What Is Boat Accident Litigation? Many people are hurt 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 usually more severe. In order to receive compensation to be compensated, you must prove negligence. To establish negligence, an attorney must prove that someone has owed you a duty and acted in breach of it directly causing your injury. The reason for the accident The first step after an accident with a boat is to make sure everyone involved is secure and safe from immediate danger. Once this is accomplished your lawyer will gather important details, such as names and contact details for those who were involved in the accident as well as eyewitnesses. The next step is to conduct an extensive investigation into the root of the accident. This will include taking a look at the evidence to see how the accident occurred and any injuries or damages that might result as an outcome of the crash. Many boat accidents occur because of human mistakes. If the boater was distracted or driving at unsafe speeds, intoxicated boating or simply making poor judgment calls in an emergency situation these kinds of mistakes can lead to disaster. Other boat accidents happen because of mechanical issues or defective parts. If these issues caused the accident the lawyer will investigate and determine if product responsibility is in question. Other boat accidents can cause head injuries or drowning due to collisions with another vessel or a piece of equipment. Falls overboard is among the most common causes of boating fatalities in New York. These accidents may also occur when a boat collides with fixed objects, such as bridges or piers, or submerged rocks. Damages Compensation can help victims and families to recover financial losses due to an accident. A successful claim may cover medical costs, lost wages from time off work due to injuries, and other expenses. Like car accidents, those who suffer injuries in a boating accident have to establish that the person responsible for their injuries acted in violation of their duty to care and that this breach caused their injuries. For example an operator of a boat may violate this duty by operating their vessel under the influence of alcohol or while speeding on the water. It is vital that victims collect as much information as possible following a boating crash. It is crucial to collect the contact details and names of anyone who was present at the accident and can give a full account. This could strengthen an argument in court or with the insurance company. In addition to pursuing claims against the owner of the boat or operator, injured victims can also pursue lawsuits for product liability against manufacturers of defective boats. A boating accident attorney can assist injured victims to determine whether the manufacturer is responsible. Additionally, in cases where government agencies are responsible for creating danger on the water, it may be possible to pursue a federal maritime law claim against them. Liability In a negligence claim the person who is injured must prove that the negligence of a third party caused their injuries. You must prove that your defendant was bound by a duty of care, violated this duty, and their negligence was directly responsible for your injury. Anyone who manages a vessel has a responsibility to ensure the safety and well-being of their passengers. This includes providing life jackets and making sure that the vessel is in good condition and not operating at an high speeds. If a boater violates this obligation and causes harm to another, that party can be held accountable. Mechanical failure can also be the main cause of boat-related accidents. A defective engine, electrical system or gear shifts for instance could result in an unfathomable boat accident. Your New York boat accident lawyer will investigate these cases to determine if there is the possibility of product liability and hold the manufacturer accountable. Victims of injuries are entitled to reimbursement of future and past medical expenses that include ambulance service costs and doctor bills hospital treatment expenses, nursing services and cost of prescription drugs. Injured victims might be able to claim lost wages too dependent on the severity of their injuries and if they are incapable of returning to work. Additionally, you could be entitled to claim compensation for any pain and suffering that you endured as a result of the accident. Statute of limitations Boat accident litigation is a legal term that refers to any incident involving a watercraft which causes serious injury. Like a car crash claim, seeking compensation requires investigation into what happened and identifying and evaluating all accountable parties, and then calculating damages owed to the victim. If you have to start a lawsuit against an insurance company, the process could take from months to several years. Many boat accidents are the result of negligence. Negligence is any action that does not conform to the standard of care that reasonable people would have used in a specific situation. Negligent actions can result in serious injuries or even death whether it's the result of a collision with a stationary object or an accident between a vessel and another, or even a drowning. Typically victims of boat accidents have two years to file a civil lawsuit. However, depending on the state laws and the specific circumstances that exist, this deadline may be extended. Insurance companies frequently use the argument that the injured plaintiff is partly responsible for their injuries. Our NYC boat accident lawyers fight hard to disprove 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 the negligence of a government entity caused your injury an entirely different set rules will be in place. These cases will often involve the State of New York, and a skilled attorney can help navigate these unique laws.