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What Is Boat Accident Litigation?

Every 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.

To receive compensation to be compensated, you must prove negligence. To establish negligence, an attorney must prove that someone owed a duty to you and breached it directly causing your injury.

The reason for the accident

Following a boating accident the first thing you need to do is ensure that everyone involved is secure. Once this is accomplished your lawyer will gather important details, such as names and contact numbers for those who were involved in the accident as well as eyewitnesses.

The next step will be to conduct an in-depth inquiry into the incident's cause. This will involve examining the evidence to determine how the accident happened and any injuries or damages resulting from the accident.

Many boat accidents occur because of human error. Whether the operator was distracted or driving at a speed that was unsafe, intoxicated boating or simply making poor judgement calls during an emergency situation these kinds of mistakes could easily cause tragedy.

Other boat accidents result from mechanical issues or parts that are not working properly. If the accident was caused by these types of issues, your lawyer will determine if liability for the product is at issue.

Other boat accidents can result in drowning or head injuries because of collisions with another 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 be the result of collisions between a boat and fixed objects, such as bridges, piers and rocks.

Damages

Compensation can help families and victims deal with the financial burdens that result from an accident. A successful claim can cover medical expenses, lost wages due to the absence of work, as well as other expenses.

Like car accidents victims injured in a boating accident must establish that the person responsible for their injuries violated their duty to care and that this 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.

It is important that victims gather as much information as they can following a boating accident. This includes gathering the names and contact information of anyone who witnessed the incident happen and can provide a witness account. This could strengthen a case in court or with the at-fault party's insurance provider.

In addition to seeking claims against the owner or operator, injured parties can also pursue product liability lawsuits against manufacturers of boats that are defective. An attorney who is specialized in boating accidents may help injured victims determine if the manufacturer is responsible. In the event that the government is responsible for creating danger on the water it may be possible to bring an federal maritime claim against them.

Liability

In a claim for negligence the party who suffered the injury must prove that the negligence of a third party resulted in their injuries. You must prove that your defendant was obligated to you of care, and breached that duty, and their negligence was directly responsible for your injury.

Anyone who is the operator of a vessel has a responsibility to ensure the safety and security of their passengers. This includes providing life jackets, making sure that the vessel is in good condition and not operating at excessive speed. If a boat driver breaches this obligation and causes harm to someone or anyone else, they could be held responsible.

Mechanical failure is also one of the major causes of boat-related accidents. For instance, a malfunctioning engine or electrical system, or a gear shift can result in a fatal accident. Your New York boat accident lawyer will examine these cases to determine if there is product liability involved and hold the makers accountable.

Victims of injuries are entitled to reimbursement of the cost of medical treatment in the past and in the future, including ambulance service fees and doctor bills and hospital treatment costs such as nursing services and costs of prescription drugs. The injured can also claim lost wages, depending on their injuries and not able to return to work. In addition, you may be entitled to claim compensation for any pain and suffering that you suffered as a result 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 injuries. In the same way as a car accident the calculation of damages and the identification of the parties responsible is a part of the compensation process. If you need to start a lawsuit against an insurance company, this process could take from months to years.

Many boat accidents are the result of negligent actions. Negligence is defined as any act that is not in accordance with the standard care that a reasonable individual would have exercised under a given circumstance. Whether it is an accident with another boat or stationary object or a fatal drowning, negligence can cause serious injuries, and even death.

In general those who suffer from boating accidents have up to two years within which to file a civil suit. Depending on the laws of the state and any special circumstances the deadline may be extended.

A common defense tactic of insurance companies is to assert that the plaintiff injured had a share of responsibility for their own injuries. Our NYC boat accident attorneys work hard to disprove this claim and limit the amount of fault assigned to you. This will ensure that you receive the maximum amount of compensation. If the negligence of a government agency caused your injury and you were injured, a different set of rules will be in place. These cases usually involve the State of New York, and an experienced attorney will assist in navigating these specific rules.