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Boat Accident Litigation

Boating can be an enjoyable and exciting recreational activity that can be risky. If negligence leads to an accident, the victims and their families may be entitled to compensation for injuries and loss.

A NYC boat accident attorney can help injured victims get the compensation they deserve. A claim includes the need for past medical expenses as well as other financial damages.

Damages

Many people think of bodies of water similar to the Wild West, there are laws that govern boats that are moored on lakes, rivers and oceans in the United States. Boat accidents can be governed by multiple federal and state laws that are considered in determining if negligence occurred. If a boat driver is drunk, they could be sued for negligence. Federal laws also deal with pollution and deaths at sea. Additionally, there are special maritime regulations such as the Jones Act that give injured workers or their families access for compensation similar to workers who receive compensation in other industries.

If a loved-one was killed in a boating accident that killed them family members could sue for damages including loss of companionship and funeral expenses. They may also sue for pain and suffering. Families can get money to cover medical costs from the past as well as future treatment.

A New York City boat accident lawyer can help you determine whether you or your loved ones were injured in an accident on the boat. A personal injury lawyer can examine your insurance policy as well as the policies governing boat accident lawsuits liability of the responsible party to determine what compensation you might be able to receive as part of a settlement or jury verdict. In addition, an experienced lawyer can determine if there are any other parties who could be responsible for the accident, such as the manufacturer of the defective boat or part.

Liability

In general, injured boaters seek damages to recover medical costs (past and future) and lost income due to absence from 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 can involve many parties that could be held accountable for the collision. These include the operator of the boat, any passengers on board at the time of the incident as well as other watercraft or boats involved, the manufacturers of boats and their parts, motors and government agencies that place buoys to warn the public of dangers. A personal injury attorney is familiar with both state and federal maritime laws in order to determine who is responsible for an accident.

Under the Jones Act a worker on a vessel who 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 able to make claims under the Jones Act as well as other maritime regulations of the federal government. The state workers' compensation laws also apply to injured maritime workers and the families of sailors who have passed away.

Gathering Evidence

The evidence you gather in the beginning stages of the legal process could aid in determining the strength of your case. Photographing the accident scene can help establish liability and help determine how the boating incident occurred. Eyewitnesses also can provide crucial information that can support your claim.

Medical records are essential to establishing the extent of your injuries and the associated damages. The records should include thorough account of hospital and doctor visits surgery, rehabilitation and the associated costs them. Additionally, you should keep track of any changes in your income and employment and any other losses that are not financial in nature.

Boat accidents are often caused by brain and spinal cord injuries. Injuries in this category may be caused by oxygen deprivation carbon monoxide poisoning, blunt force trauma caused by hitting the head against areas like the propeller or sides of the boat. Most often, these injuries are life-changing.

Other kinds of marine injuries include mechanical issues, for example engine failure or electrical failure or steering issues, as well as problems with gear shifts. Our NYC boating accident lawyers will look into these cases to determine whether the manufacturer can be held responsible for the injuries suffered by accident victims.

How to File a Claim

You should seek medical attention immediately after an accident with a boat. However, it is recommended to consult with a lawyer before submitting a statement to the insurance adjuster or any other person. Your lawyer can help protect your rights, ensuring that you receive the proper compensation for any damages.

In order to claim compensation after a boating accident it is necessary to submit an insurance claim or an action against the party(ies) responsible. It is commonplace to present evidence to support an insurance claim for both economic and noneconomic damage. Economic damages are the cost of medical treatment as well as other expenses arising from the accident, for example the loss of income resulting from missing work. Non-economic damages can include pain, suffering, and other types of intangible loss that may be difficult to quantify.

In some instances, a boat manufacturer, or parts of the vessel can be held liable for causing an accident if their product was created or manufactured in a defective manner. A skilled New York boating injury lawyer can investigate whether product liability is involved and pursue compensation from the parties responsible.

In some instances the boat's owner might not be held accountable for the outcome of a collision. The owner of the vessel could be held accountable too, particularly when they are responsible for hiring or training the person who operates their craft or if they permit someone who isn't fit to operate an unfit boat to use their property.