What Is Boat Accident Litigation? Each year boating accidents cause a lot of injuries. These accidents are more dangerous than car crashes due to the fact that there is no seat belt. Also, the injuries are typically more severe. To get compensation you must prove that you were negligent. To show negligence, a lawyer must prove that someone had a duty to you and acted in breach of it directly leading to your injury. The reason for the accident After a boating accident, the first thing to do is to ensure that everyone is secure. After this is done the attorney will collect important information including names and contact information for those involved in the incident as well as eyewitnesses. The next step will be to conduct a thorough investigation into the cause of the accident. This will include taking a look at the evidence to see what caused the accident, including any injuries or damages that could have occurred as caused by the collision. Many boat accidents happen because of human error. The operator may have been distracted or driving at a dangerous speed or drunk, or making poor judgment calls in an unexpected emergency these kinds of mistakes can lead to disaster. Other boat accidents occur because of mechanical problems or defective parts. If the accident was caused by these types of issues, your lawyer will determine if liability for the product is at issue. Other boat accidents can result in drowning or head injuries due to collisions with another vessel or an object. This could include a fall overboard and causing 70% of all boating deaths reported in New York since 2005. These accidents could also be caused by collisions between boats and fixed objects like bridges, piers and rocks. Damages Compensation can help families and victims to recover financial losses caused by accidents. A successful claim will cover medical costs as well as lost wages due to absence from work, and other expenses. The same as with car accidents, to recover damages from an accident on the water, victims must show that the person responsible for their injuries violated their obligation of care and this breach was the direct reason for their injuries. For instance an operator of a boat may breach their duty of care by operating their vessel under the drunk or speeding on the water. It is vital that victims gather as much information as they can following a boating accident. It is essential to obtain the names and contact information of anyone who witnessed the accident and provide a detailed account. This could help bolster the case in court or with the at-fault party's insurance provider. In addition to seeking claims against the boat's owner or operator, injured victims can also pursue product liability lawsuits against the makers of boats that are defective. An attorney who specializes in boating accidents can assist injured victims determine whether the manufacturer is responsible. Additionally, in the event that 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 case the party who suffered the injury must demonstrate that the negligent actions of another party caused their injuries. You must prove that the defendant owed you an obligation of care, breached that duty, and their breach was directly accountable for your injuries. Anyone who operates the vessel has a duty to ensure the safety and security of their passengers. This includes providing life jackets and making sure that the vessel is in good condition and not operating at an excessive speeds. If a boater fails to fulfill this duty and causes harm to another person or injury, the party responsible could be held responsible. Mechanical failures are also the main cause of boating 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 the manufacturer is responsible and hold the manufacturer responsible. Injured patients can recover future and past medical expenses, including ambulance fees, doctor bills and hospital treatment costs. They can also claim for nursing care such as medications, nursing and nursing services. Injured patients are also able to claim lost earnings according to their injuries and unable return to work. You could also be entitled to compensation for pain and suffering you suffered as a result of the accident. Statute of Limitations Boat accident litigation is a legal term used to describe any incident involving watercrafts that results in serious injury. Similar to in a car crash, calculating damages and identifying all parties responsible is part of the compensation process. This process could take anywhere from months to a decade if it's necessary to file a lawsuit against an insurance company. Negligent actions are responsible for many boat-related accidents. Negligence is defined as any action that is not in line with the standard care that an average person would have exercised in the circumstances. In the event of collision with another vessel or a stationary object, or drowning that is fatal negligence can result in serious injuries and even death. In general the case of boating accidents, victims have up to two years in which to file a civil suit. Based on the law of the state and any special circumstances, this deadline may be extended. Insurance companies often rely on the excuse that the injured plaintiff is a part of the blame for their injuries. Our NYC lawyer for boat accidents will fight hard to debunk these claims and reduce the amount of responsibility attributed to you. This will ensure that you receive the highest amount of compensation. If your injury was caused by the negligence of an agency of government or a government agency, a different set of rules will apply. These cases usually involve the State of New York. A skilled attorney can help you navigate these particular rules.