Boat Accident Litigation

Boating can be an exciting and fun recreational activity, however, it can be a danger. If negligence causes an accident, the victims and their families may be entitled to compensation for injuries and loss.

A NYC boat accident lawyer will assist victims of injuries to claim the full amount of damages they are entitled to. A claim will include the demand for past medical expenses and other economic damages.

Damages

While many people think of waters like the Wild West, there are laws that govern the vessels on lakes, rivers and oceans throughout the United States. Boat accidents can trigger multiple federal and state laws that are considered in determining if negligence took place. For example, if a boat operator was drunk, it could lead to civil lawsuits for negligence. Federal laws also address death and pollution at sea. There are also maritime regulations, such as the Jones Act, that provide injured workers and their families with a similar compensation pathway to other industries.

If a loved-one was killed in a boat accident, the family can sue them on behalf of damages including loss of companionship, funeral expenses as well as pain and suffering. Families can even recover money to pay medical bills in the past and future treatment costs.

A New York City boat accident lawyer can assist you to determine whether you or a loved one was injured during an accident on the water. A personal injury lawyer can examine your insurance policy and the policies governing boat liability of the responsible party to determine what amount of compensation you could be entitled to receive as part of an agreement or jury verdict. A lawyer with experience can also determine if other parties that could be liable, like the manufacturer or a component of the boat that was defective.

Liability

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

Boating accidents can involve many parties who could be held accountable for the accident. These include the boat accident lawyers operator, passengers who were aboard at the time of the collision as well as the other watercraft or boats involved, the makers of boats and their components, engines, and government agencies that place buoys to warn people about dangerous conditions. A personal injury attorney is well-versed in both state and federal maritime laws to determine who is responsible in the event of an accident.

Under the Jones Act a worker on an vessel that is injured at sea has the same rights to those of workers compensation beneficiaries. In the same way, boat Accident lawyer sailors injured in international waters or in the outer continental shelf waters have the right to claim compensation under the Jones Act and other federal maritime regulations. State workers' compensation laws also apply to maritime workers injured and families of sailors who have passed away.

Gathering Evidence

Evidence gathered in the initial stages of the legal process will help determine the strength and viability of your case. For instance, taking pictures of the scene of the accident can help determine the who is responsible and the circumstances of the boating accident. It is also essential to collect information from eyewitnesses, as they can be a valuable source of evidence which can back up your assertions.

Medical records are essential to finding out the extent of your injuries and the damage they cause. The records should contain thorough reports of hospital and doctor visits, surgeries, rehabilitative treatments, as well as the costs associated with these. You'll need to document any changes in your income or capacity to work, as well as any other non-financial loss.

Injuries to the spinal cord and brain are common in boat collisions. These injuries can result from carbon monoxide poisoning, oxygen deprivation, boat accident lawyer or blunt force trauma when the head hits the propeller of the boat. The majority of the time, these injuries are life-changing.

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

How to File a Claim

It is important to seek medical attention immediately following an accident with a boat. However, it is recommended to consult with a lawyer prior to giving an assurance to the insurance adjuster or any other party. A lawyer can defend your rights and ensure you receive the compensation that you are entitled to for the damages you have suffered.

In order to seek compensation for a boating incident you must file an insurance claim or an action against the party(ies) responsible. This typically involves presenting evidence to support a claim for financial as well as non-economic damages. Economic damages are medical expenses and other expenses that result from the accident, which includes loss of income due to missing work. Noneconomic damages include pain, suffering, as well as other losses that may be harder to quantify.

In certain instances, a boat manufacturer, or a component of the boat can be held accountable for an accident when their product was constructed or designed in a way that was defective. A New York boating accident lawyer could investigate the possibility product liability and seek compensation from the responsible parties.

In some instances the boat's owner might not be held responsible for an accident. The owner of the vessel is liable also, particularly if they are responsible for hiring or training the person who is operating their vessel or permit someone who isn't fit to operate an unfit boat to use their property.