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Each year, boating accidents cause many injuries. These accidents are more dangerous than car crashes due to the fact that there is no seat belt and the injuries are typically more severe.
Like in a car accident lawsuit it is necessary to prove of negligence in order to be compensated. To show negligence, a lawyer must prove that someone was owed a duty and breached this duty directly resulting in your injury.
Cause of the Accident
Following a boating accident the first step is to ensure that everyone is safe. After this is done, your attorney will collect important information including names and contact information for all those who were involved in the accident as well as eyewitnesses.
The next step is to conduct a thorough investigation into the accident's cause. This involves taking a look at the evidence to see how the accident happened, including any injuries or damages that may have occurred as caused by the accident.
Many boat accidents occur because of human mistakes. If the boater was distracted or driving at a dangerous speed or drunk on the boat, or making poor judgment calls in an emergency situation, these types of mistakes could easily cause tragedy.
Other boat accidents are caused by mechanical malfunctions or parts that are not working properly. If these causes caused the accident, your lawyer will investigate and determine if product responsibility is in question.
Other boat accidents cause head injuries or drowning because of collisions with another vessel or an object. Overboard falls are among the most frequent causes of boating deaths in New York. These accidents can also be caused by collisions between a boat and fixed objects like bridges, Boat accident lawyers piers or submerged rocks.
Damages
Compensation can assist families and victims deal with the financial burdens due to an accident. A successful claim will be able to cover the cost of medical bills and lost wages resulting from the absence of work, as well as other expenses.
Like car accidents, those who suffer injuries in a boating collision must establish that the person responsible for their injuries acted in violation of their duty to care, and that the violation caused their injuries. Boat operators may violate their duty of care by driving under the influence of alcohol or speeding while on the water.
It is important that victims collect as much information as they can following a boating accident. This includes getting the names and contact information of anyone who witnessed the incident happen and can provide testimony. This will help to strengthen your case in court or when dealing with the insurance company of the party who is at the fault.
Injured victims are able to file product liability lawsuits as well as claims against the boat owner and operator. An attorney who specializes in boating accidents can assist injured victims determine whether the manufacturer is responsible. Additionally, in cases where government agencies are responsible for creating an unsafe situation on the water, it could be possible to pursue an federal maritime law claim against them.
Liability
In a case of negligence, the victim must prove that a third party's negligence caused their injuries. You must prove that the defendant was bound by a duty of care, but violated that duty, and their breach was directly responsible for your injuries.
Anyone who is the operator of an vessel is responsible to ensure the safety and security of their passengers. This includes supplying life jackets, ensuring the vessel is seaworthy and not operating at an excessive speed. If a person operating a boat violates this duty and boat accident Lawyers causes someone else harm the other party could be held liable.
Mechanical failure can also be an important cause of boat accident lawyers-related accidents. A malfunctioning engine, electrical system or gear shifts, for example, could cause an accident that kills a boater. Your New York boat accident lawyer will examine the circumstances to determine if there's product liability involved and hold the manufacturers responsible.
Victims of injuries are legally entitled to recover the cost of medical treatment in the past and in the future which include ambulance service fees and doctor bills as well as hospital treatment costs including nursing services, as well as the cost of prescription drugs. The injured are also able to claim lost earnings in the event of injuries and not able to return to work. You could also be entitled to compensation for the pain and suffering you suffered as a result of the accident.
Statute of limitations
When we refer to boat accident litigation it is a legal term that encompasses any incident involving watercraft that causes serious injuries. Like a car accident claim, seeking compensation requires investigation into what happened and identifying and evaluating all liable parties, and in calculating the amount of damages owed to the victim. This process can take months to years if necessary to bring a lawsuit against an insurance company.
Many boat accidents happen because of negligence. Negligence can be defined as any act that is not in accordance with the standard care that a reasonable individual would have exercised under the circumstances. Negligent acts can cause serious injuries or even death whether it's the result of a collision with an object that is stationary or an accident between a vessel and another, or a drowning.
Typically, victims of boat accidents have two years to start a civil lawsuit. But, depending on the state law and any special circumstances, this deadline may be extended.
Insurance companies often use the defense that the injured plaintiff is a part of the blame for their injuries. Our NYC boat accident lawyers are determined to challenge these claims and limit the amount of blame that is assigned to you. This will ensure that you receive the maximum amount of compensation. If your injury was caused by the negligence of a government agency the different set of rules will apply. These cases usually involve the State of New York. An experienced attorney can assist you navigate these special rules.
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