Boat Accident Litigation

Boating can be an exciting and enjoyable recreational activity but it's also a risky one. If a negligent decision leads to an accident, the victim and their families may be entitled to monetary compensation for injuries and losses.

A NYC boat accident lawyer can help injured victims demand the maximum amount of compensation they are entitled to. A claim is an obligation to pay for medical expenses and other economic damages.

Damages

Many people think of waters like the Wild West, there are laws that govern boats that are moored on lakes, rivers, and oceans in the United States. Boat accidents may be governed by a variety of federal and state laws which are weighed in determining if negligence occurred. If a boater is drunk, they could be sued for negligence. There are federal laws that deal with pollution and boat accident lawyer deaths at sea. There are also maritime regulations, like the Jones Act, that provide injured workers and their families with similar compensation options to other industries.

If a loved-one was killed in a fatal boat crash family members could sue for damages including loss of companionship and funeral expenses. They can also sue for suffering and pain. Families can recover money to cover medical costs from the past and any future treatment.

A New York City boat accident lawyer can assist you in determining whether you or your loved one was injured in an accident on the boat. An attorney for personal injury can look over your insurance policy and the kirtland boat accident law firm liability policies of the responsible party to determine the amount of compensation you could be entitled to receive as part of settlement or a jury verdict. Additionally, a skilled lawyer can assess whether there are any additional parties who could be responsible for the incident, such as the manufacturer of a defective boat or boat part.

Liability

Generally, injured boaters pursue damages to recover medical expenses (past and expected), lost income due to the time they miss from work or pain and suffering emotional trauma, and damage to their boats. The most serious injuries are back and neck injury and brain trauma, fractured bones, paralysis or internal organ damage.

Boating accidents can involve a variety of parties who could be held responsible for the crash. These include the boat operator, passengers who were aboard at the time of the incident and other watercrafts or boats involved, the manufacturers of boats and their components, engines and government agencies who place buoys to alert people of dangers. A personal injury lawyer can be familiar with the specifics of both state law and federal maritime laws to determine who could be held accountable in the event of a collision.

Under the Jones Act a worker on an vessel that is injured at sea enjoys the same rights as workers compensation beneficiaries. Similarly, sailors who are injured on international waters or in outer continental shelf waters are entitled to file a claim under the Jones Act and other federal maritime regulations. Families of injured maritime workers as well as families of sailors who have died have claims under state workers compensation laws.

Gathering Evidence

Evidence gathered during the early stages of the legal process can aid in determining the strength and viability of your case. For instance, taking photos of the scene of the accident can be useful in determining the degree of who is responsible and how the boating collision occurred. Eyewitnesses can also provide valuable evidence to help you prove your claim.

Medical records are critical for finding out the extent of your injuries as well as the damage they cause. The records should include thorough account of hospital and doctor visits as well as rehabilitation procedures, surgeries, and costs associated with them. You should also note any changes to your income or employment along with other losses that are not financial in nature.

Injuries to the spinal cord and brain are common in boat accidents. These injuries can be caused by carbon monoxide poisoning, oxygen deprivation or blunt force trauma if the head is struck by the propeller of the boat. Most often, these injuries are life-changing.

Other kinds of marine accidents involve mechanical issues, for example engine failure or electrical failure such as steering issues, engine failure, and gear shift issues. Our NYC lawyers for boating accidents will look into these cases to determine whether the manufacturer is accountable for the injuries sustained by accident victims.

How to File a Claim

While it is vital to seek medical attention for injuries as soon as you can following a boating accident but you should not provide a statement to an insurance adjuster or another party without first consulting a lawyer. A lawyer can safeguard your rights, including ensuring that you are compensated in a fair manner for the damage.

To seek compensation following a boating collision, you will need to make an insurance claim or a lawsuit against the party(ies) responsible. This typically includes providing evidence to justify a claim of economic and noneconomic damages. Economic damages may include medical costs and other expenses that result from the accident, such as lost income due to missed work. Noneconomic damages include pain and suffering as well as other intangible losses that are difficult to quantify.

In certain cases a boat manufacturer or parts of the boat may be held responsible for an accident when their product was manufactured or designed in a way that was defective. A knowledgeable New York boating injury lawyer can determine whether a product liability is involved and seek compensation from the responsible parties.

In certain instances it's not just the operator of a boat who may be held liable for a crash. The owner of a vessel may be held responsible as well, especially if they are responsible for hiring or training the person who is operating their vessel or permit someone who is not fit to operate an unfit boat to use their property.