Boat Accident Litigation

Boating is an enjoyable and thrilling recreational activity that could be dangerous. If negligence causes an accident the victim and their families may be entitled to compensation for losses and injuries.

A NYC lawyer for boat accidents will assist victims of injuries to claim the maximum amount of compensation they are entitled to. A claim may include past medical expenses and other economic damages.

Damages

While many people think of bodies of water with the Wild West in the United States, there are laws that govern the boats on rivers and lakes as well as oceans. Boat accidents may be governed by a variety of federal and state laws that are considered in determining if negligence occurred. If a boater is drunk, they may be sued for negligence. There are federal laws that deal with the issue of pollution and deaths at sea. Furthermore, there are specific maritime regulations such as the Jones Act that give injured workers or their families access for compensation similar to workers who receive compensation in other industries.

If a loved-one was killed in a boating accident, the family can sue on their behalf for damages, including lost companionship, funeral expenses, and pain and suffering. Families can collect money to cover medical costs from the past as well as future treatment.

If a boating accident caused injuries to you or your loved ones, a New York City boat accident lawyer can help you determine what damages you could be entitled to claim. A personal injury lawyer can examine your insurance policy as well as the policies regarding liability for boats of the responsible party to determine the compensation you might be able to receive as part of an agreement or jury verdict. Additionally, a knowledgeable lawyer can determine if there are any additional parties that may be liable for the accident such as the manufacturer of the boat or component.

Liability

Generally, injured boaters pursue damages to recover medical expenses (past and expected) and lost income due to time missed from work as well as pain and suffering, emotional trauma, and damages to their boats. Serious injuries commonly involve neck and back injuries as well as brain trauma, broken bones, paralysis and internal organ damage.

Boating accidents may involve many people who could be held accountable for the collision. This includes the operator of the boat, any passengers aboard at the time of the accident as well as the other watercraft or boats involved, manufacturers of boats, their parts, engines and government agencies that place buoys to warn people of dangerous conditions. A personal injury attorney is familiar with both state and federal maritime laws in order to determine who is at fault in the event of an accident.

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

Gathering Evidence

The evidence collected in the beginning stages of the legal process can help determine the strength of your case. For example, 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 occurred. It is also crucial to get details from eyewitnesses as they can be a valuable source of evidence that can support your assertions.

Medical records are crucial for finding out the extent of your injuries, as well as the damages that resulted. These records should include detailed accounts of hospital and doctor visits, surgeries, rehabilitation treatments, and the expenses associated with these. Additionally, you should document any changes in your income and employment as well as other losses that are not financial in nature.

Boat accidents are often 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. Often, these injuries are life-changing.

Other types of maritime injuries are caused by mechanical issues like electrical or engine problems, steering system malfunction and gear shift issues. In these instances, our NYC boating accident lawyers will determine if a manufacturer can be held accountable for the injuries suffered by victims of accidents.

How to File a Claim

It is important to seek medical attention right away following an incident on the boat. However, it is recommended to consult with a lawyer prior to giving an admission to the insurance adjuster or another party. A lawyer can help protect your rights and ensure that you get the money you deserve for damages.

In order to claim compensation after a boating accident you must file an insurance claim, or a lawsuit against the party(ies) responsible. It is common to present evidence in support of claims for both non-economic and economic damages. Economic damages can include medical expenses and other expenses incurred as a result of the accident, which includes the loss of income resulting from missing work. Noneconomic damages include pain, suffering as well as other intangible losses that may be harder to quantify.

In some instances, a boat accident lawsuits manufacturer or an element of the boat can be held liable for causing an accident if their product was created or manufactured in a way that was defective. A skilled New York boating injury lawyer can investigate whether product responsibility is involved and seek compensation from the parties responsible.

In certain situations the boat's owner might not be held liable for a collision. Boat owners can also be held accountable, especially when they are responsible for hiring and training the person who operates their vessel, boat accidents or when a person who is not fit to operate a craft is allowed on their property.