Boat Accident Litigation

Boating is an enjoyable and thrilling activity for the whole family, but it is also risky. If negligence leads to an accident the victims and their families could be entitled to compensation for losses and injuries.

A NYC lawyer who handles boat accidents can assist injured victims to receive the amount they deserved. A claim is the need for past medical expenses and other economic damages.

Damages

While many people think of bodies of water like the Wild West, there are laws that govern the vessels on lakes, rivers and oceans throughout the United States. Boat accidents can be governed by several federal and state laws that are considered when determining the degree of negligence. If a boater is drunk, they may be sued for negligence. There are also federal laws that address pollution and deaths at sea. There are also maritime regulations, such as the Jones Act, that provide injured workers and their families with similar compensation pathways to other industries.

If a loved one has been killed in a fatal boat crash family members can sue to recover damages, including loss of companionship and funeral expenses. They can also sue for suffering and pain. Families may also seek compensation for medical bills from the past and future treatment costs.

A New York City boat accident lawyer can help you determine whether you or your loved one was injured in an accident on the water. A personal injury lawyer can examine your insurance policy as well as the policies governing boat liability of the responsible party to determine what compensation you may be eligible to receive as part of settlement or a jury verdict. Additionally, a skilled lawyer can determine if there are any additional parties who may be accountable for the accident such as the manufacturer of the defective boat or part.

Liability

Typically, injured boaters seek damages to cover medical expenses (past and expected), boat accidents lost income due to time missed from work in pain and suffering, emotional trauma, and damages to their boats. Most serious injuries involve back and neck injury and brain trauma, fractured bones, paralysis, and internal organ damage.

In boating accidents, there are a variety of people who could bear legal liability for a collision, such as the boat accident attorneys's operator, any other passengers aboard at the time of the crash as well as other watercraft and boats involved in the collision, the manufacturers of the boats as well as their components or engines as well as the government agencies that are responsible for putting up buoys to warn people of danger conditions. An attorney who handles personal injury cases is well-versed in both state and federal maritime laws to determine who is liable in an accident.

Under the Jones Act a worker on a vessel who is injured at sea has the same rights as workers compensation beneficiaries. Similar, sailors who are injured in international waters or outer continental shelf waters can submit claims under the Jones Act as well as other federal maritime regulations. Workers' compensation laws also apply to maritime workers who are injured and families of sailors who have died.

Gathering Evidence

The evidence gathered in the beginning stages of the legal process could help you determine the strength 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 information that will aid in proving your claim.

Medical records are crucial for in determining the severity of your injuries and the damage that resulted from it. The records should contain thorough details of doctor and hospital visits, surgeries, rehabilitation treatments, as well as the costs associated with these. You should also record any changes to your income or employment along with other losses that are not financial in nature.

Spinal cord and brain injuries are common in boat accidents. These injuries may be caused by carbon monoxide poisoning, oxygen deprivation or blunt force trauma that occurs when the head is struck by the propeller of the boat. These injuries could have a life-changing effect.

Other forms of marine injuries result from mechanical issues, such as electrical or engine problems as well as steering system malfunctions and gear shift issues. In these instances, our NYC lawyer for boating accidents will determine if a company should be held accountable for injuries suffered by accident victims.

The process of filing a claim

You should seek medical attention immediately following an accident on the water. However, it is recommended to consult a lawyer before giving an account to the insurance adjuster or to any other party. Your lawyer can protect your rights and ensure that you receive the compensation you deserve for any damages.

In order to seek compensation for a boating incident you must file an insurance claim or a lawsuit against the party(ies) responsible. It is typical to present evidence to support the claim, which includes both economic and non-economic damages. 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. Non-economic damages include pain, suffering, and other forms of loss that is difficult to quantify.

In certain cases the manufacturer of a vessel or one of its parts could be held responsible for an accident in the event of a product that was defectively made or boat accidents designed. A New York boating accident lawyer may investigate the possibility of product liability and seek compensation from the responsible parties.

In certain instances the boat owner may not be held accountable for the outcome of a collision. Owners of vessels can also be held accountable, especially if the owner is responsible for hiring and training the person operating their vessel, or when a person not qualified to operate a craft is allowed on their property.