Boat Accident Litigation

Boating is an enjoyable and thrilling activity for the whole family, but it could be dangerous. If a negligent decision leads to an accident, the victim and their families may be entitled to monetary compensation for the injuries and losses.

A NYC boat accident lawyer can help injured victims demand the maximum amount of compensation they deserve. A claim is the demand for past medical expenses as well as other financial damages.

Damages

While many people imagine bodies of water similar to the Wild West, there are laws that govern the boats that are moored on lakes, rivers and oceans in the United States. Boat accidents can trigger multiple federal and state laws that are considered to determine if negligence was the cause. If a boat driver is drunk, they could be sued for negligence. Federal laws also deal with death and pollution at sea. There are also maritime regulations, like 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, the family members may sue them on behalf of damages such as loss of companionship, funeral expenses as well as pain and suffering. Families can also recover money to pay medical bills in the past and future medical expenses.

A New York City boat accident lawyer can assist you in determining whether you or a loved ones were injured in a boat accident. An attorney for personal injury can look over your insurance policy and the policies on boat liability of the responsible party to determine what compensation you might be able to receive as part of settlement or a jury verdict. In addition, boat accident lawyer an experienced lawyer can determine if there are any additional parties who could be responsible for the accident, such as the manufacturer of the boat or component.

Liability

Generally, injured boaters pursue damages to recover medical expenses (past and anticipated) and lost earnings due to time missed from work, pain and suffering, emotional trauma, and damage to their boats. The most serious injuries are back and neck injury as well as brain trauma, broken bones, paralysis and organ damage.

Accidents involving boats can involve many individuals who could be accountable for the collision. These include the boat operator, passengers who were aboard at the time of the accident as well as the other watercraft or boats involved, manufacturers of boats and their components, engines, and government agencies that put up buoys to warn people of dangers. A personal injury lawyer will be aware of the rules and regulations of state law as well as federal maritime laws to determine who may be responsible 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 beneficiaries. Similar to that, sailors who suffer injuries in international waters or the outer continental shelf waters can file claims under the Jones Act as well as other federal maritime regulations. Families of injured maritime workers as well as families of sailors who have died have claims under state worker compensation laws.

Gathering Evidence

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

Medical records are vital for understanding the severity of your injuries and the damages that resulted. The records should contain thorough reports of hospital and doctor visits, boat accident lawyer surgeries, rehabilitative treatments, as well as the costs associated with these. You should document any changes to your income and job capacity, as well in any other losses that are not financial.

Boat accidents are often associated with brain and spinal cord injuries. These injuries can be caused by carbon monoxide poisoning, oxygen deprivation or blunt force trauma, when the head strikes the propeller of the boat. Most often, these injuries are life-changing.

Other kinds of marine injuries involve mechanical problems, such as electrical or engine failure or steering issues, as well as problems with gear shifts. In these instances, our NYC lawyer for boating accidents will determine if a manufacturer can be held accountable for injuries suffered by accident victims.

Making a Claim

You should seek medical attention right away following a boating accident. However, it is recommended to consult with a lawyer before submitting a statement to the insurance adjuster or to any other party. Your lawyer will protect your rights and ensure you receive the compensation that you need for your losses.

The legal process to seek compensation in the event of a boating accident is to file an insurance claim or a lawsuit against the person or parties who are liable. It is common to present evidence in support of the claim, which includes damages both economic and noneconomic. Economic damages can include medical expenses and other expenses that are incurred due to the accident, as well as the loss of income resulting from missing work. Noneconomic damages include pain and suffering, as well as other losses that are difficult to quantify.

In some instances the manufacturer of a vessel or one of its components can be held liable for an accident in the event that their product was defectively designed or manufactured. A knowledgeable New York boating injury lawyer will determine if product liability is involved and pursue compensation from the responsible parties.

In some cases it's not just the boat's operator who is liable for an accident. Boat owners can also be held accountable, in particular when they are responsible for hiring and training the person who operates their vessel, or when a person not qualified to operate a boat is allowed to use their property.