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Boat Accident Litigation

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

A NYC boat accident lawyer can assist injured victims in obtaining the maximum amount of compensation they are entitled to. A claim could include past 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 vessels on lakes, rivers and oceans in the United States. Boat accidents can trigger several federal and state laws which are considered when determining the degree of negligence. For example, if a boat accident claim operator was drunk, this could open them up to civil action for negligence. Federal laws also address pollution and deaths at sea. There are also maritime regulations, such as the Jones Act, that provide injured workers and their families with a similar compensation options to other industries.

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

If a boat accident caused injuries to you or your loved ones, a New York City boat accident attorney can assist you in determining the kind of damages you are entitled to claim. An attorney for personal injuries can look over your insurance policy and the responsible party's boat liability policy to determine what type of damages you could be entitled to in a settlement or a verdict. An experienced lawyer will also be able to determine if there are other parties that could be responsible, for instance the manufacturer or a component of the boat that was defective.

Liability

Typically, injured boaters seek damages to recover medical expenses (past and expected), lost income due to the time they miss from work, pain and suffering, emotional trauma, and damages to their boats. Most serious injuries involve neck and back injuries, brain trauma, broken bones, paralysis and internal organ damage.

Boating accidents can involve many parties that could be held accountable for the accident. This includes the boat's operator, passengers who were aboard at the time of the incident and other watercrafts or boats involved, boat accident case manufacturers, their parts, engines, and government agencies that place buoys to alert people of dangers. A personal injury lawyer can be familiar with the specifics of state law as well as federal maritime laws to determine who may be held accountable in the event of a collision.

Under the Jones Act, Boat Accident Litigation a worker on a vessel who is injured at sea is entitled to compensation similar to those of workers' compensation recipients. Similar to this, sailors who are who suffer injuries in international waters or outer continental shelf water have the right to file claims under the Jones Act as well as other maritime regulations of the federal government. Families and maritime workers who have been injured as well as the families of deceased sailors also are entitled to compensation under state workers' compensation laws.

Gathering Evidence

The evidence you gather in the beginning stages of the legal process can help you determine the strength of your case. For instance, taking photographs of the scene of the accident could help determine the responsibility as well as establishing how the boating collision happened. Eyewitnesses can also give crucial information that can aid in proving your claim.

Medical records are vital for finding out the extent of your injuries, as well as the damage that resulted from it. The records should include thorough reports of hospital and doctor visits, surgeries, rehabilitation treatments and the costs associated with them. You will need to document any changes to your income and employment capacity, as well in any other losses that are not financial.

Injuries to the spinal cord and brain are a common occurrence in boat accidents. These injuries can be caused by carbon monoxide poisoning, oxygen deprivation or blunt force trauma when the head strikes the propeller of the boat. The majority of the time, boat accident litigation these injuries are life-changing.

Other kinds of marine injuries include mechanical issues, for example electrical or engine failure or steering issues, as well as problems with gear shifts. In these instances, our NYC boating accident lawyers will determine if a manufacturer should be held accountable for the injuries sustained by victims of accidents.

How to File a Claim

It is important to seek medical attention right away following an incident on the boat. However, it is recommended to consult a lawyer before giving an admission to the insurance adjuster or any other party. Your attorney can protect your rights, including ensuring that you receive the proper compensation for any damages.

In order to claim compensation for a boating incident it is necessary to submit an insurance claim or a lawsuit against the party(ies) responsible. It is commonplace to present evidence in support of the claim, which includes both economic and non-economic damages. Economic damages are medical expenses and other expenses that are incurred due to the accident, including lost earnings due to missed work. Noneconomic damages include pain, suffering and other intangible damages which are harder to quantify.

In some cases, the manufacturer of a boat or one of its components may be held accountable for an accident when their product was not properly made or designed. A skilled New York boating injury lawyer can determine if a product's liability is involved and seek compensation from the responsible parties.

In some cases the boat's owner might not be held accountable for an accident. The owners of boats can also be held accountable, in particular in the event that the owner is responsible for the hiring and training of the person who operates their vessel or in the event that a person who isn't fit to operate a craft is allowed to use their property.