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 and the injuries could be more severe.

Like in a car accident lawsuit there must be evidence of negligence in order to be compensated. To prove negligence, a lawyer must establish that someone owed you a duty and breached this obligation directly causing your injury.

Cause of the Accident

The first step following an accident with a boat is to make sure everyone involved is safe and protected from immediate danger. After this is done the attorney will collect important details, such as names and contact details for all those involved in the incident and eyewitnesses.

The next step is to conduct a thorough investigation into the root of the accident. This will involve examining the evidence to determine why the accident took place, as well as any injuries or damages that resulted from the collision.

Human error is the cause of many boat accidents. These mistakes can lead to tragedy, regardless of whether the operator was distracted, driving at unsafe speeds, drunk on the boat accident lawyer or simply making poor decisions during an unexpected emergency.

Other boat accidents are caused by mechanical malfunctions or defective components. If these causes caused the accident your lawyer will investigate and determine if the liability of the manufacturer is at issue.

Other boat accidents can result in drowning or head trauma due to a collision with another vessel or object. This can result in a person falling overboard which accounts for 70 percent of all deaths from boating reported in New York since 2005. These accidents can also be caused by collisions between a boat and fixed objects, such as bridges, piers and rocks.

Damages

Compensation can help families and victims to recover financial losses due to an accident. A successful claim can pay for medical expenses, lost wages due to time off due to injuries, and other expenses.

Similar to car accidents, in order to recover damages from accidents involving boats, victims must show that the person responsible for their injuries was negligent in their duty of care, and that this breach was the sole cause of their injuries. Boat operators could violate their duty of care by driving under the influence or speeding on the water.

It is important that victims gather as much information as they can after a boating incident. It is vital to collect the names and contact information of any person who witnessed the accident and can give a full account. This could help bolster a case in court or with the at-fault party's insurance company.

In addition to seeking claims against the owner or operator, injured victims may also file a product liability lawsuit against manufacturers of boats that are defective. An attorney with expertise in boating accidents can aid injured victims determine whether the manufacturer is accountable. In addition, if government agencies are responsible for creating danger on the water, it could be possible to bring a federal maritime law claim against them.

Liability

In a case of negligence the injured party must prove that a third party's negligent actions led to their injuries. You must prove that the defendant was bound by a duty of care, violated that duty, and their negligence was directly responsible for your injuries.

Anyone who runs the vessel has a duty to ensure the safety and security of their passengers. This includes providing life jackets and making sure the vessel is safe and not operating at an excessive speed. If a boat operator breaches this duty and causes injury to someone else the other party could be held responsible.

Mechanical failures can also be the main cause of boating accidents. A malfunctioning engine, electrical system or gear shifts, for example, could cause an unfathomable boat accident. In these cases the New York boat accident attorney will investigate to determine if product liability is involved and hold the manufacturer accountable.

Injured victims are entitled to claim the cost of medical treatment in the past and in the future such as ambulance service charges, doctor bills as well as hospital treatment costs such as nursing services and costs of medication. Victims of injuries may be able to claim lost wages too depending on the extent of their injuries and whether they are unable to return to work. Additionally, you could be entitled to recover compensation for any suffering and pain you endured in the aftermath of the accident.

Statute of limitations

Boat accident litigation is a legal term that refers to any incident that involves a watercraft that causes serious injury. Like a car accident claim, seeking compensation entails investigating what happened by identifying and evaluating all liable parties, and calculating damages owed to the victim. This process could take anywhere from months to years if it is necessary to bring a lawsuit against an insurance company.

Many boat accidents happen because of negligent actions. Negligence is defined as any action that fails to meet the standards of care that reasonable people would have applied under a specific circumstance. Whether it is an accident with another boat or a stationary object drowning that is fatal negligence can result in serious injuries, and even death.

Typically, victims of boat accidents have two years to file a civil lawsuit. Depending on the laws of the state and any special circumstances, this deadline may be extended.

A common defense tactic used by insurance companies is to say that the plaintiff who was injured had a share of responsibility for their own injury. Our NYC boat accident attorneys fight hard to disprove these claims and limit the amount of fault assigned to you. This will allow you to receive the highest amount of compensation possible. If your injury was the result of the negligence of a government agency, then a different set rules will apply. These cases often involve the State of New York. A knowledgeable attorney can help you navigate these specific rules.