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A lot of people are injured in boating accidents each year. These accidents are more dangerous than car accidents because there is no seat belt. Also, the injuries are generally more severe.
In order to receive compensation you must prove that you were negligent. To establish negligence, a lawyer must prove that someone was owed an obligation and the breach of that obligation directly causing your injury.
The cause of the accident
The first step following an accident on a boat is to ensure everyone involved is safe and protected from immediate danger. Once this is accomplished the attorney will collect important information including names and contact information for the people involved in the incident as well as eyewitnesses.
The next step is to conduct a thorough investigation into the causes of the accident. This includes analyzing the evidence to determine why the accident happened and any injuries or damages that resulted from the accident.
Many boat accidents are the result of human error. These errors can lead to tragedy, regardless of whether the operator was distracted, driving at an unsafe speed, drunken boating or making bad choices during an emergency.
Other boat accidents occur because of mechanical malfunction or defective components. If these problems caused the accident, your lawyer will investigate and determine if the liability of the manufacturer is at issue.
Some boat accidents result in head trauma or drowning due to collisions with another vessel or other object. This can result in a person falling overboard which accounts for 70% of all boating deaths reported in New York since 2005. These accidents may also occur when a vessel collides with fixed objects, such as bridges and piers, or submerged rocks.
Damages
While there is no way to bring those who love ones have been injured or killed in boating accidents, compensation can aid victims and their families cope with financial losses caused by the accident. A successful claim can pay for boat Accident lawyers medical expenses, lost wages resulting from time off work due to injuries, as well as other costs.
Similar to car accidents, those who suffer injuries in a boating accident have to demonstrate that the person accountable for their injuries did not fulfill their duty to care, and that the violation was the cause of their injuries. Boat operators may breach their duty of care by driving under the influence of alcohol or speeding while on the water.
It is essential that victims gather as much information as possible after a boating incident. This includes getting the names and contact information of anyone who witnessed the incident happen and can provide witnesses' accounts. This will help to strengthen your case in court or when dealing with the insurance company of the party at the fault.
Victims injured are able to file product liability lawsuits in addition to claims against the boat's owner and operator. A lawyer who has experience in boating accidents could assist injured victims to determine whether the manufacturer is responsible. In addition, if government agencies are responsible for causing an unsafe situation on the water, it may be possible to bring an federal maritime law claim against them.
Liability
In a negligence case, the person who is injured must prove that another's negligent actions caused their injuries. This means that you must demonstrate that the defendant owed you a duty of care, and that they breached this duty, and that their breach was the proximate cause of your injury.
Anyone who is operating a boat is responsible for the security of the passengers. This includes supplying life jackets, making sure the vessel is water-tight and not driving it at high speeds. If a person operating a boat violates this duty and causes injury to someone else the other party could be held accountable.
Mechanical failures are also one of the most common causes of boating accidents. For instance, a damaged engine, electrical system or gear shift could lead to an accident that is fatal. Your New York boat accident lawyer will investigate the circumstances to determine if there is product liability involved and hold the manufacturer accountable.
Victims of injuries are entitled to recover future and past medical expenses that include ambulance service costs and doctor bills, hospital treatment costs such as nursing services and costs of medications. Injured victims might be able to claim lost wages too depending on the extent of their injuries as well as whether they are in a position to return to work. Additionally, you could be entitled to recover compensation for any pain and suffering you suffered as a result of the accident.
Statute of Limitations
Boat accident litigation is a legal term that refers to any incident involving watercrafts that causes serious injury. In the same way as an automobile accident taking into account damages and identifying all parties responsible is part of the compensation process. This process could take anywhere from months to years if it's necessary to make a claim against an insurance company.
Negligent actions are the cause of many boat accidents. Negligence is defined as any action that does not be in line with the standard of care that reasonable people would have used in a specific situation. If it's a collision with another boat or stationary object or drowning fatally, negligent actions can cause serious injuries, and even death.
In general those who suffer from boating accidents have up to two years in which to file a civil suit. Based on the law of the state and any special circumstances this deadline can be extended.
A common defense tactic of insurance companies is to assert that the injured plaintiff had a share of responsibility for their own injuries. Our NYC boat accident lawyers are determined to challenge these claims and limit the amount of blame assigned to you. This will ensure that you get the maximum amount of compensation. If the negligence of a government entity caused your injury the different set of rules will apply. These cases typically involve the State of New York, and a knowledgeable attorney can help navigate these unique provisions.
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