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Many people are injured in boating accidents every year. These accidents are more serious than car crashes because there is no seat belt, and the injuries are typically more severe.
To be eligible for compensation you must prove that you were negligent. To establish negligence, a lawyer has to prove that someone owed you an obligation and that their breach of this obligation directly causing your injury.
Cause of the Accident
The first step after a boat accident involves ensuring everyone involved is safe and not in immediate danger. After that the attorney will collect important details, such as names and contact information of those who were involved in the accident and eyewitnesses.
The next step is to conduct an extensive review of the circumstances that led to the accident. This includes analyzing the evidence to determine why the accident happened and any injuries or damages that resulted from the collision.
Many boat accidents happen as a result of human error. These mistakes can cause tragedy, regardless of whether the operator boat accident was distracted, driving at unsafe speed, drunk on the water or simply making poor choices during an emergency.
Other boat accidents happen because of mechanical malfunction or parts that are defective. If the problem was caused by these factors, accident, your lawyer will investigate and determine if product responsibility is at issue.
Still other boat accidents result in head trauma or drowning because of a collision with another vessel or other object. Falls overboard is among the most common causes of boating deaths in New York. These accidents could also be the result of collisions between boats and fixed objects, like piers, bridges or submerged rocks.
Damages
While no amount of money will bring those who love ones have been injured or killed in an accident on the water and compensation may aid the families of victims to recover financial losses caused by the incident. A successful claim can cover medical expenses as well as lost wages due to the absence of work, as well as other expenses.
The same as with car accidents, to claim damages for an accident on the water, victims must show that the person who caused the injuries was in breach of their duty of care and that this breach was the primary reason behind their injuries. For instance, a boat operator might be in violation of this obligation by operating their vessel while under the under the influence of alcohol or speeding on the water.
After a boating incident, it is important to collect as much information about the accident as you can. It is important to get the contact details and names of anyone who was present at the accident and give a full account. This can help in proving an argument in court or with the insurance company.
In addition to pursuing claims against the owner or operator, injured parties can also pursue lawsuits for product liability against manufacturers of boats that are defective. A lawyer who has experience in boating accidents could assist injured victims to determine whether the manufacturer is responsible. Additionally, in the event that government agencies are responsible for creating an unsafe situation on the water, it could be possible to file an federal maritime law claim against them.
Liability
In a case of negligence the injured party must prove that a third party's negligence caused their injuries. This means you have to prove that the defendant owed you a duty of care, that they breached this obligation, and that their negligence was the primary reason for your injury.
Anyone who operates vessels has a responsibility to ensure the safety and well-being of their passengers. This includes providing life vests and ensuring that the vessel is safe, and driving it too fast. If a boater fails to fulfill this duty and causes someone else harm or injury, the party responsible could be held accountable.
Mechanical failures are also an important cause of boat accidents. A defective engine, electrical system or gear shifts, for instance can result in a fatal boat accident. In these instances the New York boat accident attorney will look into the possibility of the manufacturer is responsible and hold the manufacturer accountable.
Injured victims are entitled to reimbursement of the cost of medical treatment in the past and in the future which include ambulance service fees, doctor bills and hospital treatment costs such as nursing services and costs of prescription drugs. Injured victims might be able to claim lost wages too depending on the extent of their injuries and whether they are not able to return to work. You could also be entitled to compensation for pain and suffering you suffered as a result of the accident.
Statute of Limitations
When we refer to boat accident litigation, it is legal and covers any watercraft incident that results in serious injuries. Like a car accident claim, Boat Accident seeking compensation requires investigation into what happened by 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 it is necessary to file a lawsuit against an insurance company.
Many boat accidents happen because of the negligence of others. Negligence can be defined as any action that is not in line with the standard of care a reasonable individual would have exercised in an unforeseen circumstance. Negligent actions can cause serious injuries, or even death, whether it's a collision with an object in motion, a collision between a boat and another vessel, or a drowning.
Typically victims of boat accidents have two years to make a civil suit. Depending on the state law and any special circumstances, the deadline may be extended.
Insurance companies often rely on the excuse that the injured person is a part of the blame for their injuries. Our NYC boat accident attorneys are determined to challenge these claims and limit the amount of blame assigned to you. This will ensure that you receive the maximum financial award possible. If the negligence of a government entity caused your injury an entirely different set rules will be in place. These cases often involve the State of New York. An experienced attorney can help you navigate these special rules.
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