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What Is Boat Accident Litigation?

Each year boating accidents are the cause of many injuries. These accidents are more serious than car accidents due to the fact that there is no seat belt in place and the injuries are generally more severe.

Similar to a car accident lawsuit, there must be proof of negligence in order to get compensation. To show negligence, a lawyer must establish that someone had a duty to you and violated it, and caused injury.

The cause of the accident

After a boating accident, the first thing to do is to ensure that everyone is safe. Your attorney 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 will involve taking a look at the evidence to determine how the accident happened and also any damage or injuries that could be an outcome of the crash.

Human error is the root cause of many boat-related accidents. These errors can lead to tragedy, whether the operator was distracted, driving at an dangerous speeds, drunk while boating or simply making poor decisions during an unexpected emergency.

Other boat accidents are caused by mechanical failures or defective components. If these issues caused the accident, your lawyer will investigate and determine if product responsibility is in question.

Still other boat accidents result in head trauma or drowning due to a collision with another vessel or object. The risk of falling overboard is among the most frequent causes of fatalities involving boats in New York. These accidents could also be the result of collisions between boats and fixed objects, like bridges, piers or submerged rocks.

Damages

Compensation can help victims and families overcome the financial burdens caused by an accident. A successful claim will cover medical expenses and lost wages due working hours taken off and other costs.

Like car accidents those who suffer injuries in a boating accident have to demonstrate that the person accountable for their injuries violated their duty to care and that this violation caused their injuries. Boat operators may violate their duty of care by driving under the influence or speeding on the water.

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

In addition to pursuing claims against the boat's owner or operator, injured parties can also pursue lawsuits for product liability against the manufacturers of defective boats. An attorney for boating accidents can assist injured victims to determine whether the manufacturer is accountable. In addition, if government agencies are responsible for causing danger on the water, it may be possible to bring an federal maritime law claim against them.

Liability

In a negligence case the injured party must prove that the other party's negligence caused their injuries. You must prove that your defendant was bound by a duty of care, but violated this duty, and that their breach was directly responsible for your injuries.

Anyone who runs vessels has a responsibility to ensure the safety and well-being of their passengers. This includes providing life jackets, making sure the vessel is water-tight and not operating at an high speeds. If a boater violates this obligation and causes harm to someone else, they can be held responsible.

Mechanical failures can be the main cause of boating accidents. For instance, a faulty engine and electrical system or shift could lead to a fatal accident. In these cases, your New York boat accident attorney will determine if there is a product liability issue and hold the manufacturer accountable.

Injured victims can claim future and past medical expenses that include ambulance fees, doctor bills and hospital treatment costs. They may also be able to be able to claim nursing services, medications and nursing services. The injured may be entitled to claim lost wages as well depending on the extent of their injuries and whether they are unable to return to work. You could also be entitled to compensation for pain and suffering that you experienced in the aftermath of the accident.

Statute of Limitations

Boat accident litigation is a legal term that refers to any incident involving a boat that results in serious injury. Similar to a car accident in calculating damages and identifying all parties responsible is part of the compensation process. If you need to bring a lawsuit against an insurance company, the procedure can take anywhere from months to years.

Negligent actions are responsible for many boat-related accidents. Negligence can be defined as any act that fails to reflect the standard of care that a reasonable person would have applied in a particular situation. Negligent acts can cause serious injuries or even death whether it's the result of a collision with a stationary object or an accident between a vessel and another vessel, or a drowning.

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

Insurance companies often rely on the excuse that the plaintiff who suffered an injury is partly responsible for their injuries. Our NYC boat accident lawyers fight hard to debunk these claims and reduce the amount of responsibility attributed to you. This will ensure that you receive the highest amount of compensation. If the negligence of a government entity caused your injury the different set of rules will be in place. These cases often involve the State of New York. An experienced attorney can help you navigate these particular rules.