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Many people are hurt in boating accidents each year. These accidents are more dangerous than car accidents 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 to receive compensation. To prove negligence, a lawyer has to establish that someone else owed you an obligation and that their breach of this obligation directly led to your injury.
Cause of the Accident
The first step after a boat accident involves ensuring everyone involved is secure and safe from immediate danger. Your attorney will then gather all the information necessary, including names and contact details of the persons involved in the accident, as well as eyewitnesses.
The next step is to conduct an in-depth investigation into the accident's cause. This includes looking over the evidence to determine why the accident took place and also any injuries or [Redirect Only] damages caused by the accident.
Many boat accidents happen because of human mistakes. These errors can lead to disaster, whether the person was distracted, driving at an unsafe speed, drunken boating or simply making poor decisions in the face of an emergency.
Other boat accident law firms accidents result from mechanical issues or defective parts. If these causes caused the accident, your lawyer will investigate and determine if responsibility for the product is at issue.
Another type of boat accident can result in drowning or head trauma due to a collision with another vessel or other object. This can include falling overboard which accounts for 70 percent of all deaths reported in New York since 2005. These accidents could also be the result of collisions between boats and fixed objects, such as bridges, piers and rocks.
Damages
While the sum of money won't bring the loved ones back who were injured or killed in an accident on the water and compensation may help victims and their families deal with financial losses incurred by the accident. A successful claim may cover medical costs, lost wages from time off due to injuries, and other expenses.
Similar to car accidents, in order to get compensation for damages incurred in an accident involving a boat, victims must show that the person who caused their injuries violated their duty of care, and that this breach was the direct cause of their injuries. Boat operators can violate their duty of care by driving under the influence or speeding on the water.
After a boating accident it is crucial to collect as much information about the incident as you can. It is important to get the names and contact numbers of any person who witnessed the accident and can give a full account. This can help in proving a case in court or with the at-fault party's insurance provider.
In addition to pursuing claims against the boat's owner or operator, injured parties can also pursue lawsuits for product liability against the manufacturers of defective boats. A lawyer who specializes in boating accidents may help injured victims determine whether the manufacturer is accountable. Additionally, in the event that government agencies are responsible for causing danger on the water, it may be possible to pursue a federal maritime law claim against them.
Liability
In a negligence case, the injured party must prove that another party's negligence caused their injuries. You must prove that your defendant was bound by a duty of care, and breached this duty, and that their breach was directly accountable for your injuries.
Anyone who is operating a boat has a duty to ensure the safety of his or her passengers. This includes supplying life jackets, making sure the vessel is water-tight and not driving it at excessive speeds. If a boater violates this duty and causes harm to another, they could be held accountable.
Mechanical failure is also an important cause of boat-related accidents. A defective engine, electrical system or gear shifts for instance can cause a fatal boat crash. In these situations, your New York boat accident attorney will determine if product liability is involved and hold the manufacturer responsible.
Injured victims are legally entitled to recover the cost of medical treatment in the past and in the future that include ambulance service costs and doctor bills and hospital treatment costs including nursing services, as well as the cost of medication. Injured victims may be able to claim lost wages too, depending on the severity of their injuries and if they are unable to return to work. Additionally, you could be entitled to claim compensation for any pain and suffering that you suffered as a result of the accident.
Statute of limitations
When we speak of lawsuits arising from boat accidents as legal and covers any watercraft accident that results in serious injuries. Like a car crash claim, seeking compensation entails looking into the incident by identifying and evaluating all liable parties, and calculating damages owed to the victim. If you are required to file a suit against an insurance company, this process can take from months to several years.
Many boat accidents happen because of the negligence of others. Negligence can be defined as any action that does not meet the standards of care that a reasonable person would have applied in a particular situation. In the event of collision with another vessel, a stationary object or a fatal drowning negligence can result in grave injuries or even death.
In general the case of boating accidents, victims have up to two years within which to file a civil lawsuit. However, depending on the state law and any special circumstances that exist, this deadline may be extended.
Insurance companies often rely on the excuse that the injured plaintiff is a part of the blame for their injuries. Our NYC boat accident lawyers, sneak a peek here, fight hard to debunk these allegations and limit the amount of blame assigned to you. This will help you receive the maximum financial award possible. If your injury was the result of the negligence of a government agency, then a different set rules will apply. These cases will often involve the State of New York, and an experienced attorney can assist in navigating these unique laws.
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