Boat Accident Litigation

Boating is a fun and thrilling activity for the whole family, but it can be dangerous. If a negligent decision leads to an accident, victims and their families may be entitled to financial compensation for losses and injuries.

A NYC boat accident attorney can assist injured victims in getting the compensation they deserve. The claim may cover past medical expenses and other economic damages.

Damages

While many people think of bodies of water like the Wild west salem boat accident lawsuit, there are laws that govern boats that are moored on lakes, rivers, and oceans in the United States. Boat accidents can be governed by a number of federal and state laws that are considered when determining the degree of negligence. For example, if a boat operator was drunk, it could make them vulnerable to civil litigation for negligence. There are also federal laws that address death and pollution at sea. In addition, there are specific maritime regulations such as the Jones Act that give injured workers or their families a pathway for compensation similar to workers who receive compensation in other industries.

If a loved one has been killed in a boat accident, the family can sue them on behalf of damages such as loss of companionship, funeral expenses and pain and suffering. Families can recover money to cover past medical costs and any future treatment.

A New York City boat accident lawyer can assist you to determine whether you or your loved one was injured during an accident on the boat. A personal injury attorney can review your insurance policy and the boat liability policies of the responsible party to determine what compensation you might be able to receive as part of a settlement or jury verdict. An experienced lawyer can also determine if there other parties that could be liable, like the manufacturer or a component of the boat that was defective.

Liability

In general, injured boaters seek damages to recover medical costs (past and future) as well as lost earnings due to time away from work emotional trauma, and pain and suffering. Injuries that are serious include neck and back injuries and brain traumas, as well as broken bones and internal organ damage.

Boating accidents can involve many individuals who could be accountable for the accident. These include the operator of the boat, passengers on board at the time of the incident, other boats or watercraft involved, boat manufacturers as well as their parts, engines and boat accident attorney government agencies who place buoys to warn people about dangerous conditions. A personal injury lawyer will know the specifics of both state law and federal maritime laws to determine who can be held accountable in the event of a collision.

Under the Jones Act, a worker on a vessel who is injured at sea is entitled to compensation similar to those of workers' compensation recipients. Similar to sailors injured in international waters or outer continental shelf waters have the right to claim compensation under the Jones Act as well as other federal maritime regulations. The state workers' compensation laws also apply to maritime workers injured and the families of sailors who have died.

Gathering Evidence

Evidence gathered during the early stages of the legal process will aid in determining the strength and effectiveness of your case. For example, taking photographs of the scene of the accident can be useful in determining the degree of responsibility as well as establishing how the boating collision occurred. It is also crucial to get evidence from eyewitnesses, since they can be a valuable source of evidence that supports your assertions.

Medical records are essential for understanding the severity of your injuries and associated damages. They should contain detailed accounts of doctor and hospital visitations and surgeries, rehabilitation treatments and the associated costs them. It is also necessary to document any changes in your employment and income capacity along with other non-financial losses.

Boat accidents are typically caused by brain and spinal cord injuries. These injuries may 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 are caused by mechanical issues, like electrical or engine malfunctions such as steering issues, engine failure, and gear shift issues. Our NYC lawyers for boating accidents will analyze these cases to determine whether the manufacturer can be accountable for the injuries suffered by accident victims.

How to File a Claim

It is important to seek medical attention as soon as you notice a boating accident. However, you should consult a lawyer prior to submitting an account to the insurance adjuster or any other person. Your lawyer can help protect your rights, ensuring that you get the right amount of compensation for the damages.

In order to seek compensation after a boating accident you must file an insurance claim, or a lawsuit against the party(ies) responsible. This typically involves presenting evidence to support a claim for financial and non-economic damages. Economic damages are the cost of medical treatment and other expenses associated with the accident, like lost earnings from work missed. Non-economic damages include pain and suffering and other intangible losses that may be harder to quantify.

In some instances the manufacturer of a vessel or one of its components could be held accountable for an accident if their product was defectively designed or manufactured. A New York boating accident lawyer will investigate the possibility of product liability and seek compensation from the parties responsible.

In some cases, it is not just the boat's operator who may be held liable for a crash. Owners of vessels can be held accountable, particularly when the owner is responsible for hiring and training the person operating their vessel, or when a person who is not fit to operate a craft is allowed on their property.