Boat Accident Litigation

Boating is a fun and thrilling activity for the whole family, but it could 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 will assist victims of injuries to claim the amount of damages they are entitled to. A claim may include past medical expenses and other economic damages.

Damages

While many people think of waters like the Wild West, there are laws that govern boats on rivers, lakes, and oceans in 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 open them up to civil lawsuits based on negligence. Federal laws also deal with pollution and deaths at sea. Furthermore, there are specific maritime regulations, such as the Jones Act that give injured workers or their families access to compensation similar to workers compensated in other industries.

If a loved one was killed in a boating accident that killed them family members can sue for damages, including loss of companionship and funeral expenses. They can also sue for pain and suffering. Families can even recover money for past medical bills as well as future medical expenses.

A New York City boat accident lawyer can assist you to determine whether you or a loved ones were injured in a boating accident. A personal injury lawyer will review your insurance coverage as well as the responsible party's boat liability policies to determine the amount of compensation you may be entitled to receive in a settlement or a verdict. An experienced lawyer can also assess if there are other parties who may be liable, such as the manufacturer or the part of the boat that was faulty.

Liability

Generally, injured boaters pursue damages to recover medical expenses (past and anticipated) and lost income because of time lost from work in pain and suffering, emotional trauma, and damages to their boats. The most serious injuries are neck and back injuries as well as brain trauma, broken bones, paralysis and organ damage.

Boating accidents can involve many parties that could be held accountable for the accident. These include the operator of the boat, passengers who were aboard at the time of the incident, other boats or watercraft involved, manufacturers of boats as well as their parts, engines, and government agencies who place buoys to warn the public of dangerous conditions. An attorney who handles personal injury cases is familiar with both state and federal maritime laws to determine who is accountable for an accident.

Under the Jones Act, a worker on a boat who suffers an injury at sea has rights to a compensation equal to that of workers' compensation beneficiaries. Additionally, sailors injured on international waters or in outer continental shelf waters have the right to file a claim under the Jones Act and other federal maritime regulations. The families of injured maritime workers and the relatives of sailors who died have rights under state workers' compensation laws.

Gathering Evidence

The evidence gathered in the beginning stages of the legal process can help determine the strength of your case. For example, taking photographs of the scene of the accident could be useful in determining the extent of liability as well as establishing how the boating collision happened. Eyewitnesses can also give valuable information that will support your claim.

Medical records are crucial for finding out the extent of your injuries and the related damages. They should contain detailed accounts of hospital and doctor visits, surgeries, rehabilitative treatments, and the costs associated with these. It is also necessary to record any changes to your income or employment as well as other non-financial losses.

Boat accidents are often related to brain and spinal cord injuries. These injuries may be caused by carbon monoxide poisoning, oxygen deprivation, or blunt force trauma when your head strikes the propeller of the boat. These injuries could have a life-altering impact.

Other kinds of marine accidents involve mechanical issues, for example electrical or engine failure or steering issues, as well as gear shift issues. Our NYC boating accident attorneys will analyze these cases to determine whether the manufacturer can be held responsible for the injuries suffered by accident victims.

How to File a Claim

It is important to seek medical attention immediately following an accident with a boat. However, you should consult with a lawyer before submitting an account to the insurance adjuster or another party. An attorney can help protect your rights, and ensure that you receive adequate compensation for any damages.

In order to claim compensation for a boating incident and you need to file an insurance claim, or a lawsuit against the party(ies) responsible. This usually involves the presentation of evidence to support a claim for economic and non-economic damages. Economic damages include the costs of medical treatment as well as other expenses associated with the accident, including lost income from missed work. Noneconomic damages are those that result from pain and suffering and other intangible losses that are difficult to quantify.

In certain cases the manufacturer of a boat accident lawsuit or one of its parts could be held accountable for an accident when their product was not properly designed or manufactured. A New York boating accident lawyer could investigate the possibility product liability and seek compensation from the parties responsible.

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