What Is Boat Accident Litigation?

Every year boating accidents cause a lot of injuries. These accidents are more serious because there is no safety belt, and the injuries can be more severe.

As in a car crash lawsuit, there must be proof of negligence in order to get compensation. To demonstrate negligence, a lawyer must prove that someone owed you the duty of care and that breach of this duty directly resulting in your injury.

The cause of the accident

The first step after an accident on the water is to ensure that everyone involved is safe and protected from immediate danger. The lawyer will then collect all the necessary information including the names and contact information of those involved in an accident, as well as witnesses.

The next step is to conduct a thorough investigation into the cause of the accident. This includes looking over the evidence to determine why the accident took place, as well as any damage or injuries caused by the accident.

Human error is the main cause of many boat accidents. These errors can lead to tragedy, regardless of whether the operator was distracted, driving at unsafe speeds, drunk on the boat or making bad choices during an emergency.

Other boat accidents are the result of mechanical issues or parts that are defective. If the accident was caused by these kinds of issues, your attorney will investigate to determine if liability for product defects is at issue.

Other boat accidents cause head injuries or drowning because of collisions with another vessel or object. This can include falling overboard which accounts for 70 percent of all deaths from boating reported in New York since 2005. These accidents also happen when a boat hits fixed objects such as bridges and piers, or submerged rocks.

Damages

Compensation can assist families and victims to recover financial losses that result from an accident. A successful claim can cover the cost of medical bills and lost wages resulting from time off work and other costs.

The same as with car accidents, to get compensation for damages incurred in a boating accident, victims must show that the person who caused their injuries was negligent in their duty of care and this breach was the primary reason for their injuries. For instance an operator of a boat may breach this duty by operating their boat accident attorneys under the impaired by alcohol or speeding on the water.

Following a boating accident it is crucial to collect as much information about the accident as possible. It is vital to collect the contact details and names of all witnesses to the accident and could provide a detailed account. This can strengthen an argument in court, or with the at-fault party's insurance company.

In addition to pursuing claims against the owner of the boat or operator, injured parties can also pursue lawsuits for product liability against manufacturers of defective boats. A lawyer who has experience in boating accidents could assist injured victims to determine whether the manufacturer is accountable. In the event that the government is responsible for creating dangerous conditions in the water, it may be possible to file an federal maritime claim against them.

Liability

In a case of negligence the injured party must prove that another party's negligent actions led to their injuries. This means you have to establish that the defendant owed you a duty of care, and that they did not fulfill this obligation, and that their breach was the proximate cause of your injuries.

Anyone who owns a boat has a duty to ensure the safety of their passengers. This includes providing life vests, ensuring that the vessel is safe and sound, and not speeding it up. If a boater violates this obligation and causes someone else harm the other party could be held liable.

Mechanical failure can also be a major cause of boat accidents. A malfunctioning engine, electrical system or gear shift, for example can cause an accident that kills a boater. Your New York boat accident law firms accident lawyer will investigate these cases to determine if there is product liability, and hold the manufacturers responsible.

Victims of injuries are entitled to recover the cost of medical treatment in the past and in the future that include ambulance service costs and doctor bills, hospital treatment costs, nursing services and cost of medication. Victims of injuries may be able to claim lost wages as well, depending on the severity of their injuries as well as whether they are not able to return to work. You may also be entitled to compensation for the pain and suffering that you experienced due to the accident.

Statute of limitations

When we refer to lawsuits arising from boat accidents as legal term that refers to any incident involving watercraft that results in serious injuries. Similar to a car accident claim, seeking compensation requires investigating what happened as well as identifying and evaluating the responsible parties, and formulating the amount of damages due to the victim. The process can take from months to years if it is necessary to start a lawsuit against an insurance company.

Many boat accidents happen because of the negligence of others. Negligence is defined as any act that fails to conform to the standard of care that a reasonable person would have exercised under a specific circumstance. Negligent actions can cause serious injuries or even death, whether it's a collision with a stationary object or the collision of a boat and another, or even a drowning.

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

One common defense tactic employed by insurance companies is to argue that the plaintiff who was injured took some responsibility for their own injury. Our NYC boat accident lawyers are determined to challenge these claims and limit the amount of blame assigned to you. This will ensure that you receive the most amount of compensation. If the negligence of a government entity caused your injury the different set of rules will apply. These cases typically involve the State of New York. An experienced attorney can help you navigate these special rules.