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Many people are injured in boating accidents every year. These accidents are more dangerous than car accidents due to the fact that there is no seat belt in place and the injuries are often more severe.
As in a car crash lawsuit, there must be proof of negligence to receive compensation. To prove negligence, a lawyer must prove that someone owed you an obligation and that their breach of this duty directly resulting in your injury.
The reason for the accident
The first step after a boat accident involves ensuring everyone involved is safe and protected from immediate danger. After this is done your lawyer will gather crucial information like names and contact details for all those who were involved in the accident as well as eyewitnesses.
The next step will be to conduct an in-depth investigation into the accident's cause. This will involve examining the evidence to determine how the accident took place and any injuries or damages that resulted from the crash.
Many boat accidents occur because of human mistakes. These errors can lead to disaster, whether the person was distracted, driving at unsafe speed, drunken boating or simply making poor choices during an emergency.
Other boat accidents happen because of mechanical problems or defective components. If these causes caused the accident your lawyer will investigate and determine if product responsibility is at issue.
Still other boat accidents result in head trauma or drowning because of a collision with another vessel or other object. This can include falling overboard, which accounts for 70 percent of all deaths from boating reported in New York since 2005. These accidents may also occur when a boat hits fixed objects like bridges or piers, as well as submerged rocks.
Damages
Compensation can help victims and families deal with the financial burdens caused by an accident. A successful claim can pay for medical expenses, lost wages due to time off work due to injury, and other costs.
Similar to car accidents, those who suffer injuries in a boating collision must prove that the person responsible for their injuries acted in violation of their duty to care, and that this violation was the cause of their injuries. For example the boat owner could be in violation of this obligation by operating their vessel under the drunk or speeding on the water.
Following an incident on the water it is crucial to collect as much information about the accident as you can. It is crucial to collect the names and contact numbers of anyone who was present at the incident and who can give a full account. This can strengthen a case in court or with the insurance company.
Victims who have been injured may file a lawsuit for product liability, in addition to claims against the boat owner and operator. An attorney for boating accidents can assist injured victims in determining if the manufacturer is liable. In the event that the government is responsible for boat Accident creating dangerous conditions in the water, it may be possible to bring a federal maritime claim against them.
Liability
In a negligence case the party who suffered the injury must establish that the negligent acts of another party led to their injuries. This means that you must prove that the defendant owed you a duty of care, and that they did not fulfill this duty, and that their breach was the sole cause of your injuries.
Anyone who operates a vessel has a duty to ensure the safety of their passengers. This includes supplying life jackets, making sure that the vessel is in good condition and not operating it at high speeds. If a boat driver breaches this duty and harms someone else, they can be held accountable.
Mechanical failure is also one of the major causes of boat-related accidents. A defective engine, electrical system or gear shifts, for instance can result in a fatal boat accident. In these instances you New York boat accident attorney will determine if product liability is involved and hold the manufacturer accountable.
The injured victim is entitled to claim past and future medical expenses, including ambulance service fees and boat accident doctor bills hospital treatment expenses including nursing services, as well as the cost of prescription drugs. Injured victims might be able to claim lost wages, too, depending on the severity of their injuries and if they are unable to return to work. You could also be entitled to compensation for pain and suffering you suffered due to the accident.
Statute of limitations
When we talk about boat accident litigation, it is legal term that covers any incident on water that causes serious injuries. In the same way as the case with car accidents in calculating damages and identifying the parties responsible is a part of the compensation process. If you are required to start a lawsuit against an insurance company, the process can last from months to years.
Many boat accidents happen because of the negligence of others. Negligence is defined as any action that is not in line with the standard of care that a reasonable individual would have exercised under the circumstances. Whether it is collision with another vessel or a stationary object, or a fatal drowning, negligent actions can cause grave injuries or even death.
Typically victims of boat accidents have two years to bring a civil lawsuit. Depending on the state law and any special circumstances, this deadline can be extended.
A common defense tactic of insurance companies is to say that the plaintiff who was injured shared some responsibility for their own injury. Our NYC boat accident attorneys work hard to disprove this claim and limit the amount of responsibility attributed to you. This will allow you to get the maximum financial award possible. If the negligence of a government agency caused your injury an entirely different set rules will apply. These cases often involve the State of New York. An experienced attorney can help you navigate these unique provisions.
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