What Is Boat Accident Litigation?

Each year boating accidents are the cause of many injuries. These incidents are more severe because there is no safety belt and the injuries could be more severe.

Similar to a car accident lawsuit there must be evidence of negligence in order to be compensated. To show negligence, a lawyer must prove that someone had a duty to you and breached it directly and caused injury.

Cause of the Accident

The first step following an accident with a boat is to make sure everyone involved is safe and not in immediate danger. The lawyer will then collect all the relevant information, including names and contact information of those involved in an accident, as well as eyewitnesses.

The next step is to conduct an in-depth inquiry into the incident's cause. This involves looking over the evidence to see how the accident happened and any damage or injuries that could be a result of the crash.

Many boat accidents happen as a result of human mistakes. The operator may have been distracted or driving at a speed that was unsafe or drunk while boating, or making a poor decision in an emergency, these types of mistakes can easily lead to tragedy.

Other boat accidents are the result of mechanical malfunction or defective parts. If the accident was caused by these kinds of issues, your attorney will determine if liability for the product is at issue.

Some boat accidents result in drowning or head trauma because of a collision with another vessel or object. This can include falling overboard and causing 70 percent of all boating deaths reported in New York since 2005. These accidents can also occur when a boat hits fixed objects such as piers or bridges, or submerged rocks.

Damages

Compensation can help families and victims overcome the financial burdens caused by an accident. A successful claim can cover medical costs as well as lost wages due to absence from work, and other costs.

Like car accidents, those who suffer injuries in a boating collision must prove that the person responsible for their injuries acted in violation of their duty of care, and that the violation caused their injuries. For example, a boat accident lawyers operator might breach their duty of care by operating their boat under the drunk or speeding on the water.

It is crucial that victims gather the most information they can after a boating incident. This includes gathering the names and contact information for anyone who witnessed the accident take place and can provide a witness account. This will help to strengthen your case in court or when dealing with the insurance company of the party who is at fault.

Victims who have been injured may file lawsuits for product liability as well as claims against the boat owner and operator. A boating accident attorney can assist injured victims in determining whether the manufacturer is responsible. In the event that the government is responsible for causing an unsafe situation on the water it may be possible to file an federal maritime claim against them.

Liability

In a case of negligence, the injured party must prove that the other party's negligent actions caused their injuries. You must prove that your defendant was obligated to you of care, breached that duty, and their breach was directly accountable for your injury.

Anyone who operates the vessel has a duty to ensure the safety and well-being of their passengers. This includes providing life vests and ensuring that the vessel is safe and sound, and not speeding it up. If a boater violates this obligation and causes harm to someone else, they can be held responsible.

Mechanical failures are also an important cause of boat-related accidents. A malfunctioning engine, electrical system or gear shift, for example could result in a fatal boat crash. In these cases the New York boat accident attorney will investigate to determine if product liability is involved and hold the manufacturer accountable.

Victims of injuries are entitled to claim past and future medical expenses such as ambulance service charges as well as doctor's bills and hospital treatment costs including nursing services, as well as the cost of medications. The injured may be entitled to claim lost wages too depending on the extent of their injuries and whether they are not able to return to work. Additionally, you could be entitled to recover compensation for any suffering and pain you endured as a result of the accident.

Statute of Limitations

Boat accident litigation is a legal term used to describe any incident involving a boat that results in serious injury. Similar to a car accident claim, seeking compensation requires looking into the incident, identifying and evaluating all responsible parties, and formulating the amount of damages due to the victim. If you are required to file a suit against an insurance company, the process could take from months to years.

Many boat-related accidents occur as a result of the negligence of others. Negligence can be defined as any action that fails to meet the standards of care that reasonable people would have used in a particular circumstance. It could be a collision with another boat or a stationary object, or drowning death, negligence can cause grave injuries or even death.

Typically those who suffer from boat accidents have two years to bring a civil lawsuit. Depending on the state law and any other circumstances, this deadline may be extended.

Insurance companies often use the defense that the plaintiff who suffered an injury is a part of the blame for their injuries. Our NYC boat accident law Firm accident lawyers fight hard to disprove and limit the amount that is attributable to you. This will allow you to get the highest amount of money possible. If the negligence of a government agency 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.