Boat Accident Litigation

Boating is an enjoyable and thrilling recreational activity that could be dangerous. If a negligent action leads to an accident, the victim and their families could be entitled to monetary compensation for injuries and losses.

A NYC lawyer for boat accidents can assist injured victims in obtaining the full amount of damages they are entitled to. A claim will include an obligation to pay for medical expenses as well as other economic damages.

Damages

While 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 taken into consideration in determining whether negligence occurred. If a boat driver is drunk, they could be sued for negligence. There are also federal laws that deal with pollution and deaths on the sea. There are 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 boating accident that killed them, the family could sue for damages including loss of companionship and funeral expenses. They may also sue for suffering and pain. Families may also seek compensation for medical bills from 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 a boat accident. A personal injury lawyer can examine your insurance policy and the policies on boat liability of the responsible party to determine what compensation you might be able to receive as part of the settlement or verdict of a jury. An experienced lawyer can also assess if there are other parties who may be responsible, for instance the manufacturer or a component of the boat that was defective.

Liability

In general, injured boaters seek damages to recover medical costs (past and future) as well as lost income resulting from time away from work, emotional trauma and suffering and pain. The most serious injuries are neck and back injuries, brain trauma, broken bones, paralysis and organ damage.

Boating accidents typically involve multiple parties who could have legal responsibility for a collision, including the boat's operator, any other passengers who were aboard at the time of the crash, other boats and watercraft involved in the collision, as well as the manufacturers of the boats and their engines or parts as well as government agencies responsible for putting buoys to warn of hazardous conditions. A personal injury lawyer is familiar with federal and state maritime laws in order to determine who is responsible in an accident.

Under the Jones Act a worker on a vessel who is injured at sea has similar rights to those of workers compensation beneficiaries. Similar to this, sailors who are who suffer injuries in international waters or the outer continental shelf waters can make claims under the Jones Act as well as other federal maritime regulations. The state workers' compensation laws also apply to maritime workers who are injured as well as the families of deceased sailors.

Gathering Evidence

The evidence you gather during the initial stages of the legal process could help determine the strength of your case. Photographing the scene of the accident can help determine the extent of liability and establish what caused the boating collision. It's also important to obtain details from eyewitnesses as they can provide evidence which can back up your assertions.

Medical records are critical for in determining the extent of your injuries and the damage they cause. These records should include detailed accounts of doctor and hospital visits surgery, rehabilitation as well as the expenses associated with them. You should also record any changes to your income and employment along with other non-financial losses.

The spinal and brain injuries are common in boat accidents. These types of injuries could be caused by oxygen deficiency carbon monoxide poisoning, blunt force trauma that results from hitting the head on places like the propeller or side of the boat. In most cases, these injuries can be life-changing.

Other types of marine injuries include mechanical failures, such as engine failure or electrical failure in steering, abrasions, and problems with gear shifts. Our NYC boating accident attorneys will look into these cases to determine whether the manufacturer should be accountable for the injuries suffered by accident victims.

The process of filing a claim

You should seek medical attention right away following 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 safeguard your rights, and ensure that you receive adequate compensation for the damage.

In order to claim compensation for a boating incident it is necessary to make an insurance claim or an action against the party(ies) responsible. This usually involves presenting evidence to justify a claim of economic as well as non-economic damages. Economic damages are medical expenses and other expenses incurred as a result of the accident, as well as loss of income due to missing work. Noneconomic damages include pain and suffering and other intangible losses that are difficult to quantify.

In certain cases a boat manufacturer or a part of the vessel can be held liable for an accident when their product was designed or manufactured in a manner that was not safe. A skilled New York boating injury lawyer can determine if a product's liability is involved and seek compensation from the responsible parties.

In certain instances, the boat operator may not be held responsible for an accident. Owners of vessels can be held accountable, especially in the event that the owner is responsible for the hiring and training of the person who operates their vessel, or when a person who is not fit to operate a craft is allowed on their property.