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Boat Accident Litigation

Boating can be an enjoyable and exciting recreational activity that can be risky. If a negligent decision leads to an accident, the victims and their families may be entitled to monetary compensation for the injuries and losses.

A NYC lawyer for boat accidents can assist injured victims in getting the amount they are due. A claim may include past medical expenses, along with 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 on lakes, rivers and oceans throughout the United States. Boat accidents may be a result of various laws, both state and federal, that are considered when determining the degree of negligence. For instance, if the boat operator was drunk, it could lead to civil lawsuits for negligence. Federal laws also 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 similar to workers' compensation in other industries.

If a loved one has been killed in a tragic boat accident family members could sue for damages including loss of companionship and funeral expenses. They may also sue for pain and suffering. Families can collect money to cover medical bills from the past and future medical treatment.

A New York City boat accident Law Firm accident lawyer can help you determine whether you or a loved one was injured in a boating accident. A personal injury lawyer can look over your insurance policy and the policies governing boat liability of the responsible party to determine the compensation you may be eligible to receive as part of an agreement or jury verdict. An experienced lawyer can also assess if there are other parties that could be liable, like the manufacturer or a component of the boat that was faulty.

Liability

In general, boaters who are injured seek damages to recover medical expenses (past and future) as well as lost earnings due to the absence of work emotional trauma, as well as suffering and pain. Serious injuries include neck and back injuries brain traumas, broken bones and internal organ damage.

Boating accidents often involve multiple parties who could have legal responsibility for a collision, such as the boat's operator, other passengers aboard at the time of the accident or other watercraft and boats involved in the collision, the makers of the boats and their components or engines and even authorities responsible for putting buoys that warn of the dangers of conditions. A personal injury attorney is familiar with both state and federal maritime laws to determine who is responsible for an accident.

Under the Jones Act a worker on an vessel that is injured at sea has the same rights as workers compensation beneficiaries. Similar to sailors injured in international waters or outer continental shelf water have the right to submit claims under the Jones Act as well as other maritime regulations of the federal government. Families of injured maritime workers as well as families of sailors who have died are entitled to compensation under state workers' compensation laws.

Gathering Evidence

Evidence collected during the early stages of the legal process will help determine the strength and legitimacy of your case. For instance, taking pictures of the scene of the accident could be useful in determining the degree of the extent of liability and how the boating collision occurred. It is also crucial to get evidence from eyewitnesses, since they can offer valuable evidence which can back up your assertions.

Medical records are essential for finding out the extent of your injuries and the damage they cause. These records should include detailed accounts of hospital and doctor Boat Accident Law Firm visits, surgeries, rehabilitative treatments, and the cost associated with these. It is also necessary to note any changes to your income and employment and any other losses that are not financial in nature.

Boat accidents are usually related to brain and spinal cord injuries. These injuries may be caused by carbon monoxide poisoning, oxygen deprivation or blunt force trauma, when the head hits the propeller of the boat. Often, these injuries are life-changing.

Other forms of marine injury are caused by mechanical issues, such as engine or electrical failure as well as steering system malfunctions 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

You should seek medical attention right away following an accident on the water. However, you should consult with a lawyer prior to giving an assurance to the insurance adjuster or any other party. Your lawyer can help protect your rights, including ensuring that you get the right amount of compensation for damages.

In order to seek compensation following a boating collision, you will need to submit an insurance claim or an action against the party(ies) responsible. This typically involves the presentation of evidence to justify a claim of economic and non-economic damages. Economic damages may include medical costs and other expenses that result from the accident, such as lost earnings due to missed work. Noneconomic damages include pain, suffering, and other forms of losses that are difficult to quantify.

In certain cases, the manufacturer of a boat or one of its parts could be held responsible for an accident in the event that their product was defectively made or designed. A skilled New York boating injury lawyer can investigate whether product liability is involved and seek compensation from the parties responsible.

In certain situations, the boat operator may not be held liable for the outcome of a collision. The owner of a vessel could be held accountable too, particularly in the event that they are responsible for hiring or training the person who is operating their vessel, or permit someone who is not fit to operate an unfit boat to use their property.