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A lot of people are injured in boating accidents every year. These accidents are more serious than car crashes because there is no seat belt. Also, the injuries are often 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 an obligation and that their breach of this duty directly caused your injury.
The reason for the accident
After a boating crash, the first thing to do is ensure that everyone is secure. After this is done the attorney will collect important information including names and contact information of those who were involved in the accident and eyewitnesses.
The next step will be to conduct an in-depth inquiry into the incident's cause. This will include examining the evidence to determine why the accident occurred and any injuries or damages caused by the crash.
Human error is the cause of many boat-related accidents. These errors can lead to tragedy, regardless of whether the boat operator was distracted, driving at unsafe speed, drunken boating or simply making poor choices during an emergency.
Other boat accidents are the result of mechanical failure or defective components. If these problems caused the accident your lawyer will investigate and determine if the liability of the manufacturer is at issue.
Other boat accidents may cause drowning or head injuries because of collisions with another vessel or a piece of equipment. This can result in a person falling overboard and causing 70 percent of all boating deaths reported in New York since 2005. These accidents also happen when a vessel collides with fixed objects like bridges or piers, or submerged rocks.
Damages
Compensation can help victims and families overcome the financial burdens caused by an accident. A successful claim may cover medical expenses, lost wages due to the absence of work due to injuries, and other expenses.
Like car accidents, those who suffer injuries in a boating incident must be able to prove that the person who is responsible for their injuries acted in violation of their duty of care, and that the violation was the cause of their injuries. Boat operators may violate their duty of care by driving under the influence or speeding while on the water.
It is important that victims gather as much information as they can following a boating accident. It is essential to obtain the contact details and names of anyone who was present at the accident and give a full account. This can help in proving an argument in court, or with the at-fault party's insurance company.
In addition to pursuing claims against the boat owner or operator, injured people can also pursue product liability lawsuits against the makers of boats that are defective. An attorney who is specialized in boating accidents can aid injured victims determine whether the manufacturer is responsible. If the government is responsible for creating dangerous conditions in the water, it may be possible to bring an federal maritime claim against them.
Liability
In a negligence case, the person who is injured must prove that the other party's negligent actions led to their injuries. You must prove that the defendant was obligated to you of care, breached this duty, and their breach was directly accountable for your injuries.
Anyone who manages an vessel is responsible to ensure the safety and well-being of their passengers. This includes providing life jackets and ensuring that the vessel is seaworthy, and not driving it too fast. If a boat driver violates the rules and hurts someone or anyone else, they could be held responsible.
Mechanical failures can be an important cause of boating accidents. For instance, a damaged engine and electrical system or shift could lead to an accident that is fatal. In these cases the New York boat accident attorney will look into the possibility of the manufacturer is responsible and hold the manufacturer responsible.
Victims of injuries can claim compensation for the costs of medical treatment in the past and into the future, including ambulance fees or doctor bills as well as hospital treatment costs. They may also be able to be able to claim nursing services, medications and nursing services. The injured may be entitled 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. In addition, you may be entitled to compensation for any pain and suffering that you endured in the aftermath of the accident.
Statute of Limitations
When we talk about boat accident law firm accident litigation as legal and covers any watercraft incident that results in serious injuries. Like a car crash claim, seeking compensation involves investigation into what happened as well as identifying and evaluating the responsible parties, and in calculating the amount of damages owed to the victim. If you must file a suit against an insurance company, the process can take from months to years.
Many boat accidents occur because of negligent actions. Negligence is any action that fails to conform to the standard of care that a reasonable person would have applied in a specific situation. If it's a collision with another boat, a stationary object or a fatal drowning, negligence can cause serious injuries, and even death.
In general the case of boating accidents, victims have up to two years within the time to file a civil lawsuit. But, depending on the state law and other special circumstances that exist the deadline could be extended.
A common defense strategy employed by insurance companies is to claim that the injured plaintiff took some responsibility for their own injuries. Our NYC boat accident attorneys fight hard to disprove these claims and limit the amount of blame that is assigned to you. This will allow you to receive the most money you can get. If the negligence of a government agency has caused your injury the different set of rules will apply. These cases will typically involve the State of New York, and a knowledgeable attorney can help navigate these unique regulations.
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