Boat Accident Lawyers Near Me
When you or a loved one is injured in a boating accident, you deserve to be fully compensated. If the insurance company of the party responsible declines to compensate you, then you may be required to file a lawsuit.
To obtain compensation, you need to thoroughly look into the facts surrounding your case and legal issues. A licensed New York boat accident lawyer will assist you in obtaining the relevant documents and information.
Boating Accidents: Causes and Prevention
Boating is a great and relaxing pastime for many. It is a great way to relax and enjoy the beautiful scenery on our lakes and waterways. However, boating accidents can be traumatic and even deadly.
One of the most common causes of boating accidents is the operator's inattention. This can be caused by a variety of factors like inexperience or being distracted by other boaters or boats that are floating.
A poor viewfinder is the 2nd most common cause of boating accidents. This can be a result of a driver's failure to keep an eye out for other vessels or obstacles, being distracted by a drink or not paying attention to oncoming watercraft or sudden squalls.
Another cause of accidents is speed. While it might be tempting to speed up in order to pass other boats or turn, going too fast could cause a boat to crash into another watercraft, a vessel or even fall over and drown.
Other causes of boating accident include operator error, lack education, improper maintenance or equipment, and poor weather conditions. These mistakes can be avoided by taking the necessary safety precautions.
Alcohol is the main cause of boating accidents with one third of fatal accidents being caused by intoxication. It is unlawful to operate a boat under the influence of alcohol or drugs and the penalties could range from fines up to jail time.
Although the majority of these accidents result from negligence, it is essential to know the laws regarding drinking alcohol on boats and how they impact you as boater. If you or a loved one was injured in a boating accident, it is important to consult a knowledgeable lawyer near you who can protect your rights.
Boating accidents can be caused by capsizes, falls overboard collisions with other vessels as well as collisions against fixed objects. Other types of boating accidents are flooding and grounding, as well as machinery failure.
Types of injuries
Boating is very popular with many people. However, it can be dangerous if you're not careful or aren't properly prepared. Most often, boaters get into accidents with other boats or even other people on the water, which can lead to fatal injuries and even deaths.
Accidents with boats can happen at any time regardless of whether you're taking an enjoyable cruise in the water with your family or taking them on an adventure on the water. They can be caused by a range of circumstances, including intoxication, bad management and recklessness.
Injuries caused by boating accidents can vary in severity, but some common injuries are burns and broken bones. These injuries may be permanent and affect the quality of life. They can also cause chronic medical problems.
Burns: Passengers can be severely burned if they are involved in a boating accident, particularly when the boat is on fire or explodes. The burns are painful and can cause permanent scarring or post-traumatic disorder (PTSD).
Bone fractures are possible when someone is thrown into the water. This is particularly true if the victim was not wearing a safety vest.
Whiplash: When a passenger is tossed around during a boat collision they could suffer whiplash. This injury can be minor or severe and can cause back pain.
Brain Injuries: Traumatic brain injuries are among of the most common injuries sustained in boating accidents. These injuries can result from collision, a lack of oxygen to the brain or exposure to carbon monoxide.
Spinal Cord Injury A spinal injury is a common boating accident injury. This kind of injury can be caused by compression due to the force of a collision or by a traumatic event that affects the spine for example, being pushed backwards.
Depending on the severity the injury, these boating accidents injuries may cause paralysis or other serious medical conditions. They can cause emotional trauma for the victim and their loved family members. These injuries may require years of care from caregivers, regular medical attention, and costly treatment options.
Damages
In addition to damages to property, boating crash victims might be able recover for medical expenses, suffering and emotional trauma. They may also be able to file a wrongful death lawsuit if their loved one dies because of an accident on the water.
Most boating accidents are caused by the negligence of the boat's operator who is responsible for being aware of the vessel and the surrounding environment. This obligation requires them to remain in control at all times, and to avoid violations of safety regulations.
If you or someone that you know has been injured as a result of a boating accident you should seek out a seasoned personal injury attorney as soon as possible. They can help you gather the necessary documentation to begin your claim as well as represent you in negotiations.
State-by-state the types of damages given for a boating incident will vary. They include damages to property, medical costs in addition to pain and suffering and loss of future earnings.
Based on the particulars of your case, you could also be eligible for punitive damages. These are designed to punish an individual who acts in a reckless or unintentional manner. In Florida the maximum amount of money awarded is three times the amount in compensatory damages or $500,000 if it is higher.
In order to be successful in suing for compensation, you will need to prove that the accident was caused by someone else and that they are accountable for the damages. This is a challenging task to accomplish alone as it requires you to look over eyewitness accounts and police reports.
Recording all the details of an accident, including photographs of the damage and injuries sustained, is the most efficient way to start your claim. It is also important to preserve any other relevant information, like the weather and lighting conditions at the time of the accident.
After you've gathered the documents and evidence the attorney will be able to look into the circumstances surrounding the accident further. This will help them build an effective case and ensure that you get fully compensated for your expenses.
Statute of Limitations
When you or someone you know has been injured in a boat accident, you must act fast and seek help from an experienced attorney. A professional with experience in personal injury law can look into your case in depth and preserve evidence. They will also develop a strong argument on your behalf.
A personal injury claim or wrongful death lawsuit could assist you in recovering compensation for your injuries. These damages can include medical expenses loss of income, other non-economic or economic losses.
You can also seek damages for the unjustly killed of a loved one. In the event of wrongful death, claims can allow your family to receive compensation for the loss of their love, companionship and guidance, as well as potential earnings.
You must demonstrate four elements to file a suit for personal injury or wrongful death such as breach of duty (or negligence), causation (or damage), and loss of consortium. After analyzing these elements an attorney who specializes in boating accidents will be able determine if you can seek compensation for your damages.
Breach of Duty - A vessel operator has a responsibility towards their passengers to ensure that they are safe on the water. They must abide by the rules of the sea and ensure that their vessel is in good order, and remain alert to the weather conditions. This usually involves avoiding alcohol and drugs, speeding and other reckless behaviours.
Causation- To hold a boater accountable for negligence it must be proved that they acted in a way that was a risky or harmful to other people on the water. This could be as simple as speeding or as complicated as reckless driving.
Damages - If you or a member of your family has been injured in a boating accident, you may be entitled to compensation for medical expenses, lost wages and other costs. A boating accident lawyer will determine if the incident was the result of the negligence of a third party and create a convincing claim for your damages.
A boating accident can result in a variety severe injuries and even permanent disabilities. Spinal cord injuries and head trauma, for example can cause permanent paralysis that hinders victims from returning to work. They can also cause chronic pain and emotional trauma.