What Is Boat Accident Litigation?
Each year, boating accidents cause many injuries. These accidents are more serious than car accidents because there is no seat belt in place and the injuries are typically more severe.
In order to receive compensation, you must prove negligence. To show negligence, a lawyer must establish that an individual had a duty to you and violated it, which caused your injury.
The reason for the accident
After a boating crash, the first step is ensure that everyone involved is safe. After this is done, your attorney will collect important details, such as names and contact information of those who were involved in the accident and eyewitnesses.
The next step is to conduct an extensive review of the circumstances that led to the accident. This will involve examining the evidence to determine why the accident happened and also any injuries or damages resulting from the collision.
Many boat accident law firms accidents occur because of human error. These mistakes can cause tragedy, regardless of whether the operator was distracted, driving at an unsafe speeds, drunk on the boat, or simply making bad choices during an emergency.
Other boat accidents are caused by mechanical malfunctions or parts that are not working properly. If the accident was caused by these kinds of problems, your attorney will determine if liability for product defects is involved.
Other boat accidents may cause drowning or head injuries from collisions with a vessel or object. This could include a fall overboard which accounts for 70 percent of all boating deaths reported in New York since 2005. These accidents can also happen when a boat collides with fixed objects like bridges or piers, or submerged rocks.
Damages
While there is no way to bring those who love ones were injured or killed in an accident on the water, compensation can assist victims and their families deal with financial losses incurred by the incident. A successful claim will cover medical expenses as well as lost wages due to time off work and other expenses.
Like car accidents victims injured in a boating accident must be able to prove that the person who is responsible for their injuries did not fulfill their duty of care and that the breach caused 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 essential to gather as much information about the accident as you can. This includes getting the names and contact details of anyone who witnessed the accident take place and can provide a witness account. This can strengthen the case in court or with the at-fault party’s insurance provider.
In addition to pursuing claims against the boat’s owner 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 if the manufacturer is liable. In cases where the government is responsible for causing a hazardous situation on the water it may be possible to file a federal maritime claim against them.
Liability
In a case of negligence the person who is injured must prove that a third party’s negligent actions caused their injuries. This means that you must demonstrate that the defendant owed you a duty of care, that they violated that obligation, and that their breach was the sole cause of your injury.
Anyone who operates a boat is responsible for the safety of their passengers. This includes providing life jackets, making sure the vessel is safe and not operating it at excessive speeds. If a driver of a boat violates this duty and causes harm to or anyone else, they could be held responsible.
Mechanical failures can be a leading cause of boating accidents. A defective engine, electrical system or gear shifts, for instance, could cause an unfathomable boat accident. Your New York boat accident lawyer will investigate the circumstances to determine if there’s product liability involved and hold the manufacturer accountable.
Injured victims are entitled to claim past and future medical expenses, including ambulance service fees as well as doctor’s bills hospital treatment expenses, nursing services and cost of medicines. Injured victims may be able to claim lost wages too, depending on the severity of their injuries and whether they are unable to return to work. You could also be entitled to compensation for pain and boat accident lawyers suffering that you experienced as a result of the accident.
Statute of limitations
Boat accident litigation is a legal term that refers to any incident that involves a watercraft that results in serious injuries. Similar to a car accident claim, seeking compensation involves looking into the incident and identifying and evaluating all accountable parties, Boat accident Lawyers and then calculating damages owed to the victim. If you need to bring a lawsuit against an insurance company, the process can last from months to several years.
Negligent actions are responsible for many boat accidents. Negligence can be defined as any act that fails to reflect the standard of care that reasonable people would have applied under a specific circumstance. Negligent actions can result in serious injuries, or even death, whether it’s the result of a collision with a stationary object, a collision between a boat and another vessel, or a drowning.
Typically victims of boat accidents have two years to bring a civil lawsuit. Depending on the state law and any special circumstances this time frame can be extended.
Insurance companies often argue that the plaintiff who suffered an injury is partially responsible for their injuries. Our NYC boat accident lawyers fight for you to disprove and reduce the amount attributable to you. This will ensure that you receive the highest amount of compensation. If your injury was the result of the negligence of a government agency and a different set of rules will apply. These cases will typically involve the State of New York, and an experienced attorney can help navigate these unique provisions.