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Each year boating accidents cause a lot of injuries. These accidents are more serious due to the fact that there is no safety belt and the injuries can be more serious.
Like in a car accident lawsuit there must be proof of negligence to claim compensation. To prove negligence, a lawyer must prove that someone owed you an obligation and that their breach of this duty directly caused your injury.
The reason for the accident
The first step following an accident on the water is to ensure that everyone involved is secure and safe from immediate danger. Your attorney will then collect all the information needed including the names and contact information of the persons involved in the accident, as well as witnesses.
The next step will be to conduct a thorough investigation into the accident's cause. This includes looking over the evidence to determine why the accident took place and also any injuries or Boat Accident Attorneys damages caused by the collision.
Human error is the cause of a number of boat accident law firms accidents. It doesn't matter if the person was distracted or driving at a dangerous speed or drunk while boating, or making poor judgement calls during an emergency, these types of mistakes could easily cause tragedy.
Other boat accidents are caused by mechanical failures or parts that are defective. If these issues caused the accident the lawyer will investigate and determine if the responsibility of the manufacturer is in question.
Another type of boat accident can 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 deaths reported in New York since 2005. These accidents could also result from collisions between boats and fixed objects, like bridges, piers and rocks.
Damages
Compensation can help victims and families cope with the financial losses that result from an accident. A successful claim can cover medical expenses and lost wages resulting from time off work and other costs.
Like car accidents, victims who are injured in a boating accident must prove that the person responsible for their injuries violated their duty of care and that the violation caused their injuries. For example an operator of a boat could violate this duty by operating their vessel under the impaired by alcohol or speeding on the water.
It is crucial that victims collect as much information as they can after a boating incident. This includes obtaining the names and contact details for anyone who witnessed the incident happen and can provide testimony. This can help strengthen your case in court or Boat Accident Attorneys when dealing with the insurance company of the party at fault.
In addition to pursuing claims against the owner of the boat or operator, injured victims may also file a product liability lawsuit against the manufacturers of defective boats. A lawyer who specializes in boating accidents can aid injured victims determine whether the manufacturer is accountable. If the government is responsible for creating a hazardous situation on the water, it might be possible to bring an federal maritime claim against them.
Liability
In a negligence case, the victim must prove that another's negligence caused their injuries. You must prove that the defendant was obligated to you of care, and breached this duty, and that their breach was directly responsible for the injury you sustained.
Anyone who operates a vessel has a responsibility to ensure the safety of its passengers. This includes providing life jackets and making sure that the vessel is in good condition and not operating at an excessive speeds. If a boat driver breaches the rules and hurts someone else, they can be held responsible.
Mechanical failures can be one of the most common causes of boating accidents. A defective engine, electrical system or gear shift, for example can result in a fatal boat crash. In these situations you New York boat accident attorney will look into the possibility of the manufacturer is responsible and hold the manufacturer accountable.
The injured victim is entitled to reimbursement of the cost of medical treatment in the past and in the future which include ambulance service fees and doctor bills hospital treatment expenses as well as nursing services and the cost of prescription drugs. The injured may be entitled to also claim lost wages based on the severity of their injuries as well as whether they are unable to return to work. You may also be entitled to compensation for pain and suffering you experienced due to the accident.
Statute of Limitations
When we refer to legal action involving a boat accident lawsuit accident it is a legal term that encompasses any watercraft accident that results in serious injuries. Similar to an automobile accident, calculating damages and identifying the responsible parties is an integral part of the compensation process. The process can take from months to years if it's necessary to bring a lawsuit against an insurance company.
Many boat accidents occur because of the negligence of others. Negligence is any action that fails to reflect the standard of care that a reasonable person would have used under a specific circumstance. Negligent actions can result in serious injuries, or even death, whether it's the result of a collision with a stationary object or an accident between a vessel and another, or even a drowning.
In general those who suffer from boating accidents have up to two years in the time to file a civil lawsuit. Based on the law of the state and any special circumstances the deadline may be extended.
Insurance companies often use the defense that the injured plaintiff is partly responsible for their injuries. Our NYC boat accident attorneys fight hard to disprove these claims and reduce the amount of fault assigned 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 and a different set of rules will apply. These cases typically involve the State of New York. A knowledgeable attorney can help you navigate these specific rules.
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