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Many people are injured in boating accidents every year. These accidents are more dangerous than car crashes because there is no seat belt in place and the injuries are often more severe.
Similar to a car accident lawsuit it is necessary to prove of negligence to claim compensation. To show negligence, a lawyer has to establish that someone owed you an obligation and that their breach of this duty directly caused your injury.
Cause of the Accident
The first step after an accident with a boat is to make sure everyone involved is secure and safe from immediate danger. Your lawyer will then gather all the information needed including the names and contact details of the people involved in the accident, as well as eyewitnesses.
The next step is to conduct an extensive investigation into the causes of the accident. This includes looking over the evidence to determine why the accident took place and any damage or injuries caused by the accident.
Many boat accidents are the result of human error. If the boater was distracted or driving at unsafe speeds or drunk while boating, or making poor judgment calls in an emergency These kinds of errors can easily lead to tragedy.
Other boat accidents happen because of mechanical issues or parts that are defective. If these issues caused the accident your lawyer will conduct an investigation and determine if the responsibility of the manufacturer is in question.
Another type of boat accident can result in drowning or head trauma because of a collision with another vessel or other object. This can result in a person falling overboard, which accounts for 70 percent of all deaths from boating reported in New York since 2005. These accidents can also be the result of collisions between boats and fixed objects like bridges, piers and rocks.
Damages
While no amount of money can bring those who love ones have been injured or killed in a boating accident the compensation offered by compensation can aid the families of victims deal with financial losses incurred by the incident. A successful claim can cover medical costs, lost wages from time off work due to injury, and other costs.
Like car accidents victims who are injured in a boating incident must prove that the person responsible for their injuries violated their duty to care, and that this breach caused their injuries. For example an operator of a boat may breach their duty of care by operating their vessel while under the influence of alcohol or while speeding on the water.
It is vital that victims gather as much information as they can after a boating incident. It is important to get the names and contact numbers of all witnesses to the accident and give a full account. This can aid in proving your case in court or when dealing with the insurance company of the party at fault.
In addition to seeking claims against the boat owner or operator, injured people can also file a product liability lawsuit against the manufacturers of defective boats. A boating accident attorney can assist injured victims to determine whether the manufacturer is accountable. Additionally, in cases where government agencies are responsible for causing an unsafe situation on water, it could be possible to bring a federal maritime law claim against them.
Liability
In a case of negligence the person who is injured must prove that another party's negligent actions led to their injuries. You must prove that your defendant was obligated to you of care, but violated that duty, and their breach was directly responsible for your injury.
Anyone who operates a boat is responsible for the security of the passengers. This includes ensuring that life vests are provided as well as ensuring that the vessel is safe, and speeding it up. If a boat driver breaches this obligation and causes harm to someone or anyone else, they could be held accountable.
Mechanical problems can also be an important cause of boating accidents. A defective engine, electrical systems or gear shifts, for example can result in an unfathomable boat accident. In these instances you New York boat accident attorney will determine if product liability is involved and hold the manufacturer responsible.
Injured patients can recover future and past medical expenses, including ambulance fees as well as doctor bills and hospital treatment costs. They can also claim for nursing care, medications and nursing services. Injured victims might be able to claim lost wages, too dependent on the severity of their injuries and whether they are not able to return to work. You could also be entitled to compensation for pain and suffering you endured in the aftermath of the accident.
Statute of Limitations
Boat accident litigation is a legal term that refers to any incident involving a watercraft that results in serious injury. In the same way as in a car crash the calculation of damages and the identification of the responsible parties is an integral part of the compensation process. If you have to bring a lawsuit against an insurance company, the process can take from months to several years.
Negligent actions are responsible for many boat-related accidents. Negligence can be defined as any action that fails to meet the standards of care that a reasonable person would have applied under a specific circumstance. If it's an accident with another boat or a stationary object drowning death, negligent actions can cause serious injuries, and even death.
Typically, victims of boat accidents have two years to start a civil lawsuit. However, depending on the state law and any special circumstances, this deadline may be extended.
A common defense tactic of insurance companies is to assert that the injured plaintiff shared some responsibility for their own injuries. Our NYC boat accident law firm accident attorneys work hard to disprove these claims and reduce the amount of blame that is assigned to you. This will allow you to get the highest amount of money possible. If your injury was caused by the negligence of a government agency and a different set of rules will apply. These cases typically involve the State of New York, and an experienced attorney can assist in navigating these specific provisions.
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