and future medical expenses that include ambulance service costs, doctor bills as well as hospital treatment costs, nursing services and cost of medications. Injured victims may be able to claim lost wages, too dependent on the severity of their injuries and if they are unable to return to work. In addition, you may be entitled to recover compensation for any pain and suffering you endured in the aftermath of the accident.

Statute of Limitations

When we refer to boat accident litigation, it is a legal term that encompasses any watercraft incident that results in serious injuries. Similar to an automobile accident in calculating damages and identifying the responsible parties is an integral part of the compensation process. If you must start a lawsuit against an insurance company, this process could take from months to years.

Negligent acts are the reason behind numerous boat accidents. Negligence is defined as any act that is not in accordance with the standard of care a reasonable individual would have exercised in circumstances. Negligent actions can result in serious injuries, or even death, whether it's collision with the stationary object or a collision between a boat and another, or drowning.

In general, victims of boating accidents have up to two years in the time to file a civil suit. Depending on the laws of the state and any other special circumstances, the deadline may be extended.

A common defense tactic of insurance companies is to claim that the injured plaintiff had a share of responsibility for their own injuries. Our NYC boat accident lawyers fight hard to disprove this claim and limit the amount of fault assigned to you. This will ensure that you receive the maximum amount of compensation. If the negligence of a government agency has caused your injury the different set of rules will be in place. These cases will often involve the State of New York, and a skilled attorney can assist in navigating these unique laws.