What Is Boat Accident Litigation?

Each year boating accidents are the cause of many injuries. These accidents are more serious than car crashes because there is no seat belt and the injuries are typically more severe.

Like in a car accident lawsuit there must be proof of negligence to claim compensation. To establish negligence, a lawyer must prove that someone owed you a duty and breached this duty directly caused your injury.

Cause of the Accident

The first step following a boat accident involves ensuring everyone involved is secure and safe from immediate danger. Your lawyer will then gather all the information necessary, including names and contact details of those involved in an accident as well eyewitnesses.

The next step is to conduct a thorough inquiry into the incident's cause. This will include looking over the evidence to see how the accident occurred and any damage or injuries that could have been caused as caused by the accident.

Many boat accidents happen as a result of human error. These errors can lead to tragedy, whether the operator was distracted, driving at an unsafe speed, drunk on the water or making bad choices during an emergency.

Other boat accidents result of mechanical problems or parts that are defective. If the accident was caused by these types of problems, your attorney will determine if product liability is at issue.

Still other boat accidents result in drowning or head trauma due to a collision with another vessel or other object. This can result in a person falling overboard, which accounts for 70 percent of all boating deaths reported in New York since 2005. These accidents can also occur when a boat hits fixed objects, such as piers or bridges, or submerged rocks.

Damages

Compensation can assist families and victims to recover financial losses caused by accidents. A successful claim can pay for medical expenses, lost wages due to absences due to injury, and other costs.

Like car accidents those injured in a boating accident have to prove that the person responsible for their injuries acted in violation of their duty of care and that this breach was the cause of their injuries. For instance an operator of a boat could violate this duty when operating their vessel under the under the influence of alcohol or speeding on the water.

It is important that victims collect the most information they can after a boating incident. It is important to get the names and contact details of all witnesses to the accident and could give a full account. This can aid in proving your case in court or when dealing with the insurance company of the party who is at the fault.

In addition to pursuing claims against the boat's owner or operator, injured victims can also pursue lawsuits for product liability against the manufacturers of defective boats. A lawyer for boating accidents can help injured victims determine if the manufacturer is liable. In addition, if government agencies are responsible for causing a dangerous situation on the water, it might be possible to pursue a federal maritime law claim against them.

Liability

In a negligence case, the injured party must prove that a third party's negligent actions led to their injuries. This means that you must demonstrate that the defendant owed you an obligation of care, that they breached their obligation, and that the breach was the proximate cause of your injury.

Anyone who is operating a boat has a duty to ensure the security of the passengers. This includes ensuring that life vests are provided and ensuring that the vessel is safe, and operating it at a speed that is too fast. If a driver of a boat violates this obligation and causes harm to someone or anyone else, they could be held responsible.

Mechanical failures can also be an important cause of boating accidents. A malfunctioning engine, electrical systems or gear shift, for example can result in a fatal boat accident. In these situations the New York boat accident attorney will look into the possibility of any product liability exists and hold the manufacturer accountable.

Injured patients can recover future and past medical expenses such as ambulance costs as well as doctor bills and hospital treatment costs. They can also claim nursing services as well as nursing and medication services. Victims of injuries are also entitled to claim lost wages dependent on their injuries and not able to return to work. You may also be entitled to compensation for the pain and suffering you experienced due to the accident.

Statute of limitations

When we refer to boat accident litigation it is legal term that refers to any incident involving watercraft that causes serious injuries. Similar to a car accident claim, seeking compensation entails investigation into what happened by identifying and evaluating all parties responsible, and formulating the amount of damages due to the victim. If you have to file a suit against an insurance company, the process can take from months to several years.

Many boat accidents happen because of negligent actions. Negligence is defined as an action that is not in line with the standard care that an average person would have exercised under circumstances. Negligent acts can cause serious injuries, or even death whether it's collision with an object in motion or collision between a boat and another, or a drowning.

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

A common defense tactic used by insurance companies is to say that the plaintiff injured shared some responsibility for their own injury. Our NYC boat accident attorneys fight hard to debunk these claims and reduce 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, then a different set rules will be in place. These cases often involve the State of New York. A skilled attorney can help you navigate these specific rules.