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What Is Boat Accident Litigation?

Many people suffer injuries in boating accidents each year. These accidents are more serious than car crashes because there is no seat belt in place and the injuries are generally more severe.

As in a car crash lawsuit, there must be proof of negligence to receive compensation. To establish negligence, an attorney must establish that someone owed a duty to you and breached it directly leading to your injury.

Cause of the Accident

The first step following an accident on a boat is to ensure everyone involved is safe and free from immediate danger. After this is done the attorney will collect important details, such as names and contact details for all those involved in the incident as well as eyewitnesses.

The next step is to conduct an extensive review of the circumstances that led to the accident. This includes looking over the evidence to determine how the accident occurred and any damage or injuries caused by the accident.

Many boat accidents occur because of human error. These mistakes can cause tragedy, regardless of whether the operator was distracted, driving at unsafe speed, drunk on the water or making bad choices during an emergency.

Other boat accidents are caused by mechanical failures or defective components. If the accident was caused by these types of issues, your attorney will determine if liability for product defects is involved.

Other boat accidents may cause drowning or head injuries from collisions with a vessel or object. mcallen boat accident attorney could be due to falling overboard, which accounts for 70% of all boating deaths reported in New York since 2005. These accidents could also be caused by collisions between a boat and fixed objects, such as bridges, piers or submerged rocks.

Damages

Compensation can help victims and families deal with the financial burdens caused by accidents. A successful claim may cover medical expenses, lost wages due to time off work due to injury, and other costs.

The same as with car accidents, to get compensation for damages incurred in a boating accident victims must prove that the person who caused their injuries was negligent in their obligation of care and this breach was the sole reason behind their injuries. Boat operators could violate their duty of care by driving under the influence or speeding while on the water.

It is important that victims collect as much information as they can after a boating incident. It is vital to collect the contact details and names of anyone who witnessed the accident and can give a full account. This will help you 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 a lawsuit for product liability in addition to claims against the boat owner and operator. An attorney who specializes in boating accidents can help injured victims determine if the manufacturer is accountable. In cases where government agencies are responsible for creating danger on the water, it could be possible to file an federal maritime law claim against them.

Liability

In a negligence claim, the injured party must demonstrate that the negligent actions of a third 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 breached this obligation, and that their breach was the sole cause of your injury.

Anyone who operates a boat is responsible for the safety of its passengers. This includes providing life jackets and ensuring that the boat is safe and sound, and not driving it too fast. If a boater violates this obligation and causes harm to another person it is possible to be held responsible.

Mechanical failure can also be a major cause of boat-related accidents. A malfunctioning engine, electrical systems or gear shifts for instance can cause a fatal boat accident. Your New York boat accident lawyer will review these cases to determine if there is the possibility of product liability and hold the manufacturers accountable.

Injured victims can recover past and future medical costs that include ambulance fees or doctor bills as well as hospital treatment costs. They can also claim for nursing care, medications and nursing services. Victims of injuries may be able to claim lost wages too depending on the extent of their injuries as well as whether they are in a position to return to work. In addition, you may be entitled to claim compensation for any pain and suffering that you suffered as a result of the accident.

Statute of limitations

Boat accident litigation is a legal term used to describe any incident that involves a watercraft which causes serious injury. In the same way as a car accident in calculating damages and identifying all parties responsible is part of the compensation process. This process can take from months to years if it is necessary to bring a lawsuit against an insurance company.

Many boat accidents are the result of negligence. Negligence is defined as any action that is not in line with the standard of care that a reasonable individual would have exercised in a given circumstance. Whether it is a collision with another boat, a stationary object or drowning fatally, negligence can cause serious injuries, and even death.

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

A common defense strategy employed by insurance companies is to say that the plaintiff injured took some responsibility for their own injuries. Our NYC lawyers who represent victims of boat accidents work hard to disprove and reduce the amount attributable to you. This will ensure that you receive the highest amount of money possible. If your injury was the result of the negligence of an agency of government the different set of rules will be in place. These cases usually involve the State of New York, and a knowledgeable attorney can help navigate these unique laws.