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Boat Accident Litigation

Boating can be an exciting and enjoyable leisure activity, but it is also dangerous. If a negligent act leads to an accident and their families could be entitled to financial compensation for injuries and losses.

A NYC lawyer who handles boat accidents can assist injured victims to receive the amount they deserved. A claim can be the demand for past medical expenses as well as other economic damages.

Damages

Although many people imagine bodies of water like the Wild West, there are laws that govern the boats that are moored on lakes, rivers and oceans throughout the United States. Boat accidents can trigger several laws, both state and federal, that are considered when determining the degree of negligence. If a boat driver is drunk, they could be liable for negligence. Federal laws also deal with death and pollution at sea. In addition, there are specific maritime regulations such as the Jones Act that give injured workers or their families a pathway for compensation similar to workers' compensation in other industries.

If a loved one has been killed in a boating accident, the family members may sue on their behalf for damages including funeral expenses, lost companionship, and pain and suffering. Families can collect money to pay for medical expenses from the past as well as future treatment.

A New York City boat accident lawyer can help you determine whether you or your loved one was injured in an accident on the boat. A personal injury lawyer will review your insurance coverage and the responsible party's boat liability policy to determine the type of damages you could be entitled to receive in a settlement or verdict. A lawyer with experience can also determine if other parties that could be liable, like the manufacturer or a component of the boat that was defective.

Liability

In general, injured boaters seek damages to recover medical costs (past and accident future) as well as lost income resulting from working absences emotional trauma, as well as suffering and pain. Serious injuries commonly involve back and neck injury as well as brain trauma, broken bones, paralysis or internal organ damage.

Boating accidents can involve a variety of parties who could be held liable for the crash. These include the operator of the boat, any passengers on board at the time of the accident, other boats or watercraft involved, boat manufacturers as well as their parts, engines and government agencies that put up buoys to warn the public of dangers. A personal injury attorney will be knowledgeable of both state and federal maritime laws to determine who is at fault for an accident.

Under the Jones Act, a worker on a boat who suffers an injury on the sea is entitled to compensation similar to those of workers' compensation beneficiaries. Also, sailors who are injured in international waters or in the outer continental shelf waters are entitled to claim compensation under the Jones Act and other federal maritime regulations. Families of injured maritime workers as well as family members of sailors who have passed away have rights under state workers insurance laws.

Gathering Evidence

The evidence you gather during the initial 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 who is responsible and how the boating collision occurred. It is also important to obtain information from eyewitnesses since they can provide evidence that can support your claims.

Medical records are essential for understanding the severity of your injuries as well as the damage they cause. These records should include detailed accounts of hospital and doctor visits, surgeries, rehabilitative treatments, and the expenses associated with these. You'll need to record changes in your income and employment capacity, as for any other financial loss.

Brain and spinal cord injuries are common 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, these injuries are life-changing.

Other forms of marine injuries involve mechanical failure that can result from electrical or engine problems as well as steering system malfunctions and gear shift problems. In these cases, our NYC boating accident lawyers will investigate to determine if a manufacturer should be held accountable for injuries sustained by victims of accidents.

How to File a Claim

It is important to seek medical attention as soon as you notice a boating accident. However, it is recommended to consult a lawyer before giving an account to the insurance adjuster or any other party. An attorney can help protect your rights and ensure that you receive the proper compensation for any damages.

The legal procedure to seek compensation following a boat accident is to file an insurance claim or a lawsuit against the party or parties that are accountable. This usually includes presenting evidence to justify a claim of economic as well as non-economic damages. Economic damages are those incurred as a result of medical treatment and other expenses arising from the accident, including the loss of income resulting from missing work. Noneconomic damages include pain and suffering, as well as other losses that may be harder to quantify.

In certain instances the boat accident lawyers manufacturer or an element of the vessel can be held liable for causing an accident if their product was designed or manufactured in a defective manner. A knowledgeable New York boating injury lawyer can investigate whether product responsibility is involved and seek compensation from the parties responsible.

In some cases, the boat operator may not be held accountable for an accident. Owners of vessels can also be held responsible, especially if the owner is responsible for hiring and training the person operating their vessel, or if a person unfit to operate a boat is allowed on their property.