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What Is Boat Accident Litigation?

A lot of people are injured in boating accidents each year. These incidents are more severe because there is no safety belt in place and the injuries are more severe.

Like in a car accident lawsuit, there must be proof of negligence to receive compensation. To show negligence, a lawyer must establish that an individual had a duty to you and breached it directly causing your injury.

Cause of the Accident

Following a boating accident the first thing you need to do is ensure that everyone is secure. Your attorney will then collect all the relevant information including the names and contact details of those involved in an accident as well eyewitnesses.

The next step is to conduct an extensive investigation into the root of the accident. This will involve examining the evidence to determine how the accident happened and also any damage or injuries caused by the collision.

Many boat accidents are the result of human mistakes. It doesn't matter if the person was distracted or driving at a speed that was unsafe or drunk on the boat, or making poor judgement calls during an unexpected emergency such mistakes can result in tragedy.

Other boat accidents happen because of mechanical failure or parts that are defective. If the accident was caused by these kinds of issues, your attorney will determine if the liability of the manufacturer is at issue.

Other boat accident attorneys accidents can cause head injuries or drowning because of collisions with another vessel or object. This can result in a person falling overboard, which accounts for 70 percent of all deaths reported in New York since 2005. These accidents may also occur when a boat comes into contact with fixed objects such as bridges and piers, or submerged rocks.

Damages

Compensation can assist families and victims to recover financial losses caused by an accident. A successful claim will cover medical expenses and lost wages resulting from absence from work, and other expenses.

Similar to car accidents, those who suffer injuries in a boating collision must prove that the person responsible for their injuries has violated their duty to care and that the violation was the cause of 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 important to gather as much data about the accident as possible. This includes getting the names and contact numbers for anyone who saw the incident happen and can provide testimony. This will help to strengthen your case in court or when dealing with the insurance company of the party at the fault.

Victims who have been injured may file lawsuits for product liability, in addition to claims against the boat's owner and operator. An attorney who specializes in boating accidents may help injured victims determine if the manufacturer is accountable. In addition, if government agencies are responsible for creating an unsafe situation on the water, it may be possible to file an federal maritime law claim against them.

Liability

In a case of negligence the plaintiff must prove that the negligent actions of a third party caused their injuries. You must prove that your defendant was bound by a duty of care, and breached the duty, and that their breach was directly responsible for the injury you sustained.

Anyone who is operating a boat is responsible for the security of the passengers. This includes providing life jackets and making sure that the vessel is in good condition and not operating it at high speeds. If a driver of a boat violates this obligation and causes harm to someone another, they could be held accountable.

Mechanical failures are also a major cause of boat accidents. For boat accident lawyers example, a defective engine and electrical system or shift can result in an accident that is fatal. In these cases your New York boat accident attorney will investigate to determine if the manufacturer is responsible and hold the manufacturer responsible.

Victims of injury are entitled to recover future and past medical expenses such as ambulance service charges medical bills, hospital treatment costs such as nursing services and costs of medications. Victims of injuries are also entitled to claim lost wages in the event of injuries and if they are unable return to work. In addition, you may be entitled to compensation for any suffering and pain you endured in the aftermath of the accident.

Statute of limitations

Boat accident litigation is a legal term used to describe any incident involving watercrafts which causes serious injury. In the same way as a car accident in calculating damages and identifying all parties responsible is part of the compensation process. This process can take from months to years if it's necessary to file a lawsuit against an insurance company.

Negligent actions are the cause of many boat accidents. Negligence is defined as any act that does not conform to the standard of care that a reasonable person would have applied under a specific circumstance. Negligent actions can cause serious injuries, or even death whether it's a collision with an object that is stationary or an accident between a vessel and another, or a drowning.

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

One common defense tactic employed by insurance companies is to assert that the injured plaintiff shared some responsibility for their own injuries. Our NYC boat accident lawyers fight to prove otherwise and reduce the amount awarded to you. This will allow you to receive the highest amount of compensation possible. If the negligence of a government entity caused your injury the different set of rules will apply. These cases often involve the State of New York. A skilled attorney can help you navigate these special rules.