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Many people are hurt in boating accidents each year. These accidents are more serious than car crashes because there is no seat belt, and the injuries are usually more severe.
As in a car crash lawsuit there must be proof of negligence to receive compensation. To prove negligence, a lawyer must establish that someone else owed you the duty of care and that breach of this obligation directly led to your injury.
The reason for the accident
The first step following an accident on a boat is to ensure everyone involved is safe and protected from immediate danger. Your attorney will then gather all the relevant information, including names and contact details of those involved in an accident, as well as witnesses.
The next step is to conduct a thorough investigation into the causes of the accident. This will involve reviewing the evidence to see what caused the accident, including any injuries or damages that might have been caused as an outcome of the crash.
Many boat accidents happen because of human error. Whether the operator was distracted or driving at a dangerous speed, intoxicated boating or simply making poor judgement calls during an emergency, these types of mistakes could easily cause tragedy.
Other boat accidents are the result of mechanical malfunction or defective components. If the accident was caused by these kinds of issues, your lawyer will investigate to determine if product liability is at issue.
Still other boat accidents result in head trauma or drowning as a result of a collision another vessel or other object. This can result in a person falling overboard which accounts for 70 percent of all boating deaths reported in New York since 2005. These accidents could also be caused by collisions between a boat and fixed objects like piers, bridges or submerged rocks.
Damages
While no amount of money will bring back loved ones who have been injured or killed in a boating accident Compensation can assist victims and their families deal with financial losses incurred by the incident. A successful claim will cover medical costs and lost wages resulting from time off work and other costs.
Like car accidents those who suffer injuries in a boating accident have to be able to prove that the person who is responsible for their injuries has violated their duty of care and that this violation was the cause of their injuries. For instance an operator of a boat could violate this duty by operating their boat under the drunk or speeding on the water.
It is vital that victims collect as much information as possible after a boating incident. This includes gathering the names and contact information for anyone who saw the incident happen and can provide testimony. This could strengthen an argument in court or with the at-fault party's insurance provider.
Victims injured can file product liability lawsuits, in addition to claims against the boat owner and operator. An attorney with expertise in boating accidents may help injured victims determine whether the manufacturer is accountable. In cases where the government is responsible for causing an unsafe situation on the water, it could be possible to bring a federal maritime claim against them.
Liability
In a negligence case, the injured party must demonstrate that the negligent actions of a third party resulted in their injuries. You must prove that the defendant owed you a duty of care, but violated this duty, and their negligence was directly responsible for your injuries.
Anyone who operates a boat is responsible for the security of the passengers. This includes supplying life jackets, making sure the vessel is safe and not driving it at high speeds. If a boater violates this duty and causes someone else harm it is possible to be held liable.
Mechanical failures can also be a leading cause of boating accidents. A malfunctioning engine, electrical systems or gear shifts, for example could result in a fatal boat accident. Your New York boat accident lawyer will examine these cases to determine if there is product liability, and hold the manufacturers responsible.
Victims of injury are entitled to reimbursement of the cost of medical treatment in the past and in the future, including ambulance service fees as well as doctor's bills, hospital treatment costs including nursing services, as well as the cost of prescription drugs. Victims of injuries are also entitled to claim lost wages in the event of injuries and not able to return to work. You may 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 refers to any incident involving watercraft that results in serious injuries. Similar to the case with car accidents in calculating damages and identifying the parties responsible is a part of the compensation process. If you need to start a lawsuit against an insurance company, the process could take from months to years.
Many boat accidents happen because of negligence. Negligence is any act that fails to conform to the standard of care that a reasonable person would have applied in a specific situation. If it's collision with another vessel, a stationary object or drowning fatally, negligence can cause grave injuries or even death.
Typically victims of boat accidents have two years to make a civil suit. However, based on state law and special circumstances, this deadline may be extended.
Insurance companies often rely on the excuse that the plaintiff who suffered an injury is a part of the blame for their injuries. Our NYC lawyers for boat accidents are determined to challenge these allegations and limit the amount of fault assigned to you. This will ensure that you receive the most money you can get. 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, boat Accident lawsuits and an experienced attorney can assist in navigating these unique provisions.
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