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Many people are hurt in boating accidents each year. These incidents are more severe because there is no safety belt on the boat and the injuries can be more serious.
To receive compensation you must prove negligence. To establish negligence, a lawyer must establish that someone else owed you an obligation and the breach of that obligation directly causing your injury.
The reason for the accident
The first step following a boat accident involves ensuring everyone involved is safe and free from immediate danger. After this is done your lawyer will gather important information, including names and contact information for all those involved in the accident and eyewitnesses.
The next step is to conduct a thorough investigation into the cause of the accident. This involves taking a look at evidence to determine how the accident happened as well as any injuries or damages that may have occurred as by the crash.
Human error is the root cause of many boat-related accidents. These errors can lead to disaster, whether the person was distracted, driving at dangerous speeds, drunk while boating or simply making poor choices during an emergency.
Other boat accidents are caused by mechanical problems or parts that are defective. If these issues caused the accident, your lawyer will investigate and determine if product responsibility is at issue.
Another type of boat accident can result in head trauma or drowning because of a collision with another vessel or other object. This could include a fall overboard, which accounts for 70 percent of all deaths from boating reported in New York since 2005. These accidents could also be caused by collisions between a boat and fixed objects, like bridges, piers or submerged rocks.
Damages
Compensation can help victims and families cope with the financial losses caused by accidents. A successful claim will cover medical costs, lost wages due to working hours taken off and other costs.
Similar to car accidents, in order to claim damages for an accident involving a boat victims must prove that the person who caused the injuries was in breach of their duty of care and that this breach was the primary cause of their injuries. Boat operators may breach their duty of care by driving under the influence or speeding on the water.
It is essential that victims collect the most information they can following a boating accident. It is vital to collect the contact details and names of all witnesses to the accident and could provide a detailed account. This will help you strengthen your case in court or when dealing with the insurance company of the party at the fault.
Injured victims can file product liability lawsuits in addition to claims against the boat's owner and operator. A lawyer for boating accidents can assist injured victims to determine whether the manufacturer is responsible. In the event that the government is responsible for creating a hazardous situation on the water it may be possible to file an federal maritime claim against them.
Liability
In a case of negligence the person who is injured must prove that the negligent actions of a third party caused their injuries. This means that you must demonstrate that the defendant was liable to you under a duty of care, that they did not fulfill this obligation, and that the breach was the sole cause of your injury.
Anyone who is operating a boat has a responsibility to ensure the safety of their passengers. This includes supplying life jackets, making sure that the vessel is in good condition and not operating at an excessive speeds. If a boat operator breaches this obligation and causes injury to someone else or injury, the party responsible could be held responsible.
Mechanical failure can also be one of the major causes of boat-related accidents. For instance, a faulty engine and electrical system or shift could result in a fatal accident. Your New York boat accident lawyer will examine these cases to determine if there's product liability, and hold the makers accountable.
Victims of injuries can claim compensation for past and future medical costs, including ambulance fees as well as doctor bills and hospital treatment costs. They may also be able to claim for nursing care as well as nursing and medication services. Injured victims may also be entitled to compensation for lost wages dependent on their injuries and if they are not able to return to work. Additionally, you could be entitled to claim compensation for any pain and suffering you endured in the aftermath of the accident.
Statute of limitations
Boat accident litigation is a legal term used to describe any incident involving a boat which causes serious injury. Similar to a car accident in calculating damages and identifying the responsible parties is an integral part of the compensation process. If you have to make a claim against an insurance company, this procedure can take anywhere from months to several years.
Negligent acts are the reason behind many boat-related accidents. Negligence is defined as any act that does not reflect the standard of care reasonable people would have exercised in an unforeseen circumstance. Negligent acts can cause serious injuries or even death whether it's the result of a collision with an object that is stationary or the collision of a boat accident lawsuits and another, or even a drowning.
In general those who suffer from boating accidents have up to two years in the time to file a civil lawsuit. However, based on state law and special circumstances that exist the deadline could be extended.
Insurance companies frequently use the argument that the plaintiff who suffered an injury is a part of the blame for their injuries. Our NYC boat accident lawyers fight hard to disprove this claim and limit the amount of responsibility attributed to you. This will help you receive the highest amount of money possible. If your injury resulted from the negligence of a government agency and a different set of rules will apply. These cases often involve the State of New York. A knowledgeable attorney can help you navigate these specific rules.
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