Boat Accident Litigation

Boating can be an exciting and fun recreational activity, however, it can be a danger. If a negligent action leads to an accident, the victim and boat accident lawyer their families may be entitled to compensation for the injuries and losses.

A NYC boat accident lawyer will assist victims of injuries to claim the amount of damages they are entitled to. A claim could include past medical expenses, along with other economic damages.

Damages

While many people think of bodies of water similar to 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 that are considered in determining if negligence took place. If a boat driver is drunk, they may be liable for negligence. There are federal laws that address pollution and deaths at sea. Additionally, there are special maritime regulations such as the Jones Act that give injured workers or their families access to compensation similar to workers compensated in other industries.

If a loved-one was killed in a tragic boat accident family members could sue for damages including loss of companionship and funeral costs. They may also sue for suffering and pain. Families can seek compensation to cover medical bills from the past and future treatment.

A New York City boat accident lawyer can help you determine if you or your loved one was injured during a boating accident. A personal injury attorney can look over your insurance policy and the boat liability policies of the responsible party to determine what compensation you may be eligible to receive as part of a settlement or jury verdict. Additionally, a knowledgeable lawyer can determine if there are any additional individuals who are liable for the accident such as the manufacturer of the defective boat or part.

Liability

Generally, injured boaters seek damages to recover medical expenses (past and expected) as well as lost income because of time lost from work in pain and suffering, emotional trauma, and damage to their boats. Injuries that are serious typically involve neck and back injuries and brain trauma, fractured bones, paralysis and internal organ damage.

Accidents involving boats can involve many parties that could be held accountable for the collision. These include the operator of the boat, any passengers on board at the time of the accident as well as other watercraft or boats involved, the makers of boats and their components, engines and government agencies that place buoys to warn people about dangerous conditions. An attorney who handles personal injury cases is well-versed in both state and federal maritime laws in order to determine who is responsible in the event of an accident.

Under the Jones Act, a worker on a vessel who suffers an injury on the sea has rights to compensation similar to those of workers' compensation beneficiaries. Similar to this, sailors who are who suffer injuries in international waters or outer continental shelf waters can make claims under the Jones Act as well as other federal maritime regulations. Families and maritime workers who have been injured as well as the families of sailors who have died have claims under state worker compensation laws.

Gathering Evidence

The evidence you gather in the beginning stages of the legal process can help determine the strength of your case. For instance, taking photographs of the scene of the accident could be useful in determining the degree of the extent of liability and how the boating collision happened. Eyewitnesses also can provide important information to back your claim.

Medical records are essential to establishing the extent of your injuries and the related damages. These records should include detailed details of hospital and doctor visitations as well as rehabilitation procedures, surgeries, and costs associated with them. You will also need to keep track of any changes in your income and employment along with other non-financial losses.

Injuries to the spinal cord and brain are common in boat collisions. These injuries may be caused by carbon monoxide poisoning, oxygen deprivation, or blunt force trauma when the head hits the propeller of the boat. These injuries could have a life-changing effect.

Other forms of marine injury include mechanical failures for example, engine or electrical failure, steering system malfunction and gear shift issues. Our NYC lawyers for boating accidents will investigate these cases to determine whether the manufacturer should be held responsible for the injuries sustained by accident victims.

How to File a Claim

While it is vital to seek medical attention for injuries immediately after a boating accident but you should not provide an account to an insurance adjuster or any other party without first consulting with a lawyer. An attorney can help protect your rights, including ensuring that you receive adequate compensation for the damages.

To seek compensation after a boating accident and you need to make an insurance claim or a lawsuit against the party(ies) responsible. It is standard to provide evidence in support of a claim for both economic and boat accident lawyer noneconomic damage. Economic damages refer to the cost of medical treatment as well as other expenses arising from the accident, including lost earnings from work missed. Non-economic damages can include pain, suffering, and other forms of loss that can be difficult to quantify.

In certain cases, a boat manufacturer, or a part of the boat can be held responsible for an accident when their product was created or manufactured in a manner that was not safe. A knowledgeable New York boating injury lawyer can determine whether a product liability is involved and pursue compensation from the parties responsible.

In certain situations, the boat operator may not be held accountable for an accident. The owner of a vessel may be held responsible in addition, especially in the event that they are responsible for hiring or training the person operating their vessel, or allow a person who isn't fit to operate an unfit boat to use their property.