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What Is Boat Accident Litigation?
Every year, boating accidents cause many injuries. These accidents are more dangerous than car accidents because there is no seat belt. Also, the injuries are generally more severe.
As in a car crash lawsuit there must be evidence of negligence in order to be compensated. To demonstrate negligence, a lawyer must establish that someone else owed you an obligation and the breach of that duty directly resulting in your injury.
The cause of the accident
The first step following an accident with a boat is to make sure everyone involved is secure and safe from immediate danger. Your attorney will then collect all the information necessary including the names and contact details of the persons involved in the accident, as well as eyewitnesses.
minneapolis boat accident attorneys will be to conduct a thorough investigation into the causes of the accident. This will involve taking a look at evidence to determine how the accident occurred as well as any damage or injuries that could have been caused as an outcome of the accident.
Human error is the cause of a number of boat accidents. These mistakes can lead to tragedy, regardless of whether the boat operator was distracted, driving at an dangerous speeds, drunk while boating, or simply making bad choices during an emergency.
Other boat accidents happen because of mechanical problems or defective parts. If the accident was caused by these kinds of issues, your attorney will investigate to determine if product liability is at issue.
Other boat accidents cause drowning or head injuries caused by collisions with another vessel or a piece of equipment. This can result in a person falling overboard and causing 70 percent of all deaths from boating reported in New York since 2005. These accidents also happen when a boat collides with fixed objects, such as bridges and piers, or submerged rocks.
Damages
Compensation can help families and victims cope with the financial losses caused by accidents. A successful claim will pay for medical costs as well as lost wages due to the absence of work, as well as other costs.
The same as with car accidents, to claim damages for a boating accident, victims must show that the person who caused their injuries was negligent in their duty of care and this breach was the direct reason for 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 gather the most information they can following a boating accident. This includes gathering the names and contact numbers for anyone who witnessed the accident take place and can provide witnesses' accounts. This can help strengthen your case in court or when dealing with the insurance company of the party who is at fault.
Victims injured may file a lawsuit for product liability, in addition to claims against the boat owner and operator. A boating accident attorney can assist injured victims to determine whether the manufacturer is accountable. In addition, if government agencies are responsible for causing an unsafe situation on water, it may be possible to file a federal maritime law claim against them.
Liability
In a negligence claim the plaintiff must demonstrate that the negligent actions of a third party caused their injuries. You must prove that the defendant owed you an obligation of care, violated this duty, and their negligence was directly responsible for the injury you sustained.
Anyone who operates a boat is responsible for the safety of his or her passengers. This includes providing life jackets, making sure the vessel is safe and not operating at excessive speed. If a boater fails to fulfill this duty and causes harm to another the other party could be held responsible.
Mechanical failures can also be one of the major causes of boat-related accidents. A malfunctioning engine, electrical system or gear shifts, for instance could result in a fatal boat crash. In these situations your New York boat accident attorney will determine if the manufacturer is responsible and hold the manufacturer accountable.
Victims of injury are legally entitled to recover the cost of medical treatment in the past and in the future that include ambulance service costs, doctor bills as well as hospital treatment costs such as nursing services and costs of medications. The injured may be entitled to claim lost wages too depending on the extent of their injuries as well as whether they are unable to return to work. You could also be entitled to compensation for pain and suffering you suffered in the aftermath of the accident.
Statute of limitations
Boat accident litigation is a legal term that refers to any incident involving a boat that results in serious injury. Like a car accident claim, seeking compensation involves investigation into what happened as well as identifying and evaluating the accountable parties, and then making a calculation of the damages due 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 defined as an act that is not in accordance with the standard of care reasonable people would have exercised in an unforeseen circumstance. Negligent actions can cause serious injuries or even death, whether it's a collision with an object in motion or the collision of a boat and another, or drowning.
In general those who suffer from boating accidents have up to two years within which to file a civil suit. However, based on state laws and the specific circumstances the deadline could be extended.
One common defense tactic employed by insurance companies is to assert that the plaintiff injured was a part of the blame for their own injury. Our NYC lawyer for boat accidents will fight hard to disprove this claim and limit the amount of responsibility attributed to you. This will ensure that you receive the maximum amount of compensation. If the negligence of a government entity caused your injury, a different set of rules will be in place. These cases often involve the State of New York. An experienced attorney can assist you navigate these special rules.