Boat Accident Litigation

Boating can be an exciting and enjoyable recreational activity 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 claim the full amount of damages they deserve. A claim can be the need for past medical expenses as well as other economic damages.

Damages

While many people think of bodies of water like the Wild West, there are laws that govern the boats on rivers, lakes and oceans in the United States. Boat accidents can be governed by many federal and state laws which are considered when determining negligence. For instance, if the boat operator was drunk, it could open them up to civil litigation for negligence. There are also federal laws that address pollution and deaths on the sea. Furthermore, there are specific maritime laws, like the Jones Act that give injured workers or their families a pathway to compensation that is comparable to workers compensated in other industries.

If a loved-one was killed in a boat accident, family members can bring a lawsuit on their behalf to recover damages including loss of companionship, funeral expenses, and pain and suffering. Families can also recover money for medical bills from the past and future treatment costs.

A New York City boat accident lawyer can assist you in determining whether you or a loved one was injured during a boating accident. An attorney for personal injuries can review your insurance coverage and the responsible party’s boat liability policies to determine what type of compensation you might be entitled to receive in a settlement or a verdict. Additionally, a knowledgeable lawyer can assess whether there are any other parties who could be responsible for the accident, including the manufacturer of a defective boat or boat component.

Liability

Generally, injured boaters seek damages to recover medical expenses (past and anticipated), lost income because of time lost from work as well as pain and suffering, emotional trauma, and damages to their boats. Injuries that are serious typically involve back and neck injury, brain trauma, broken bones, paralysis or internal organ damage.

Boating accidents often involve multiple parties that could be liable for legal responsibility for a crash, including the boat’s operator, other passengers who were onboard at the time of the accident, other boats and watercraft involved in the collision, the makers of the boats as well as their engines or parts and even government agencies responsible for placing buoys to warn of hazardous conditions. A personal injury lawyer is aware of the ins and outs of both state law and federal maritime laws to determine who can be held accountable in the event of a collision.

Under the Jones Act, a worker on a boat who suffers an injury at sea is entitled to a compensation equal to that of workers’ compensation recipients. Additionally, sailors injured in international waters or in outer continental shelf waters have the right to file a claim under the Jones Act and other federal maritime regulations. Workers’ compensation laws also apply to injured maritime workers and the families of deceased sailors.

Gathering Evidence

Evidence gathered in the initial stages of the legal process can help determine the strength and legitimacy of your case. Photographing the scene of the accident will help determine the liability and help determine how the boating incident occurred. It’s also important to obtain details from eyewitnesses as they can be a valuable source of evidence that can support your assertions.

Medical records are crucial for in determining the severity of your injuries and the damage that resulted from it. They should contain detailed accounts of hospital and doctor visits, surgeries, rehabilitation treatments, and the cost associated with these. You will also need to keep track of any changes in your income and employment as well as other losses that are not financial in nature.

Injuries to the spinal cord and brain are common in boat collisions. Injuries in this category may be caused by oxygen deprivation carbon monoxide poisoning, or blunt force trauma that results from hitting the head against areas like the propeller or sides of the boat. Often, these injuries are life-changing.

Other forms of marine injury result from mechanical issues for example, electrical or engine failure, Boat accident Lawyer steering system malfunction and gear shift issues. In these instances our NYC lawyer for boating accidents will investigate to determine if the manufacturer should be held liable for the injuries sustained by victims of accidents.

How to File a Claim

You should seek medical attention immediately after a boating accident. However, it is recommended to consult a lawyer before giving an assurance to the insurance adjuster or to any other party. Your lawyer can help protect your rights, including ensuring that you receive adequate compensation for any damages.

The legal procedure to seek compensation in the event of a boating accident involves filing an insurance claim or a lawsuit against the person or parties who are accountable. This typically includes presenting evidence to support a claim for economic as well as non-economic damages. Economic damages can include medical expenses and other expenses incurred as a result of the accident, such as loss of income due to missing work. Noneconomic damages include pain, suffering as well as other intangible losses that are more difficult to quantify.

In certain instances, a boat manufacturer or an element of the boat could be held liable for a mishap if their product was designed or manufactured in a defective manner. A New York boating accident lawyer can investigate the possibility of product liability and seek compensation from the parties responsible.

In certain instances the boat owner may not be held responsible for an accident. The owner of a vessel may be held responsible also, particularly when they are responsible for hiring or training the person who is operating their vessel or allow someone who is not fit to operate an unfit boat to use their property.