Boat Accident Litigation

Boating is an enjoyable and thrilling activity for the whole family, but it can be dangerous. If negligence causes an accident the victim and their families may be entitled to compensation for the loss and injuries.

A NYC lawyer for boat accidents can help injured victims demand the maximum amount of compensation they deserve. A claim could include past medical expenses and other economic damages.

Damages

While many people imagine bodies of water like the Wild West, there are laws that govern boats on rivers, lakes, and oceans in the United States. Boat accidents can be governed by multiple federal and state laws which are weighed in determining whether negligence occurred. If a boater is drunk, they could be sued for negligence. Federal laws also deal with pollution and deaths at sea. There are also maritime regulations, such as the Jones Act, that provide injured workers and their families with a similar compensation to other industries.

If a loved-one was killed in a boating accident that killed them, the family may sue for damages, including loss of companionship and funeral expenses. They may also sue for suffering and pain. Families can collect money to cover past medical costs and future treatment.

If a boat accident caused injuries to you or your loved ones, a New York City boat accident attorney can assist you in determining the type of damages you may be entitled to claim. An attorney for personal injury can look over your insurance policy and the policies governing boat liability of the responsible party to determine what compensation you may be eligible to receive as part of an agreement or jury verdict. A lawyer with experience can also assess if there other parties that could be liable, like the manufacturer or the part of the boat that was faulty.

Liability

In general, boaters who are injured seek damages to recover medical costs (past and future), lost income from absence from work emotional trauma and pain and suffering. The most serious injuries are neck and back injuries and brain traumas, as well as broken bones and internal organ damage.

Boating accidents can involve a variety of parties that could be held liable for the crash. These include the boat accident law firm operator, passengers who were aboard at the time of accident and other watercrafts or boats involved, boat manufacturers, their parts, engines, and government agencies that place buoys to warn people about dangerous conditions. A personal injury lawyer will be aware of the specifics of state law as well as federal maritime laws to determine who could be held accountable in the event of a collision.

Under the Jones Act, a worker on a boat who is injured at sea is entitled to compensation that are similar to those of workers' compensation beneficiaries. Similarly, sailors who are injured in international waters or in outer continental shelf waters have the right to file a claim under the Jones Act and other federal maritime regulations. State workers' compensation laws also apply to maritime workers who have been injured and families of sailors who died.

Gathering Evidence

Evidence collected in the early stages of the legal process can aid in determining the strength and viability of your case. Photographing the scene of the accident can help determine the extent of liability and establish how the boating collision happened. Eyewitnesses also can provide crucial information that can help you prove your claim.

Medical records are crucial for in determining the severity of your injuries, as well as the damages that resulted. The records should contain thorough details of doctor and hospital visits, surgeries, rehabilitative treatments, and the expenses associated with these. You'll need to document any changes in your income or employment capacity, as in any other losses that are not financial.

Spinal cord and brain injuries are common in boat accidents. These injuries can be caused by carbon monoxide poisoning, oxygen deprivation or blunt force trauma if your head strikes the propeller of the boat. Often, these injuries are life-changing.

Other types of marine injuries result from mechanical issues for example, engine or electrical failure, steering system malfunction and gear shift problems. In these instances, Boat accidents our NYC boating accident lawyers will investigate to determine if the manufacturer should be held responsible for injuries sustained by accident victims.

How to File a Claim

You should seek medical attention immediately following an accident with a boat. However, you should consult a lawyer before giving a statement to the insurance adjuster or another party. Your lawyer will protect your rights and ensure you get the money you deserve for any damages.

In order to claim compensation for a boating incident you must submit an insurance claim or a lawsuit against the party(ies) responsible. It is commonplace to present evidence in support of an insurance claim for both non-economic and economic damages. Economic damages refer to the cost of medical treatment as well as other expenses arising from the accident, including lost earnings from work missed. Noneconomic damages include pain, suffering as well as other intangible losses that are more difficult to quantify.

In some cases, the manufacturer of a vessel or one of its parts could be held accountable for an accident in the event that their product was defectively designed or manufactured. A New York boating accident lawyer may investigate the possibility of product liability and seek compensation from the parties responsible.

In some instances, the boat operator may not be held accountable for a collision. The owner of a vessel is liable as well, especially if they are responsible for hiring or training the person operating their craft or if they permit someone who is not fit to operate the vessel on their premises.