The state of New York is perfectly suited for anglers. It has a long coastline for those interested in saltwater fishing, over 70,000 miles of rivers, and over 7500 lakes which provide suitable options for different anglers. Even though it is supposed to be fun, fishing boat accidents happen and result in accidents and fatalities.
The primary cause of death in these accidents is drowning, and it can be devastating to learn a loved one passed away due to the actions of another. While you have a right to sue for compensation, there are a few things you need to know to ensure you do it right and get the award you deserve.
Understand the Cause
This is one of the most difficult things you will do because you will be looking for a loved one’s cause of death. However painful, knowing the cause of death will help you determine which parties are liable and who to sue when you finally file.
Relevant reports and the autopsy report should give you more information to better understand what happened and help you put together something for your wrongful death attorney to look at.
Hire a Wrongful Death Lawyer
You should hire a wrongful death attorney as soon as possible because they can help you much more than you realize. The right attorney will tell you if you have a viable lawsuit and how to strengthen it. They will direct you on the evidence to collect, hire experts to talk to witnesses to better understand the circumstances of the accident, and file the lawsuit before the statute of limitations lapses.
Determine Who is Liable
Wrongful death cases following a fishing boat accident can be complicated because many parties could be liable. If your loved one went on a private fishing expedition, you can sue the operator or the owner if they did not maintain the boat properly or it was faulty. You can also sue the owner if they hired an inexperienced operator, or the operator if they were drunk at the time.
The entanglement between jurisdictional and maritime law further increases the complexity of these cases. However, an experienced attorney should be able to walk you through everything you need to know so you can decide who is liable. They will also help you know who can file the lawsuit to ensure everything goes smoothly.
Negotiate or Litigate
The defendant’s attorneys or insurance company will likely offer a settlement once you file. Since your attorney has assessed your case and knows what damages you deserve, they will negotiate on your behalf so that you get the amount you deserve.
While this is the desired outcome, sometimes these negotiations break down, and you must go to court. This is one of the reasons why you should always hire a wrongful death attorney ready to go to court and represent you if required.
Losing a loved one due to the actions of another is devastating, and dealing with the loss is difficult. Loved ones can get some reprieve by suing for wrongful death with the help of our attorneys at the law offices of Marc S. Albert.
We have decades of experience representing victims and families in New York, and you can talk to us directly by visiting our offices at:
- Astoria – 32-72 Steinway St, Astoria, NY 11103
- Brooklyn – 7113 5th Avenue, Brooklyn, NY 11209
- Syosset – 175 Jericho Turnpike, Syosset, NY 11791
You can also call us now for a free consultation on (347) 472-5080 if your loved one passes away in a fishing boat accident.