What Is Boat Accident Litigation?

Every year, boating accidents cause many injuries. These accidents are more serious since there is no safety belt, and the injuries can be more severe.

Similar to a car accident lawsuit, there must be proof of negligence to claim compensation. To establish negligence, a lawyer must establish that someone else owed you a duty and breached this obligation directly led to your injury.

The cause of the accident

The first step after a boat accident involves ensuring everyone involved is secure and safe from immediate danger. After that the attorney will collect important information, including names and contact numbers for the people involved in the incident and eyewitnesses.

The next step will be to conduct an in-depth inquiry into the incident's cause. This will include taking a look at the evidence to determine how the accident occurred, including any damage or injuries that could result as a result of the collision.

Many boat accidents happen because of human mistakes. The operator may have been distracted or driving at unsafe speeds or drunk while boating, or making poor judgement calls during an emergency, these types of mistakes can result in tragedy.

Other boat accidents happen because of mechanical malfunction or defective parts. If the accident was caused by these kinds of issues, your lawyer will investigate to determine if product liability is at issue.

Still other boat accidents result in head trauma or drowning as a result of a collision another vessel or object. This could include a fall overboard, which accounts for 70 percent of all deaths reported in New York since 2005. These accidents may also occur when a boat hits fixed objects like bridges and piers, or submerged rocks.

Damages

While no amount of money can bring the loved ones back who have been injured or killed in a boating accident, compensation can help victims and their families to recover financial losses caused by the accident. A successful claim will pay for medical costs and lost wages resulting from working hours taken off and other expenses.

Similar to car accidents, to be able to claim damages from a boating accident victims must prove that the person responsible for the injuries was in breach of their duty of care and that this breach was the sole reason behind their injuries. Boat operators could violate their duty of care by driving under the influence or speeding while on the water.

After a boating accident, it is important to gather as much data about the incident as you can. It is vital to collect the contact details and names of any person who witnessed the accident and could give a full account. This can help strengthen your case in court or when dealing with the insurance company of the party who is at the fault.

Victims who have been injured are able to file product liability lawsuits in addition to claims against the owner of the boat and operator. An attorney for boating accidents can help injured victims determine if the manufacturer is liable. Additionally, in the event that government agencies are responsible for creating an unsafe situation on water, it might be possible to pursue an federal maritime law claim against them.

Liability

In a negligence claim the plaintiff must prove that the negligence of another party led to their injuries. This means that you must show that the defendant was liable to you under the duty of care, and that they breached this obligation, and that the breach was the main cause of your injuries.

Anyone who owns a boat has a responsibility to ensure the safety of his or her passengers. This includes providing life jackets, making sure that the vessel is in good condition and not driving it at excessive speed. If a boater violates this duty and harms someone other person, they may be held responsible.

Mechanical problems can also be one of the most common causes of boating accidents. A malfunctioning engine, electrical system or gear shifts for instance can cause a fatal boat accident. In these cases, your New York boat accident attorney will investigate to determine if product liability is involved and hold the manufacturer accountable.

Victims of injury are legally entitled to recover future and past medical expenses, including ambulance service fees and doctor bills and hospital treatment costs, nursing services and cost of medications. Injured victims can also claim lost wages according to their injuries and if they are unable return to work. Additionally, you could be entitled to a reimbursement for any pain and suffering you endured in the aftermath of the accident.

Statute of limitations

When we speak of lawsuits arising from boat accidents it is a legal term that encompasses any incident involving watercraft that results in serious injuries. Like a car accident claim, seeking compensation entails investigation into what happened as well as identifying and evaluating the responsible parties, and calculating damages owed to the victim. If you must make a claim against an insurance company, the process could take from months to several years.

Many boat accidents happen because of negligence. Negligence is defined as any act that does not meet the standards of care that reasonable people would have used in a particular situation. Whether it is an accident with another boat, a stationary object or drowning that is fatal, negligence can cause grave injuries or even death.

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

Insurance companies often use the defense that the plaintiff who suffered an injury is partly responsible for their injuries. Our NYC lawyers for boat accidents are determined to challenge these allegations and limit the amount of blame assigned to you. This will ensure that you receive the maximum amount of compensation. If your injury was the result of the negligence of a government agency or a government agency, a different set of rules will apply. These cases typically involve the State of New York, and an experienced attorney will help navigate these unique provisions.