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Many people suffer injuries in boating accidents every year. These accidents are more serious than car crashes due to the fact that there is no seat belt. Also, the injuries are typically more severe.
Like in a car accident lawsuit there must be evidence of negligence in order to be compensated. To establish negligence, a lawyer has to prove that someone 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 safe and protected from immediate danger. The lawyer will then collect all the necessary information including the names and contact information of those involved in an accident as well witnesses.
The next step is to conduct an extensive investigation into the cause of the accident. This involves taking a look at evidence to determine how the accident happened and any injuries or damages that could be a result of the crash.
Many boat accidents happen as a result of human mistakes. These mistakes can cause tragedy, whether the operator was distracted, driving at dangerous speeds, drunk while boating or simply making poor decisions during an unexpected emergency.
Other boat accidents are caused by mechanical failures or defective parts. If the accident was caused by these kinds of issues, your lawyer will determine if liability for the product is at issue.
Other boat accidents cause head injuries or drowning from collisions with a vessel or an object. The risk of falling overboard is among the most common causes of boating deaths in New York. These accidents can also be caused by collisions between boats and fixed objects like bridges, piers, or submerged rocks.
Damages
Compensation can help victims and families deal with the financial burdens caused by accidents. A successful claim can cover medical expenses, lost wages due to the absence of work due to injuries, as well as other costs.
Similar to car accidents, in order to be able to claim damages from accidents involving boats victims must prove that the person who caused the injuries was in breach of their duty of care and this breach was the direct reason behind their injuries. Boat operators can violate their duty of care by driving under the influence of alcohol or speeding while on the water.
It is vital that victims collect as much information as they can after a boating incident. This includes obtaining the names and contact numbers for anyone who saw the accident occur and who can provide a witness account. This will help you strengthen your case in court or when dealing with the insurance company of the party who is at the fault.
In addition to seeking claims against the owner or operator, injured victims can also pursue product liability lawsuits against manufacturers of boats that are defective. An attorney with expertise in boating accidents can aid injured victims determine whether the manufacturer is accountable. In cases where the government is responsible for creating an unsafe situation in the water, it may be possible to file an federal maritime claim against them.
Liability
In a negligence case, an injured person must prove that another's negligence caused their injuries. You must prove that your defendant was obligated to you of care, violated the duty, and that their breach was directly accountable for your injury.
Anyone who is operating a boat has a duty to ensure the security of the passengers. This includes ensuring that life vests are provided as well as ensuring that the vessel is seaworthy, and not driving it too fast. If a driver of a boat violates this duty and causes harm to another, they could be held accountable.
Mechanical problems can also be a leading cause of boating accidents. A defective engine, electrical systems or gear shifts, for instance, could cause an unfathomable boat accident. In these situations the New York boat accident attorney will investigate to determine if there is a product liability issue and hold the manufacturer responsible.
Injured victims are entitled to recover past and future medical expenses such as ambulance service charges, doctor bills hospital treatment expenses including nursing services, as well as 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 in a position to return to work. You could also be entitled to compensation for pain and Boat Accident Attorney suffering you experienced due to the accident.
Statute of Limitations
When we talk about lawsuits arising from boat accidents as legal term that refers to any watercraft incident that causes serious injuries. Like a car accident claim, seeking compensation involves finding out what happened, identifying and evaluating all parties responsible, and formulating the amount of damages due to the victim. This process could take anywhere from months to years if necessary to make a claim against an insurance company.
Many boat-related accidents occur as a result of the negligence of others. Negligence is any act that does not be in line with the standard of care that reasonable people would have exercised in a specific situation. Whether it is collision with another vessel or a stationary object drowning death, negligent actions can cause serious injuries, and even death.
Typically the victims of boat accidents have two years to file a civil lawsuit. Based on the law of the state and any special circumstances, the deadline may be extended.
A common defense strategy employed by insurance companies is to say that the plaintiff who was injured had a share of responsibility for their own injury. Our NYC boat accident lawyers are determined to challenge these allegations 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, then a different set rules will apply. These cases usually involve the State of New York. A knowledgeable attorney can help you navigate these particular rules.
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