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Every year boating accidents cause a lot of injuries. These accidents are more serious because there is no safety belt on the boat and the injuries could be more serious.
As in a car crash lawsuit there must be proof of negligence in order to get compensation. To establish negligence, an attorney must prove that a person owed a duty to you and breached it directly causing your injury.
The cause of the accident
After a boating accident, the first step is to ensure that everyone is secure. Once this is accomplished, your attorney will collect important information including names and contact details of those who were who were involved in the accident and eyewitnesses.
The next step will be to conduct an in-depth investigation into the cause of the accident. This involves taking a look at the evidence to determine how the accident happened, including any damage or injuries that could result as an outcome of the accident.
Many boat accidents happen because of human error. If the boater was distracted or driving at unsafe speeds, intoxicated boating or simply making a poor decision in an emergency situation such mistakes can lead to disaster.
Other boat accidents happen because of mechanical malfunction or defective parts. If the accident was caused by these types of issues, your attorney will determine if the liability of the manufacturer is involved.
Some boat accidents result in head trauma or drowning due to a collision with another vessel or object. It could be due to falling overboard and causing 70 percent of all deaths reported in New York since 2005. These accidents can also be caused by collisions between boats and fixed objects like piers, bridges or submerged rocks.
Damages
Compensation can assist families and victims cope with the financial losses that result from an accident. A successful claim will be able to cover medical costs and lost wages due time off work and other costs.
Like car accidents, those who suffer injuries in a boating accident must be able to prove that the person who is responsible for their injuries did not fulfill their duty of care, and that the breach caused their injuries. Boat operators may violate their duty of care by driving under the influence or speeding on the water.
Following an incident on the water It is crucial to collect as much information regarding the incident as you can. This includes gathering the names and contact information for anyone who saw the accident occur and who can provide an account of the witness. This could help bolster an argument in court or with the insurance company.
Victims of injuries are able to file product liability lawsuits in addition to claims against the owner of the boat and operator. An attorney who specializes in boating accidents can help injured victims determine if the manufacturer is accountable. In addition, if government agencies are responsible for creating an unsafe situation on water, it could be possible to bring an federal maritime law claim against them.
Liability
In a case of negligence the injured party must prove that another's negligent actions caused their injuries. This means you have to prove that the defendant owed you a duty of care, that they breached this duty, and that their breach was the sole cause of your injuries.
Anyone who operates a boat has a duty to ensure the safety of his or her passengers. This includes providing life jackets, making sure that the vessel is in good condition and not driving it at high speeds. If a boater violates the rules and hurts someone else, they can be held accountable.
Mechanical failures are also a leading cause of boating accidents. For instance, a malfunctioning engine or electrical system, or even a gear shift could lead to an accident that is fatal. Your New York boat accident lawyer will investigate these cases to determine if there is the possibility of product liability and hold the manufacturers responsible.
Victims of injuries are entitled to recover future and past medical expenses, including ambulance service fees as well as doctor's bills, hospital treatment costs such as nursing services and costs of medicines. Injured victims may be able to claim lost wages as well depending on the extent of their injuries and if they are incapable of returning to work. Additionally, you could be entitled to claim compensation for any suffering and pain you endured in the aftermath of the accident.
Statute of limitations
When we refer to lawsuits arising from boat accidents as legal term that refers to any watercraft accident that results in serious injuries. Similar to a car accident claim, seeking compensation requires finding out what happened as well as identifying and evaluating the responsible parties, and formulating the amount of damages due to the victim. If you have to file a suit against an insurance company, this process could take from months to years.
Negligent actions are the cause of numerous boat accidents. Negligence is defined as an action that is not in line with the standard of care that a reasonable individual would have exercised under an unforeseen circumstance. Negligent acts can cause serious injuries or even death whether it's collision with the stationary object, a collision between a boat and another vessel, or a drowning.
Typically those who suffer from boat accident attorney accidents have two years to bring a civil lawsuit. However, depending on state laws and the specific circumstances that exist the deadline could be extended.
Insurance companies often argue that the injured person is partly responsible for their injuries. Our NYC boat accident lawyers work hard to disprove this claim and limit the amount of blame assigned to you. This will allow you to get the most money you can get. If your injury was the result of the negligence of an agency of government the different set of rules will be in place. These cases often involve the State of New York. A knowledgeable attorney can help you navigate these special rules.
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