What Is Boat Accident Litigation?

Many people suffer injuries in boating accidents every year. These accidents are more dangerous than car crashes due to the fact that there is no seat belt in place and the injuries are usually more severe.

To receive compensation to be compensated, you must prove negligence. To prove negligence, a lawyer has to prove that someone owed you an obligation and the breach of that duty directly resulting in your injury.

The reason for the accident

The first step following an accident on the water is to ensure that everyone involved is safe and not in immediate danger. Once this is done your lawyer will gather important information, including names and contact numbers for those who were involved in the accident and eyewitnesses.

The next step is to conduct a thorough investigation into the cause of the accident. This will involve examining the evidence to determine why the accident took place and also any damage or injuries caused by the accident.

Human error is the root cause of many boat accidents. These mistakes can cause tragedy, regardless of whether the operator was distracted, driving at unsafe speed, drunken boating, or simply making bad decisions in the face of an emergency.

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

Another type of boat accident lawsuit accident can result in head trauma or drowning due to a collision with another vessel or object. Falls overboard is among the most frequent causes of boating deaths in New York. These accidents can also occur when a vessel collides with fixed objects such as bridges and piers, or submerged rocks.

Damages

Compensation can help families and victims cope with the financial losses due to an accident. A successful claim can cover medical expenses and lost wages due working hours taken off and other expenses.

Similar to car accidents, victims who are injured in a boating accident must establish that the person responsible for their injuries acted in violation of their duty to care, and that the breach caused their injuries. For example, a Boat Accident Law Firms operator might breach this duty when operating their vessel under the under the influence of alcohol or speeding on the water.

Following a boating accident it is crucial to gather as much information regarding the incident as you can. This includes getting the names and contact numbers for anyone who saw the accident happen and can provide a witness account. This can help 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 or operator, injured people can also pursue product liability lawsuits against the manufacturers of defective boats. A lawyer who has experience in boating accidents could help injured victims determine whether the manufacturer is responsible. In cases where government agencies are responsible for creating an unsafe situation on water, it may be possible to pursue a federal maritime law claim against them.

Liability

In a case of negligence, the person who is injured must prove that another's negligent actions caused their injuries. This means you have to show that the defendant owed you a duty of care, that they breached their obligation, and that the breach was the main cause of your injuries.

Anyone who runs the vessel has a duty to ensure the safety and security of their passengers. This includes providing life vests and ensuring that the boat is safe and sound, and not driving it too fast. If a boat operator breaches this obligation and causes injury to someone else the other party could be held responsible.

Mechanical problems can also be a leading cause of boating accidents. A defective engine, electrical systems or gear shifts, for instance could result in an unfathomable boat accident. Your New York boat accident lawyer will look into the circumstances to determine if there is any product liability and hold the makers accountable.

Injured victims are entitled to recover past and future medical expenses which include ambulance service fees and doctor bills hospital treatment expenses, nursing services and cost of medications. The injured may be entitled to claim lost wages too depending on the extent of their injuries as well as whether they are not able to return to work. You could also be entitled to compensation for the pain and suffering you experienced in the aftermath of the accident.

Statute of limitations

Boat accident litigation is a legal term used to describe any incident that involves a watercraft that causes serious injury. Like a car crash claim, pursuing compensation involves looking into the incident by identifying and evaluating all parties responsible, and making a calculation of the damages due to the victim. If you need to make a claim against an insurance company, this process can take from months to several years.

Negligent acts are the reason behind numerous boat accidents. Negligence is defined as any act that does not meet the standards of care that a reasonable person would have applied in a specific situation. Negligent acts can cause serious injuries, or even death whether it's the result of a collision with a stationary object or collision between a boat and another, or drowning.

Typically the victims of boat accidents have two years to bring a civil lawsuit. However, based on state law and any special circumstances, this deadline may be extended.

Insurance companies often use the defense that the injured plaintiff is a part of the blame for their injuries. Our NYC lawyers for boat accidents are determined to challenge these claims and reduce the amount of blame assigned to you. This will allow you to get the highest amount of compensation possible. If the negligence of a government entity caused your injury an entirely different set rules will be in place. These cases typically involve the State of New York. A knowledgeable attorney can help you navigate these special rules.