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Many people suffer injuries in boating accidents every year. These accidents are more serious since there is no safety belt in place and the injuries can be more severe.
Similar to a car accident lawsuit it is necessary to prove of negligence to receive compensation. To establish negligence, a lawyer must prove that someone owed you the duty of care and that breach of this duty directly caused your injury.
Cause of the Accident
The first step following an accident with a boat is to make sure everyone involved is safe and protected from immediate danger. The lawyer will then collect all the information needed including the names and contact information of those involved in an accident as well eyewitnesses.
The next step is to conduct a thorough investigation into the causes of the accident. This will include examining the evidence to determine how the accident took place, as well as any injuries or damages resulting from the collision.
Many boat accidents are the result of human mistakes. It doesn't matter if the person was distracted or driving at a speed that was unsafe or drunk while boating, or making poor judgment calls in an emergency situation These kinds of errors can result in tragedy.
Other boat accidents are caused by mechanical malfunctions or defective parts. If the accident was caused by these kinds of issues, your attorney will investigate to determine if liability for product defects is at issue.
Other boat accidents can result in head injuries or drowning from collisions with a vessel or a piece of equipment. This can include falling overboard which accounts for 70 percent of all deaths reported in New York since 2005. These accidents may also occur when a boat hits fixed objects like piers or bridges, or submerged rocks.
Damages
While no amount of money will bring back loved ones who were injured or killed in a boating accident Compensation can aid the families of victims overcome financial burdens caused by the accident. A successful claim will cover medical costs as well as lost wages due to time off work and other costs.
The same as with car accidents, in order to recover damages from an accident on the water victims must prove that the person responsible for their injuries breached their duty of care, and that this breach was the sole reason behind their injuries. For instance an operator of a boat could breach their duty of care by operating their vessel while under the influence of alcohol or while speeding on the water.
It is crucial that victims collect the most information they can following a boating crash. It is vital to collect the contact details and names of anyone who was present at the incident and who can provide a detailed account. This will help you strengthen your case in court or when dealing with the insurance company of the party at the fault.
In addition to pursuing claims against the owner of the boat or operator, injured victims can also pursue lawsuits for product liability against the makers of defective boats. An attorney for boating accidents can assist injured victims in determining whether the manufacturer is accountable. If the government is responsible for causing an unsafe situation in the water, it may be possible to bring an federal maritime claim against them.
Liability
In a negligence case the party who suffered the injury must demonstrate that the negligent actions of a third party caused their injuries. You must prove that the defendant owed you a duty of care, but violated that duty, and their negligence was directly responsible for your injuries.
Anyone who manages an vessel is responsible to ensure the safety and security of their passengers. This includes providing life vests as well as ensuring that the vessel is safe, and operating it at a speed that is too fast. If a boater violates this obligation and causes harm to someone other person, they may be held responsible.
Mechanical failures can also be a leading cause of boating accidents. A defective engine, electrical system or gear shifts for instance, could cause an unfathomable boat accident. Your New York boat accident lawyer will investigate the circumstances to determine if there is any product liability and hold the manufacturer accountable.
Injured victims are legally entitled to recover future and past medical expenses which include ambulance service fees and doctor bills hospital treatment expenses, nursing services and cost of medication. Victims of injuries are also able to claim lost earnings dependent on their injuries and if they are unable return to work. Additionally, you could be entitled to claim compensation for any suffering and pain you endured in the aftermath of the accident.
Statute of limitations
When we talk about the legality of boat accidents, it is a legal term that encompasses any watercraft incident that results in serious injuries. Like a car accident claim, seeking compensation requires finding out what happened by identifying and evaluating all parties responsible, Boat Accident lawyers and formulating the amount of damages due to the victim. If you must bring a lawsuit against an insurance company, the process can last from months to years.
Negligent actions are responsible for many boat accidents. Negligence is any action that fails to be in line with the standard of care that reasonable people would have used in a specific situation. It could be an accident with another boat or a stationary object, or a fatal drowning negligence can result in grave injuries or even death.
Typically, victims of boat accidents have two years to file a civil lawsuit. However, based on state law and special circumstances that exist the deadline could be extended.
One common defense tactic employed by insurance companies is to assert that the plaintiff who was injured had a share of responsibility for their own injuries. Our NYC boat accident lawyers fight hard to disprove these allegations and limit the amount of responsibility attributed to you. This will allow you to receive the highest amount of compensation possible. If your injury was caused by the negligence of a government agency the different set of rules will apply. These cases will often involve the State of New York, and a knowledgeable attorney can help navigate these unique rules.
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