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What Is Boat Accident Litigation?

Every year boating accidents cause a lot of injuries. These accidents are more serious than car crashes because there is no seat belt in place and the injuries are typically more severe.

Similar to a car accident lawsuit there must be proof of negligence to receive compensation. To prove negligence, a lawyer must prove that someone was owed a duty and breached this obligation directly causing your injury.

Cause of the Accident

After a boating incident, the first thing to do is ensure that everyone involved is safe. Your attorney will then gather all the necessary 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 includes analyzing the evidence to determine why the accident occurred and any injuries or damages that resulted from the accident.

Many boat accidents are the result of human error. The operator may have been distracted or driving at a dangerous speed, intoxicated boating or simply making poor judgment calls in an emergency situation such mistakes can easily lead to tragedy.

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

Other boat accidents may cause drowning or head injuries because of collisions with another vessel or object. Overboard falls are among the most common causes of fatalities involving boats in New York. These accidents can also happen when a boat comes into contact with fixed objects such as piers or bridges, or submerged rocks.

Damages

Compensation can help victims and families to recover financial losses due to an accident. A successful claim will cover medical costs and lost wages due the absence of work, as well as other costs.

Similar to car accidents, victims injured in a boating incident must establish that the person responsible for their injuries acted in violation of their duty of care and that the violation was the cause of their injuries. Boat operators can violate their duty of care by driving under the influence or speeding while on the water.

After a boating accident it is essential to collect as much information regarding the incident as you can. This includes obtaining the names and contact information for anyone who witnessed the accident happen and can provide a witness account. This will help to strengthen 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 owner or operator, injured people can also pursue lawsuits for product liability against the makers of defective boats. An attorney who specializes in boating accidents can aid injured victims determine if the manufacturer is responsible. In cases where government agencies are responsible for causing a dangerous situation on the water, it may be possible to pursue an federal maritime law claim against them.

Liability

In a claim for negligence the plaintiff must demonstrate that the negligent actions of a third party caused their injuries. This means that you must prove that the defendant was liable to you under the duty of care, and that they violated that duty, and that their breach was the main cause of your injury.

Anyone who operates a boat is responsible for the safety of its passengers. This includes providing life jackets and making sure the vessel is water-tight and not operating at an high speeds. If a boat driver violates this obligation and causes harm to someone else, they can be held accountable.

Mechanical failures can be the main cause of boating accidents. For instance, a faulty engine, electrical system or gear shift could result in a fatal accident. In these situations you New York boat accident law firm accident attorney will determine if the manufacturer is responsible and hold the manufacturer responsible.

Injured patients can recover past and future medical costs such as ambulance costs as well as doctor bills and hospital treatment costs. They may also be able to claim for nursing care, medications and nursing services. Injured victims can also claim lost wages in the event of injuries and unable return to work. You may also be entitled to compensation for pain and suffering you suffered as a result of the accident.

Statute of limitations

When we talk about the legality of boat accidents, it is legal and covers any watercraft incident that causes serious injuries. Similar to a car accident the calculation of damages and the identification of the parties responsible is a part of the compensation process. This process could take anywhere from months to years if it's necessary to start a lawsuit against an insurance company.

Negligent acts are the reason behind many boat-related accidents. Negligence is defined as an act that is not in accordance with the standard care that an average person would have exercised under the circumstances. Negligent actions can cause serious injuries, or even death whether it's an accident with an object in motion, a collision between a boat and another, or even a drowning.

Typically the victims of boat accidents have two years to start a civil lawsuit. Based on the law of the state and any other special circumstances, this time frame can be extended.

Insurance companies frequently use the argument that the injured person is partly responsible for their injuries. Our NYC boat accident attorneys work hard to disprove these claims and limit the amount of fault assigned to you. This will help you receive the maximum financial award possible. If the negligence of a government agency has caused your injury the different set of rules will apply. These cases typically involve the State of New York, and an experienced attorney can help navigate these unique provisions.