Boat Accident Litigation

Boating is an enjoyable and thrilling activity for the whole family, but it is also risky. If a negligent act causes to an accident, the victim and their families may be entitled to financial compensation for injuries and boat accident attorney losses.

A NYC boat accident attorney can assist injured victims in getting the amount they are due. A claim can be an obligation to pay for medical expenses and other economic damages.

Damages

Although many people imagine bodies of water as if they were the Wild West, there are laws that govern the vessels that travel on rivers, lakes and oceans throughout the United States. Boat accidents can trigger multiple federal and state laws that are weighed in determining if negligence took place. If a boater is drunk, they may be sued for negligence. There are also federal laws that deal with pollution and deaths on the sea. There are also maritime regulations, like 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 boating accident, family members can sue for damages such as funeral expenses, lost companionship and pain and suffering. Families can even recover money to pay medical bills in the past and future costs for treatment.

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 are entitled to claim. A personal injury attorney can examine your insurance policy as well as the policies regarding liability for boats of the responsible party to determine the amount of compensation you could be entitled to receive as part of an agreement or jury verdict. In addition, an experienced lawyer can determine if there are any additional parties that may be liable for the accident, such as the manufacturer of the defective boat or part.

Liability

In general, injured boaters seek compensation to cover medical costs (past and future), lost income from the absence of work emotional trauma, as well as pain and suffering. Serious injuries include back and neck injuries and brain traumas, as well as broken bones, and internal organ damage.

Boating accidents may involve many individuals who could be responsible for the crash. These include the operator of the boat, passengers on board at the time of the collision as well as the other watercraft or boats involved, boat manufacturers and their components, engines and government agencies that put up buoys to warn people of dangerous conditions. A personal injury lawyer will know the rules and regulations of state law as well as federal maritime laws to determine who could be liable for a crash.

Under the Jones Act, a worker on a boat accident attorney who is injured at sea is entitled to compensation that are similar to those of workers' compensation recipients. Similarly, sailors who are injured on international waters or in the outer continental shelf waters have the right to make a claim under the Jones Act and other federal maritime regulations. Workers' compensation laws also apply to maritime workers who have been injured as well as the families of sailors who died.

Gathering Evidence

The evidence you gather 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 extent of who is responsible and how the boating collision occurred. Eyewitnesses can also give valuable evidence to aid in proving your claim.

Medical records are critical for finding out the extent of your injuries and the injuries that result from them. They should contain detailed account of hospital and doctor visits and surgeries, rehabilitation treatments as well as the expenses associated with them. You will also need to document any changes in your income or employment along with other losses that are not financial in nature.

Injuries to the spinal cord and brain are common in boating accidents. 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 could have a life-changing effect.

Other forms of marine injury include mechanical failures that can result from electrical or engine failure, steering system malfunction and gear shift issues. In these instances, our NYC lawyer for boating accidents will investigate to determine if the manufacturer should be held accountable for injuries suffered by accident victims.

Making a Claim

You should seek medical attention immediately after an accident on the water. However, you should consult a lawyer prior to submitting an assurance to the insurance adjuster or to any other party. A lawyer can defend your rights and ensure you get the compensation you deserve for any damages.

The legal process to seek compensation for a boating accident involves filing an insurance claim or lawsuit against the party or parties that are liable. It is commonplace to present evidence to support a claim for both economic and non-economic damages. Economic damages may include medical costs and other expenses incurred as a result of the accident, which includes lost income due to missed work. Noneconomic damages are those that result from pain and suffering and other intangible losses that are more difficult to quantify.

In certain cases the maker of a vessel or one of its components could be held accountable for an accident in the event that their product was defectively made or designed. A knowledgeable New York boating injury lawyer can determine whether a product liability is at stake and seek compensation from the responsible parties.

In some cases, the boat operator may not be held accountable for a collision. The owner of the vessel is liable in addition, especially in the event that they are responsible for hiring or training the person operating their vessel or allow a person who isn't qualified to operate an unfit boat to use their property.