What Is Boat Accident Litigation Each year boating accidents cause a lot of injuries These accidents are more serious because there is no safety belt, and the injuries could be more serious To receive compensation you must prove negligence To prove negligence, an attorney must establish that an individual had a duty to you and breached it directly leading to your injury The reason for the accident The first step after an accident on a boat is to ensure everyone involved is secure and safe from immediate danger Your attorney will then gather all the information necessary, including names and contact information of the people involved in the accident, as well as witnesses The next step is to conduct a thorough inquiry into the incident's cause This includes analyzing the evidence to determine why the accident took place and any injuries or damages that resulted from the accident Human error is the main cause of a number of boat accidents These errors can lead to disaster, whether the person was distracted, driving at an unsafe speed, drunken boating or making bad decisions during an unexpected emergency Other boat accidents occur because of mechanical problems or defective components If the accident was caused by these types of problems, your attorney will determine if liability for product defects is at issue Still other boat accidents result in drowning or head trauma due to a collision with another vessel or object Falls overboard is among the most frequent causes of boating deaths in New York These accidents can also be the result of collisions between boats and fixed objects, like bridges, piers or submerged rocks Damages While no amount of money will bring those who love ones have been injured or killed in boating accidents Compensation can aid victims and their families cope with financial losses caused by the incident A successful claim can pay for medical costs, lost wages from time off due to injuries, and other expenses The same as with car accidents, in order to claim damages for an accident on the water victims must prove that the person responsible for their injuries breached their duty of care, and that this breach was the sole reason behind their injuries For example the boat owner could breach their duty of care by operating their vessel under the influence of alcohol or while speeding on the water After a boating accident it is crucial to gather as much information regarding the incident as you can https//vimeocom/709649499 is essential to obtain the names and contact numbers of any person who witnessed the accident and could give a full account This could strengthen an argument in court, or with the at-fault party's insurance company In addition to seeking claims against the owner or operator, injured parties can also file a product liability lawsuit against the makers of defective boats An attorney with expertise in boating accidents can help injured victims determine whether the manufacturer is accountable In the event that the government is responsible for creating danger on the water it may be possible to bring an federal maritime claim against them Liability In a negligence claim the party who suffered the injury must establish that the negligent acts of another party led to their injuries This means that you must establish that the defendant was liable to you under an obligation of care, and that they violated that duty, and that their breach was the main cause of your injury 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 the vessel is safe and not operating at excessive speeds If a boat driver violates this duty and causes harm to another, they could be held accountable Mechanical failures can also be an important cause of boat accidents A malfunctioning engine, electrical systems or gear shifts, for example could result in a fatal boat crash In these situations the New York boat accident attorney will investigate to determine if product liability is involved and hold the manufacturer responsible Victims of injuries can claim compensation for future and past medical expenses such as ambulance costs, doctor bills and hospital treatment costs They may also be able to claim for nursing care, medications and nursing services Injured victims might be able to claim lost wages too, depending on the severity of their injuries and if they are not able to return to work Additionally, you could be entitled to compensation for any pain and suffering that you suffered as a result of the accident Statute of limitations When we refer to the legality of boat accidents it is legal and covers any watercraft accident that causes serious injuries Like a car crash claim, seeking compensation involves finding out what happened by identifying and evaluating all accountable parties, and then in calculating the amount of damages owed to the victim The process can take from months to years if it's necessary to start a lawsuit against an insurance company Negligent actions are the cause of 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 a given circumstance Negligent actions can result in serious injuries or even death whether it's the result of a collision with an object that is stationary, an accident between a vessel and another, or drowning Typically victims of boat accidents have two years to file a civil lawsuit Depending on the laws of the state and any special circumstances this time frame can be extended A common defense strategy employed by insurance companies is to argue that the plaintiff who was injured shared some responsibility for their own injury Our NYC boat accident attorneys work hard to disprove these allegations and limit the amount of responsibility attributed to you This will help you receive the maximum financial award possible If the negligence of a government entity caused your injury an entirely different set rules will apply These cases usually involve the State of New York, and an experienced attorney will help navigate these unique rules