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Every year, boating accidents cause many injuries. These accidents are more serious than car crashes due to the fact that there is no seat belt and the injuries are often more severe.
Like in a car accident lawsuit there must be proof of negligence to claim compensation. To prove negligence, an attorney must prove that someone had a duty to you and acted in breach of it directly leading to your injury.
The reason for the accident
The first step after an accident on a boat is to ensure everyone involved is safe and not in immediate danger. The lawyer will then collect all the information necessary, including names and contact information of those involved in an accident as well witnesses.
The next step is to conduct a thorough investigation into the root of the accident. This will include looking over the evidence to see what caused the accident and also any injuries or damages that might have occurred as an outcome of the collision.
Many boat accidents happen because of human error. These errors can lead to tragedy, regardless of whether the boat operator was distracted, driving at an unsafe speed, drunk on the water, or boat accident lawyer simply making bad decisions in the face of an emergency.
Other boat accident attorneys accidents are caused by mechanical problems or defective components. If the accident was caused by these types of issues, your attorney will determine if product liability is at issue.
Some boat accidents result in drowning or head trauma due to collisions with another vessel or other object. This can result in a person falling overboard and causing 70% of all boating deaths reported in New York since 2005. These accidents can also happen when a boat hits fixed objects, such as bridges or piers, or submerged rocks.
Damages
Compensation can assist families and victims cope with the financial losses that result from an accident. A successful claim could cover medical expenses, lost wages due to absences due to injuries, as well as other costs.
The same as with car accidents, to get compensation for damages incurred in an accident on the water, victims must show that the person who caused their injuries was negligent in their duty of care, and that this breach was the primary reason for their injuries. Boat operators can violate their duty of care by driving under the influence of alcohol or speeding while on the water.
After a boating incident it is crucial to gather as much data about the accident as you can. This includes gathering the names and contact numbers for anyone who saw the accident occur and who can provide an account of the witness. This can strengthen the case in court or with the insurance company.
In addition to pursuing claims against the boat owner or operator, injured parties can also pursue product liability lawsuits against the manufacturers of boats that are defective. An attorney who specializes in boating accidents can aid injured victims determine if the manufacturer is responsible. In the event that the government is responsible for creating an unsafe situation on the water, it could be possible to bring a federal maritime claim against them.
Liability
In a claim for negligence the person who is injured must prove that the negligent actions of another party caused their injuries. This means that you must prove that the defendant was liable to you under the duty of care, and that they did not fulfill this duty, and that their breach was the proximate reason for your injury.
Anyone who owns a boat accident attorneys is responsible for the safety of its passengers. This includes ensuring that life vests are provided and ensuring that the boat is safe to use, and not operating it at a speed that is too fast. If a boat driver breaches this duty and causes harm to other person, they may be held accountable.
Mechanical failures can be one of the most common causes of boating accidents. A malfunctioning engine, electrical system or gear shift, for example can cause an unfathomable boat accident. Your New York boat accident lawyer will investigate the circumstances to determine if there is the possibility of product liability and hold the makers accountable.
Injured victims are entitled to claim future and past medical expenses such as ambulance service charges and doctor bills, hospital treatment costs as well as nursing services and the cost of medication. Victims of injuries may be able to also claim lost wages based on the severity of their injuries and if they are incapable of returning to work. In addition, you may be entitled to compensation for any pain and suffering that you endured in the aftermath of the accident.
Statute of limitations
Boat accident litigation is a legal term used to describe any incident involving a watercraft that causes serious injury. Similar to a car accident claim, seeking compensation requires looking into the incident by identifying and evaluating all parties responsible, and in calculating the amount of damages owed to the victim. This process can take from months to years if it's necessary to file a lawsuit against an insurance company.
Many boat-related accidents occur as a result of negligence. Negligence is any act that fails to reflect the standard of care that a reasonable person would have applied under a specific circumstance. In the event of collision with another vessel, a stationary object or drowning death negligence can result in grave injuries or even death.
In general the event of a boating accident, victims have up to two years in which to file a civil lawsuit. Depending on the state law and any special circumstances, this deadline can 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 fight hard to debunk this claim and limit the amount of fault assigned to you. This will ensure that you receive the maximum amount of compensation. If your injury was the result of the negligence of a government agency and a different set of rules will be in place. These cases usually involve the State of New York, and a knowledgeable attorney can assist in navigating these unique regulations.
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