Boat Accident Litigation

Boating can be an enjoyable and exciting activity to enjoy, but it is also risky. If negligence leads to an accident the victim and their families may be entitled to compensation for injuries and loss.

A NYC boat accident attorney will assist victims of injuries to get the compensation they deserve. A claim could include past medical expenses and other economic damages.

Damages

Although many people associate bodies of water with the Wild West in the United States, there are laws that govern the vessels on lakes and rivers as well as oceans. Boat accidents can involve multiple federal and state laws that are considered in determining if negligence took place. If a boater is drunk, they may be sued for negligence. Federal laws also deal with death and pollution at sea. There are maritime regulations, such as the Jones Act, that provide injured workers and their families with a similar compensation pathways to other industries.

If a loved one has been killed in a boating accident, family members can bring a lawsuit on their behalf to recover damages including lost companionship, funeral expenses as well as pain and loss. 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 during a boating accident. A personal injury lawyer can review your insurance coverage as well as the responsible party's boat liability policy to determine the type of damages you could be entitled to in a settlement or a verdict. A lawyer with experience can also determine if are any other parties that could be liable, like the manufacturer, or even a part of the boat that was defective.

Liability

Generally, injured boaters pursue damages to recover medical expenses (past and boat accident attorney expected) and lost earnings due to time missed from work or pain and suffering emotional trauma, and damage to their boats. Injuries that are serious typically involve neck and back injuries, brain trauma, boat accident attorney broken bones, paralysis and organ damage.

Boating accidents can involve a variety of individuals who could be responsible for the crash. These include the boat's operator, passengers who were aboard at the time of the incident as well as other watercraft or boats involved, the makers of boats as well as their parts, engines and government agencies that place buoys to warn people about dangerous conditions. A personal injury lawyer will be aware of the details of state law as well as federal maritime laws to determine who may be liable in a collision.

Under the Jones Act, a worker on a vessel who suffers an injury at sea has rights to compensation that are similar to those of workers' compensation recipients. Similarly, sailors who are injured in international waters or in outer continental shelf waters have the right to claim compensation under the Jones Act and other federal maritime regulations. Workers' compensation laws of the state laws also apply to maritime workers who are injured as well as the families of sailors who have died.

Gathering Evidence

Evidence collected in the early stages of the legal process will aid in determining the strength and legitimacy of your case. For instance, taking photos of the scene of the accident could help determine the liability as well as establishing what caused the boating crash. Eyewitnesses can also give important information to back your claim.

Medical records are essential for establishing the extent of your injuries and associated damages. They should contain detailed details of doctor and hospital visits, surgeries, rehabilitative treatments, and the cost associated with these. You will need to document any changes to your income and employment capacity, as well as any other non-financial loss.

Boat accidents are typically related to brain and spinal cord injuries. These injuries can result from carbon monoxide poisoning, oxygen deprivation or blunt force trauma, when the head hits the propeller of the boat. These injuries can have a life-altering effect.

Other kinds of marine injuries are caused by mechanical problems, such as electrical or engine problems, steering problems, and problems with gear shifts. Our NYC lawyer for boating accidents will analyze these cases to determine whether the manufacturer can be 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 after a boating accident but you should not provide a statement to an insurance adjuster, or another party without consulting with a lawyer. Your attorney can protect your rights and ensure that you receive the proper compensation for damages.

To seek compensation after a boating accident it is necessary to file an insurance claim, or an action against the party(ies) responsible. It is typical to present evidence to support a claim for both economic and non-economic damages. Economic damages are those incurred as a result of medical treatment and other expenses associated with the accident, for example lost income from missed work. Non-economic damages include pain, suffering, and other intangible loss that may be difficult to quantify.

In some cases, a boat manufacturer, or a component of the boat can be held responsible for a mishap if their product was manufactured or designed in a manner that was not safe. A skilled New York boating injury lawyer can determine whether a product liability is involved and pursue compensation from the responsible parties.

In certain instances, the boat operator may not be held accountable for a collision. The owner of the vessel could be held accountable in addition, especially if they are responsible for hiring or training the person who operates their vessel, or permit a person who isn't fit to operate a boat on their property.