What Is Boat Accident Litigation?

Every year boating accidents are the cause of many injuries. These accidents are more dangerous than car crashes due to the fact that there is no seat belt and the injuries are usually more severe.

Like in a car accident lawsuit there must be evidence of negligence in order to get compensation. To demonstrate negligence, a lawyer has to establish that someone owed you a duty and breached this obligation directly led to your injury.

Cause of the Accident

After a boating accident, the first thing you need to do is to ensure that everyone is secure. Your attorney will then gather all the necessary information including the names and contact information of the persons involved in the accident, as well as witnesses.

The next step is to conduct a thorough investigation into the cause of the accident. This will include taking a look at evidence to determine how the accident occurred as well as any damage or injuries that could result as an outcome of the accident.

Human error is the root cause of many boat accidents. If the boater was distracted or driving at a speed that was unsafe or drunk while boating, or making bad judgment calls during an unexpected emergency, these types of mistakes can easily lead to tragedy.

Other aberdeen Boat accident law firm accidents are caused by mechanical malfunctions or parts that are defective. If the accident was caused by these types of issues, your attorney will investigate to determine if liability for the product is involved.

Some boat accidents result in head trauma or drowning because of a collision with another vessel or object. This could include a fall overboard which accounts for 70% of all boating deaths reported in New York since 2005. These accidents could also result from collisions between boats and fixed objects, like piers, bridges or submerged rocks.

Damages

While no amount of money will bring families back loved ones who have been injured or killed in a boating accident Compensation can aid victims and their families overcome financial burdens caused by the accident. A successful claim will be able to cover medical costs as well as lost wages due to absence from work, and other costs.

Similar to car accidents, [empty] to be able to claim damages from a boating accident victims must prove that the person responsible for their injuries breached their obligation of care and this breach was the sole reason for their injuries. For instance, a boat operator might breach this duty by operating their vessel under the influence of alcohol or while speeding on the water.

It is vital that victims collect the most information they can following a boating accident. It is vital to collect the contact details and names of anyone who witnessed the accident and provide a detailed account. This will help you strengthen your case in court or when dealing with the insurance company of the party at fault.

In addition to seeking claims against the owner or operator, injured victims may also pursue product liability lawsuits against the makers of defective boats. A boating accident attorney can assist injured victims in determining whether the manufacturer is responsible. In cases where government agencies are responsible for causing danger on the water, it could be possible to pursue a federal maritime law claim against them.

Liability

In a claim for negligence the person who is injured must establish that the negligent acts of another party led to their injuries. This means you have to prove that the defendant owed you a duty of care, that they breached this duty, and that their breach was the sole cause of your injury.

Anyone who is operating a boat has a duty to ensure the security of the passengers. This includes ensuring that life vests are provided as well as ensuring that the vessel is safe, and driving it too fast. If a boater fails to fulfill this duty and causes injury to someone else, that party can be held liable.

Mechanical failures can be the main cause of boating accidents. A malfunctioning engine, electrical systems or gear shifts for instance could result in an accident that kills a boater. Your New York boat accident lawyer will examine the circumstances to determine if there is product liability, and hold the manufacturers accountable.

Victims of injuries can claim compensation for the costs of medical treatment in the past and into the future which include ambulance charges or doctor bills as well as hospital treatment costs. They may also be able to claim for nursing care including medications, nursing services and other medical services. Injured patients can also claim lost wages, depending on their injuries and unable return to work. You may also be entitled to compensation for the pain and suffering you suffered in the aftermath of the accident.

Statute of limitations

Boat accident litigation is a legal term that refers to any incident involving a boat which causes serious injury. Like a car crash claim, pursuing compensation involves investigation into what happened by identifying and evaluating all accountable parties, and then making a calculation of the damages due to the victim. The process can take from months to years if necessary to start a lawsuit against an insurance company.

Negligent actions are responsible for numerous bellingham boat accident lawyer accidents. Negligence is defined as an act that is not in accordance with the standard care that a reasonable individual would have exercised under circumstances. Negligent acts can cause serious injuries or even death whether it's the result of a collision with an object in motion, collision between a boat and another, or drowning.

In general the case of boating accidents, victims have up to two years within the time to file a civil lawsuit. However, based on state laws and the specific circumstances that exist, this deadline may be extended.

Insurance companies often use the defense that the plaintiff injured is a part of the blame for their injuries. Our NYC lawyers who represent victims of boat accidents work hard to disprove and limit the amount awarded to you. This will ensure that you receive the maximum amount of compensation. If your injury was caused by the negligence of an agency of government, then a different set rules will apply. These cases will often involve the State of New York, and a skilled attorney can help navigate these unique laws.