Boat Accident Litigation

Boating can be an exciting and enjoyable recreational activity but it's also a risky one. If negligence leads to an accident the victim and their families could be entitled to compensation for the loss and injuries.

A NYC lawyer who handles boat accidents can assist injured victims in getting the compensation they deserve. A claim may include past medical expenses as well as other economic damages.

Damages

Although many people imagine bodies of water as if they were the Wild West, there are laws that govern boats on rivers, lakes and oceans throughout the United States. Boat accidents can involve multiple federal and state laws that are weighed in determining whether negligence occurred. If a boater is drunk, they may be liable for negligence. There are federal laws that address pollution and deaths on the sea. In addition, there are specific maritime regulations like the Jones Act that give injured workers or their families access for compensation similar to workers compensated in other industries.

If a loved one died in a tragic boat accident, the family can sue to recover damages, including lost companionship and funeral costs. They can also sue for suffering and pain. Families can also seek reimbursement for past medical bills as well as future medical expenses.

If a boating accident caused injuries to you or your loved ones A New York City boat accident lawyer can assist you in determining what damages you may be entitled to claim. A personal injury attorney can look over your insurance policy and the boat liability policies of the responsible party to determine what compensation you are eligible to receive as part of an agreement or jury verdict. A lawyer with experience can also assess if there are other parties that could be liable, such as the manufacturer or a component of the boat accident attorneys that was faulty.

Liability

In general, injured boaters seek damages to recover medical expenses (past and future) as well as lost income resulting from time away from work emotional trauma, and pain and suffering. Injuries that are serious typically involve back and neck injury, brain trauma, broken bones, paralysis, and internal organ damage.

Boating accidents can involve many individuals who could be accountable for the collision. This includes the boat's operator, passengers on board at the time of accident as well as other watercraft or boats involved, boat manufacturers, their parts, engines and government agencies that set up buoys to warn people of dangers. A personal injury lawyer will be knowledgeable of both state and federal maritime laws in order to determine who is liable in the event of an accident.

Under the Jones Act, a worker on a boat who is injured at sea is entitled to compensation that are similar to those of workers' compensation beneficiaries. Similar to sailors injured in international waters or outer continental shelf water are able to submit claims under the Jones Act as well as other federal maritime regulations. The families of injured maritime workers and the families of sailors who have died have claims under state worker law on compensation.

Gathering Evidence

The evidence you gather during the initial stages of the legal process can help you determine the strength of your case. For instance, taking photos of the scene of the accident can help determine the responsibility as well as establishing what caused the boating crash. Eyewitnesses may also provide valuable information that will support your claim.

Medical records are essential for understanding the severity of your injuries as well as the damage that resulted from it. They should contain detailed details of doctor and hospital visits, surgeries, rehabilitative treatments, and the costs associated with these. Additionally, you should keep track of any changes in your employment and income capacity and other losses that are not financial in nature.

Injuries to the spinal cord and brain are common in boat accidents. Injuries in this category may result from oxygen deprivation carbon monoxide poisoning, blunt force trauma caused by hitting the head against areas like the propeller or sides of the boat. Most often, these injuries are life-changing.

Other types of marine injuries are caused by mechanical issues like electrical or engine problems or steering system malfunctions and gear shift issues. In these instances, our NYC lawyer for boating accidents will determine if a company should be held liable for the injuries sustained by victims of accidents.

How to File a Claim

You should seek medical attention as soon as you notice a boating accident. However, you should consult a lawyer prior to submitting an assurance to the insurance adjuster or to any other party. An attorney can help protect your rights, including ensuring that you receive adequate compensation for damages.

The legal process to seek compensation in the event of a boating accident is to file an insurance claim or a lawsuit against the party or parties that are liable. This typically includes presenting evidence to back a claim for economic and non-economic damages. Economic damages include medical expenses and other expenses that are incurred due to the accident, as well as loss of income due to missing work. Noneconomic damages include pain and suffering and other intangible damages that may be harder to quantify.

In some instances, a boat manufacturer, or an element of the vessel can be held liable for an accident if their product was constructed or designed in a way that was defective. A skilled New York boating injury lawyer will determine if product liability is at stake and seek compensation from the parties responsible.

In some cases, the boat operator may not be held responsible for an accident. Boat owners can also be held accountable, in particular in the event that the owner is responsible for hiring and training the person who operates their vessel, boat accidents or if a person unfit to operate a boat is allowed to use their property.