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A lot of people are injured in boating accidents every year. These accidents are more dangerous than car accidents because there is no seat belt, and the injuries are typically more severe.
Similar to a car accident lawsuit, there must be proof of negligence to claim compensation. To demonstrate negligence, a lawyer must prove that someone was owed an obligation and the breach of that duty directly resulting in your injury.
Cause of the Accident
After a boating crash, the first thing you need to do is ensure that everyone involved is secure. Your attorney will then gather all the relevant information including the names and contact information of the persons involved in the accident, as well as witnesses.
The next step is to conduct an extensive investigation into the causes of the accident. This will include taking a look at evidence to see what caused the accident and any injuries or damages that might have been caused as by the crash.
Human error is the cause of a number of boat accidents. Whether the operator was distracted or driving at a speed that was unsafe or drunk on the boat, or making bad judgment calls during an emergency situation these kinds of mistakes could easily cause tragedy.
Other boat accidents are caused by mechanical problems or defective components. If the accident was caused by these types of problems, your attorney will investigate to determine if liability for product defects is at issue.
Other boat accidents cause head injuries or drowning from collisions with a vessel or object. Falling overboard is one of the most frequent causes of boating fatalities in New York. These accidents could also be caused by collisions between a boat and lawsuits fixed objects like bridges, piers or submerged rocks.
Damages
Compensation can help victims and families to recover financial losses caused by accidents. A successful claim will be able to cover medical expenses and lost wages resulting from working hours taken off and other costs.
Similar to car accidents, victims injured in a boating accident must demonstrate that the person accountable for their injuries acted in violation of their duty of care, and that the violation caused their injuries. Boat operators may violate their duty of care by driving under the influence of alcohol or speeding while on the water.
It is vital that victims gather as much information as possible after a boating incident. It is vital to collect the names and contact information of anyone who witnessed the accident and could provide a detailed account. This can help in proving a case in court or with the insurance provider.
In addition to pursuing claims against the boat's owner or operator, injured victims may also pursue product liability lawsuits against the manufacturers of boats that are defective. An attorney who specializes in boating accidents can aid injured victims determine whether the manufacturer is accountable. If the government is responsible for causing danger on the water, it could be possible to file a federal maritime claim against them.
Liability
In a negligence case the plaintiff must establish that the negligent acts of another party caused their injuries. You must prove that the defendant was bound by a duty of care, but violated that duty, and their breach was directly responsible for your injury.
Anyone who owns a boat has a duty to ensure the safety of their passengers. This includes supplying life vests and ensuring that the vessel is safe and sound, and not operating it at a speed that is too fast. If a boat driver breaches this duty and causes harm to else, they can be held responsible.
Mechanical failures are also a major cause of boat-related accidents. For example, a defective engine and electrical system or shift could result in an accident that is fatal. Your New York boat accident lawyer will investigate these cases to determine if there is product liability, and hold the manufacturer accountable.
Injured victims are entitled to recover the cost of medical treatment in the past and in the future such as ambulance service charges and doctor bills, hospital treatment costs such as nursing services and costs of prescription drugs. The injured may be entitled to also claim lost wages, depending on the severity of their injuries as well as whether they are not able to return to work. You could also be entitled to compensation for pain and suffering you suffered as a result of the accident.
Statute of limitations
When we refer to lawsuits arising from boat accidents it is legal term that covers any incident on water that results in serious injuries. In the same way as in a car crash in calculating damages and identifying all parties responsible is part of the compensation process. If you must start a lawsuit against an insurance company, this process can take from months to years.
Negligent actions are the cause of many boat-related accidents. Negligence can be defined as any act that does not reflect the standard of care that reasonable people would have exercised in a given circumstance. Negligent acts can cause serious injuries, or even death, whether it's collision with the stationary object or an accident between a vessel and another vessel, or a drowning.
Typically, victims of boat accidents have two years to start a civil lawsuit. Depending on the state law and any other special circumstances, the deadline may be extended.
Insurance companies often use the defense that the injured person is a part of the blame for their injuries. Our NYC lawyer for boat accidents will are determined to challenge this claim and limit the amount of responsibility attributed to you. This will ensure that you receive the maximum amount of compensation. If the negligence of a government agency led to your injury an entirely different set rules will be in place. These cases typically involve the State of New York, and a knowledgeable attorney can assist in navigating these specific laws.
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