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What Is Boat Accident Litigation?

Many people suffer injuries in boating accidents every year. These accidents are more serious because there is no safety belt, and the injuries are more serious.

To get compensation you must prove negligence. To show negligence, a lawyer must prove that a person had a duty to you and then breached it in direct way and caused injury.

Cause of the Accident

After a boating incident, the first thing to do is ensure that everyone involved is secure. Your lawyer will then gather all the information necessary, including names and contact details of the persons involved in the accident as well eyewitnesses.

The next step will be to conduct a thorough investigation into the causes of the accident. This will involve examining the evidence to determine why the accident happened and also any injuries or damages that resulted from the crash.

Human error is the root cause of a number of boat accidents. These mistakes can cause tragedy, regardless of whether the boat operator was distracted, driving at an dangerous speeds, drunk while boating or making bad choices during an emergency.

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 the product is involved.

Other boat accidents can cause drowning or head injuries because of collisions with another vessel or object. This can result in a person 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, such as bridges or piers, as well as submerged rocks.

Damages

Compensation can help victims and families overcome the financial burdens due to an accident. A successful claim will be able to cover medical expenses and lost wages resulting from time off work and other expenses.

Similar to car accidents, to claim damages for an accident involving a boat, victims must show that the person responsible for their injuries violated their duty of care and this breach was the sole cause of their damages. For example the boat owner could be in violation of this obligation by operating their vessel under the influence of alcohol or while speeding on the water.

It is important that victims collect as much information as they can after a boating accident. It is essential to obtain the names and contact numbers of anyone who witnessed the accident and can give a full account. This will help to strengthen your case in court or when dealing with the insurance company of the party who is at the fault.

Victims who have been injured may file lawsuits for product liability in addition to claims against the boat's owner and operator. An attorney with expertise in boating accidents can assist injured victims determine if the manufacturer is accountable. Additionally, in cases where government agencies are responsible for causing an unsafe situation on water, it may be possible to file an federal maritime law claim against them.

Liability

In a negligence case the person who is injured must prove that another party's negligent actions led to their injuries. You must prove that the defendant owed you an obligation of care, and breached the duty, and that their breach was directly responsible for your injuries.

Anyone who owns a boat is responsible for the safety of their passengers. This includes providing life jackets, making sure the vessel is water-tight and not operating at an high speeds. If a boat driver violates this obligation and causes harm to someone or anyone else, they could be held responsible.

Mechanical failures can also be an important cause of boat-related accidents. For instance, a faulty engine and electrical system or shift can result in a fatal accident. In these situations, your New York boat accident attorney will investigate to determine if the manufacturer is responsible and hold the manufacturer accountable.

Injured victims are entitled to claim future and past medical expenses, including ambulance service fees and doctor bills, hospital treatment costs, nursing services and cost of medication. Injured victims are also able to claim lost earnings, depending on their injuries and if they are unable return to work. In addition, you may be entitled to compensation for any pain and suffering you endured as a result of the accident.

Statute of Limitations

When we speak of lawsuits arising from boat accidents, it is legal term that refers to any watercraft incident that causes serious injuries. Like a car accident claim, seeking compensation requires investigating what happened and identifying and evaluating all liable parties, and making a calculation of the damages due to the victim. The process can take from months to years if it's necessary to make a claim against an insurance company.

Many boat accidents happen because of negligence. Negligence is defined as an act that does not reflect the standard of care that a reasonable individual would have exercised in the circumstances. In the event of negligence, it can lead to serious injuries, or even death whether it's an accident with a stationary object, a collision between a boat and another, or a drowning.

Typically the victims of boat accidents have two years to make a civil suit. Depending on the state law and any other circumstances, the deadline may be extended.

Insurance companies often rely on the excuse that the injured plaintiff is partly responsible for their injuries. Our NYC boat accident lawyers fight hard to disprove these claims and reduce the amount of responsibility attributed to you. This will ensure that you receive the highest amount of compensation. If the negligence of a government entity caused your injury and you were injured, a different set of rules will be in place. These cases often involve the State of New York. A knowledgeable attorney can help you navigate these particular rules.