Boat Accident Litigation

Boating can be a thrilling and enjoyable activity for the whole family, however, it can be a danger. If negligence causes an accident, the victims and their families may be entitled to compensation for the loss and injuries.

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

Damages

Many people think of bodies of water like the Wild West, there are laws that govern the vessels on lakes, rivers and oceans in the United States. Boat accidents can involve multiple federal and state laws that are taken into consideration in determining if negligence took place. For instance, if the boat operator was drunk, this could lead to civil action for negligence. Federal laws also address pollution and deaths at the sea. There are also maritime regulations, such as the Jones Act, that provide injured workers and their families with similar compensation pathways to other industries.

If a loved one has been killed in a fatal boat crash family members may sue for damages, including lost companionship and funeral costs. They can also sue for pain and suffering. Families can also seek reimbursement for past medical bills as well as future treatment costs.

A New York City boat accident lawyer can assist you in determining if you or your loved one was injured in an accident on the water. An attorney for personal injuries can examine your insurance coverage and the responsible party's boat liability policies to determine the type of damages you could be entitled to in a settlement or verdict. A knowledgeable lawyer can assess whether there are any other parties that may be liable for the incident, such as the manufacturer of the defective boat or part.

Liability

In general, injured boaters seek compensation to cover medical costs (past and future), lost income from time away from work, emotional trauma and suffering and pain. The most serious injuries are neck and back injuries and brain trauma, fractured bones, paralysis and internal organ damage.

Boating accidents can involve many individuals who could be accountable for the collision. These include the operator of the boat, passengers on board at the time of the accident and other watercrafts or boats involved, the manufacturers of boats as well as their parts, engines, and government agencies that place buoys to warn people of dangers. A personal injury attorney is familiar with both state and federal maritime laws to determine who is at fault in 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 this, sailors who are injured in international waters or the outer continental shelf waters are entitled to make claims under the Jones Act as well as other maritime regulations of the federal government. Workers' compensation laws also apply to maritime workers injured and families of sailors who have died.

Gathering Evidence

Evidence gathered during the early stages of the legal process will help determine the strength and effectiveness of your case. For example, taking photographs of the scene of the accident could be useful in determining the degree of liability as well as establishing how the boating collision happened. It is also crucial to get evidence from eyewitnesses, since they can provide evidence that supports your claims.

Medical records are essential to understanding the severity of your injuries, and the damage that resulted from it. The records should contain thorough reports of doctor and hospital visits, surgeries, rehabilitative treatments, as well as the costs associated with these. You will also need to note any changes to your employment and income capacity along with other losses that are not financial in nature.

The spinal and brain injuries are a common occurrence in boat accidents. The injuries in this category can be caused by oxygen deficiency, carbon monoxide poisoning or blunt force trauma caused by hitting the head on places like the propeller or side of the boat. These injuries can cause life-changing impact.

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

How to File a Claim

While it is essential to seek medical attention for injuries as soon as you can after a boating accident, you should not offer a statement to an insurance adjuster or boat accident lawyer any other party without first consulting with a lawyer. Your lawyer can help protect your rights, ensuring that you receive the proper compensation for any damages.

The legal procedure to seek compensation after a boat accident involves filing an insurance claim or lawsuit against the person or parties who are accountable. This typically involves presenting evidence to support a claim for economic as well as non-economic damages. Economic damages can include medical expenses and other expenses that result from the accident, including lost income due to missed work. Noneconomic damages include pain and suffering, as well as other losses that may be harder to quantify.

In certain instances the boat manufacturer or parts of the boat accident lawsuit could be held liable for an accident if their product was constructed or designed in a flawed manner. A knowledgeable New York boating injury lawyer will determine if product liability is involved and pursue compensation from the responsible parties.

In some instances the boat owner may not be held accountable for a collision. The owner of the vessel is liable as well, especially in the event that they are responsible for hiring or training the person who operates their vessel or allow a person who isn't fit to operate the vessel on their premises.