What Is Boat Accident Litigation?

Many people are injured in boating accidents each year. These accidents are more serious than car accidents due to the fact that there is no seat belt in place and the injuries are generally more severe.

Similar to a car accident lawsuit there must be proof of negligence to receive compensation. To prove negligence, a lawyer has to prove that someone owed you the duty of care and that breach of this duty directly resulting in your injury.

Cause of the Accident

After a boating incident, the first thing you need to do is ensure that everyone is safe. After that your lawyer will gather important information including names and contact information for all those involved in the accident as well as eyewitnesses.

The next step is to conduct an extensive investigation into the cause of the accident. This includes looking over the evidence to determine how the accident occurred, as well as any injuries or damages that resulted from the accident.

Many boat accidents happen as a result of human mistakes. The operator may have been distracted or driving at a speed that was unsafe, intoxicated boating or simply making poor judgement calls during an emergency situation, these types of mistakes can easily lead to tragedy.

Other boat accidents happen because of mechanical issues or parts that are defective. If the accident was caused by these kinds of issues, your attorney 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 object. It could be due to 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 deal with the financial burdens caused by accidents. A successful claim could cover medical costs, lost wages from the absence of work due to injury, and other costs.

Similar to car accidents, in order to claim damages for an accident involving a boat, victims must show that the person responsible for their injuries was negligent in their duty of care and that this breach was the direct cause of their damages. Boat operators may breach their duty of care by driving under the influence or speeding on the water.

It is crucial that victims gather the most information they can after a boating incident. It is important to get the names and contact information of anyone who witnessed the accident and can give a full account. This can aid in proving your case in court or when dealing with the insurance company of the party at fault.

In addition to pursuing claims against the boat owner or boat accident lawyers operator, injured people can also file a product liability lawsuit against the makers of boats that are defective. A lawyer for boating accidents can help injured victims determine whether the manufacturer is accountable. Additionally, in cases where government agencies are responsible for causing a dangerous situation on the water, it could be possible to bring an federal maritime law claim against them.

Liability

In a negligence claim the plaintiff must demonstrate that the negligent actions of a third party resulted in their injuries. This means you have to establish that the defendant was liable to you under a duty of care, [Redirect Only] and that they violated that obligation, and that their breach was the proximate reason for your injury.

Anyone who operates an vessel is responsible to ensure the safety and security of their passengers. This includes providing life vests and ensuring that the boat is safe, and driving it too fast. If a boat accident lawyers driver breaches this duty and harms someone other person, they may be held accountable.

Mechanical failures can also be a major cause of boat-related accidents. For example, a defective engine or electrical system, or a gear shift could cause an accident that is fatal. Your New York boat accident lawyer will investigate these cases to determine if there is any product liability and hold the manufacturer accountable.

Injured victims can claim the costs of medical treatment in the past and into the future, including ambulance fees, doctor bills and hospital treatment costs. They can also claim for nursing care such as medications, nursing and nursing services. Victims of injuries are also entitled to claim lost wages in the event of injuries and unable return to work. You may also be entitled to compensation for pain and suffering you endured in the aftermath of the accident.

Statute of limitations

When we speak of lawsuits arising from boat accidents it is legal term that covers any incident on water that results in serious injuries. Like a car accident claim, seeking compensation requires investigating what happened by identifying and evaluating all responsible parties, and in calculating the amount of damages owed to the victim. This process could take anywhere from months to years if necessary to start a lawsuit against an insurance company.

Many boat accident lawyers accidents happen because of negligent actions. Negligence can be defined as any action that is not in line with the standard of care reasonable people would have exercised in the circumstances. Negligent acts can cause serious injuries or even death whether it's an accident with an object in motion, the collision of a boat and another, or even a drowning.

Typically those who suffer from boat accidents have two years to file a civil lawsuit. Depending on the laws of the state and any other special circumstances, this time frame can be extended.

One common defense tactic employed by insurance companies is to say that the injured plaintiff took some responsibility for their own injuries. Our NYC lawyers for boat accidents fight hard to disprove this claim 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 entity caused your injury, a different set of rules will apply. These cases will typically involve the State of New York, and a knowledgeable attorney can assist in navigating these unique regulations.