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Boat Accident Litigation

Boating can be a thrilling and enjoyable recreational activity however, it can also be dangerous. If negligence leads to an accident the victims and their families could be entitled to compensation for injuries and loss.

A NYC lawyer for boat accidents can help injured victims demand the maximum amount of compensation they are entitled to. A claim includes an obligation to pay for medical expenses as well as other financial damages.

Damages

Although many people associate bodies of water with the Wild West in the United States, there are laws that govern the boats on lakes and rivers as well as oceans. Boat accidents can involve multiple federal and state laws that are weighed in determining whether negligence occurred. For example, if a boat operator was drunk, it could be a cause for 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 to other industries.

If a loved one has been killed in a boat accident, the family members may sue on their behalf for damages, including funeral expenses, lost companionship as well as pain and suffering. Families may also seek compensation for medical bills from the past and future medical expenses.

A New York City boat accident lawyer can assist you to determine whether you or a loved one was injured in an accident on the water. A personal injury lawyer will look over your insurance policy and the responsible party's boat liability policies to determine what damages you could be entitled to receive in a settlement or a verdict. A knowledgeable lawyer can determine if there are any additional parties that may be liable for the accident, including the manufacturer of the defective boat accident lawsuits or part.

Liability

In general, boaters who are injured seek compensation to cover medical expenses (past and future), lost income from the absence of work emotional trauma, as well as suffering and pain. Most serious injuries involve back and neck injury, brain trauma, broken bones, paralysis or internal organ damage.

Boating accidents typically involve multiple parties that could potentially bear legal responsibility for a collision, including the boat's operator, passengers aboard at the time of the incident or other watercraft and boats involved in the collision, the makers of the boats and their parts or engines and even the government agencies that are responsible for putting up buoys to warn people of danger conditions. A personal injury lawyer will know the details of both state law and federal maritime laws to determine who may be liable for a crash.

Under the Jones Act, a worker on a vessel who suffers an injury on the sea has rights to compensation similar to those of workers' compensation recipients. In the same way, sailors injured in international waters or in the outer continental shelf waters are entitled to file a claim under the Jones Act and other federal maritime regulations. Workers' compensation laws also apply to maritime workers injured as well as the families of sailors who have passed away.

Gathering Evidence

The evidence gathered during the initial stages of the legal process can help determine the strength of your case. Photographing the scene of the accident can help determine liability and help determine how the boating collision happened. Eyewitnesses can also provide crucial information that can support your claim.

Medical records are essential to finding out the extent of your injuries and the related damages. They should contain detailed reports of doctor and hospital visits, surgeries, rehabilitation treatments, and the cost associated with these. Additionally, you should note any changes to your employment and income capacity and other non-financial losses.

Spinal cord and brain injuries are common in boat accidents. These types of injuries could be caused by oxygen deficiency carbon monoxide poisoning, or blunt force trauma caused by hitting the head on places like the propeller, or on the side of the boat. Often, these injuries are life-changing.

Other types of marine accidents involve mechanical failures, such as electrical or engine failure such as steering issues, engine failure, and gear shift issues. Our NYC boating accident attorneys will analyze these cases to determine if the manufacturer should be held accountable for the injuries sustained by accident victims.

How to File a Claim

It is important to seek medical attention as soon as you notice an accident on the water. However, you should consult a lawyer prior to submitting an assurance to the insurance adjuster or any other party. Your lawyer will protect your rights and ensure you receive the compensation that you need for your losses.

The legal process to seek compensation following a boat accident involves filing an insurance claim or lawsuit against the party or parties that are liable. This usually includes the presentation of evidence to support a claim for economic and non-economic damages. Economic damages are the cost of medical treatment as well as other costs associated with the accident, including lost income from missed work. Non-economic damages include pain and suffering, and any other intangible loss that is difficult 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 defective manner. A knowledgeable New York boating injury lawyer can determine if a product's liability is at stake and seek compensation from the responsible parties.

In some instances, the boat operator may not be held accountable for an accident. The owner of a vessel could be held accountable in addition, especially in the event that they are responsible for hiring or training the person who operates their boat or permit someone who isn't fit to operate a boat on their property.