Boat Accident Litigation

Boating can be a thrilling and enjoyable activity for the whole family, however, it can also be dangerous. If a negligent act leads to an accident, the victim and their families may be entitled to monetary compensation for injuries and losses.

A NYC boat accident lawyer can help injured victims demand the amount of damages they are entitled to. A claim may include past medical expenses and other economic damages.

Damages

While many people associate bodies of water with the Wild West in the United States, there are laws that govern boats on rivers and lakes as well as oceans. Boat accidents can trigger multiple federal and state laws that are taken into consideration to determine if negligence was the cause. For instance, if the boat operator was drunk, this could open them up to civil lawsuits for negligence. There are federal laws that address pollution and deaths on the sea. Additionally, there are specific maritime laws, like the Jones Act that give injured workers or their families access to compensation that is comparable to workers' compensation in other industries.

If a loved-one was killed in a boating accident, the family members may bring a lawsuit on their behalf to recover damages, including funeral expenses, lost companionship, and pain and suffering. Families can also recover money for medical bills from the past and future medical expenses.

A New York City boat accident lawyer can assist you in determining whether you or your loved one was injured during a boating accident. A personal injury lawyer can review your insurance coverage as well as the responsible party's boat accident attorney liability policies to determine the type of compensation you are entitled to in a settlement or verdict. A knowledgeable lawyer can assess whether there are any other parties who may be accountable for the accident, including the manufacturer of a defective boat or boat part.

Liability

In general, boaters who are injured seek damages to recover medical expenses (past and future) as well as lost income resulting from working absences emotional trauma, and pain and suffering. Injuries that are serious include back and neck injuries as well as brain traumas, fractured bones, and internal organ damage.

Boating accidents can involve many individuals who could be accountable for the accident. This includes the boat's operator, passengers on board at the time of accident as well as the other watercraft or boats involved, manufacturers of boats, their parts, engines and government agencies that put up buoys to warn people of dangerous conditions. A personal injury lawyer can be familiar with the rules and regulations of both state law and federal maritime laws to determine who can be responsible in a collision.

Under the Jones Act, a worker on a vessel who suffers an injury at sea is entitled to compensation similar to those of workers' compensation recipients. Additionally, sailors injured on international waters or in the outer continental shelf waters are entitled to make a claim under the Jones Act and other federal maritime regulations. Families and maritime workers who have been injured as well as the family members of sailors who have passed away have claims under state worker' compensation laws.

Gathering Evidence

Evidence collected during the early stages of the legal process can aid in determining the strength and legitimacy of your case. Photographing the accident scene will help determine the liability and establish the circumstances of the boating accident. Eyewitnesses can also provide important information to aid in proving your claim.

Medical records are vital for in determining the severity of your injuries, and the damage that resulted from it. These records should include detailed accounts of hospital and doctor visits, surgeries, rehabilitation treatments, and the costs associated with these. It is also necessary to record any changes to your income and employment along with other losses that are not financial in nature.

The spinal and brain injuries are common in boat accidents. These injuries can result from carbon monoxide poisoning, oxygen deprivation, or blunt force trauma, when the head strikes the propeller of the boat. These injuries could have a life-altering effect.

Other types of maritime injuries result from mechanical issues like electrical or engine problems or steering system malfunctions and gear shift problems. In these cases our NYC lawyer for boating accidents will determine if a company should be held responsible for injuries sustained by accident victims.

How to File a Claim

While it is important to seek medical attention for injuries immediately following a boating incident, you should not offer a statement to an insurance adjuster or other party without consulting with a lawyer. Your lawyer can help protect your rights, and ensure that you receive adequate compensation for damages.

The legal process to seek compensation in the event of a boating accident involves filing an insurance claim or lawsuit against the person or parties who are responsible. It is typical to present evidence to support an insurance claim for both economic and non-economic damages. Economic damages can include medical expenses and other expenses that result from the accident, including loss of income due to missing work. Non-economic damages include pain and suffering, and other forms of loss that is difficult to quantify.

In some instances, a boat manufacturer or an element of the boat can be held responsible for an accident if their product was created or manufactured in a way that was defective. A knowledgeable New York boating injury lawyer can investigate whether product liability is involved and pursue compensation from the responsible parties.

In certain instances there are instances where it is not only the operator of a boat that could be held accountable for the event of a crash. The owner of the vessel may be held responsible also, particularly if they are responsible for hiring or training the person operating their craft or if they permit a person who isn't fit to operate the boat on their property.