What Is Boat Accident Litigation?

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

Like in a car accident lawsuit there must be evidence of negligence in order to be compensated. To demonstrate negligence, a lawyer must establish that someone else owed you an obligation and that their breach of this duty directly resulting in your injury.

The cause of the accident

After a boating crash, the first step is ensure that everyone is secure. After that your lawyer will gather important information, including names and contact details for all those who were involved in the accident and eyewitnesses.

The next step is to conduct a thorough investigation into the root of the accident. This will include reviewing the evidence to see how the accident happened as well as any damage or injuries that could have occurred as by the accident.

Many boat accidents occur because of human error. These mistakes can cause tragedy, regardless of whether the boat operator was distracted, driving at an unsafe speed, drunken boating or simply making poor choices during an emergency.

Other boat accident attorney accidents are caused by mechanical failures or defective parts. If the problem was caused by these factors, accident, your lawyer will investigate and determine if the liability of the manufacturer is at issue.

Other boat accident lawsuit accidents can result in drowning or head injuries caused by collisions with another vessel or object. Overboard falls are among the most frequent causes of fatalities involving boats in New York. These accidents can also be caused by a boat colliding with fixed objects like piers, bridges or submerged rocks.

Damages

Compensation can help victims and families to recover financial losses due to an accident. A successful claim can pay for medical expenses, lost wages from the absence of work due to injury, and other costs.

Similar to car accidents, to recover damages from an accident involving a boat victims must prove that the person who caused their injuries violated their duty of care and this breach was the sole cause of their damages. Boat operators may breach their duty of care by driving under the influence or speeding while on the water.

It is vital that victims gather as much information as they can after a boating incident. This includes obtaining the names and contact numbers for anyone who saw the accident occur and who can provide an account of the witness. This will help to strengthen your case in court or when dealing with the insurance company of the party who is at fault.

In addition to seeking claims against the owner of the boat or operator, injured people can also pursue lawsuits for product liability against the makers of boats that are defective. An attorney for boating accidents can assist injured victims in determining whether the manufacturer is responsible. If the government is responsible for causing an unsafe situation in the water, it may be possible to bring a federal maritime claim against them.

Liability

In a negligence claim the party who suffered the injury must prove that the negligent actions of a third party caused their injuries. You must prove that the defendant owed you an obligation of care, but violated that duty, and their negligence was directly responsible for your injury.

Anyone who operates vessels has a responsibility to ensure the safety and well-being of their passengers. This includes providing life jackets and making sure that the vessel is in good condition and not operating at an high speeds. If a boat operator breaches this duty and causes injury to someone else, that party can be held liable.

Mechanical failures are also an important cause of boat-related accidents. A malfunctioning engine, electrical system or gear shifts, for example can cause an unfathomable boat accident. Your New York boat accident lawyer will review these cases to determine if there is product liability, and hold the manufacturer accountable.

Injured victims can claim past and future medical expenses such as ambulance costs, doctor bills and hospital treatment costs. They can also claim for nursing services as well as nursing and medication services. Injured victims are also entitled to claim lost wages in the event of injuries and if they are not able to return to work. In addition, you may be entitled to claim compensation for any pain and suffering that you endured in the aftermath of the accident.

Statute of limitations

Boat accident litigation is a legal term used to describe any incident involving watercrafts 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 formulating the amount of damages due to the victim. If you need to start a lawsuit against an insurance company, the process could take from months to several years.

Many boat accidents occur because of the negligence of others. Negligence is defined as any action that is not in line with the standard of care that a reasonable individual would have exercised in an unforeseen circumstance. Negligent actions can result in serious injuries, or even death, whether it's an accident with an object in motion or the collision of a boat and another, or even a drowning.

In general, victims of boating accidents have up to two years within which to file a civil lawsuit. However, depending on the state laws and the specific circumstances that exist the deadline could be extended.

A common defense tactic used by insurance companies is to say that the injured plaintiff was a part of the blame for their own injury. Our NYC boat accident lawyers work hard to disprove 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 resulted from the negligence of a government agency or a government agency, a different set of rules will be in place. These cases will typically involve the State of New York, and a knowledgeable attorney can assist in navigating these unique rules.