Boat Accident Litigation
Boating is 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 the loss and injuries.
A NYC
boat accident lawyer can help injured victims claim the maximum amount of compensation they are entitled to. A claim can include past medical expenses as well as other economic damages.
Damages
While many people imagine waters like the Wild West, there are laws that govern the boats on rivers, lakes and oceans throughout the United States. Boat accidents can be governed by multiple federal and state laws that are weighed in determining if negligence occurred. If a boat driver is drunk, they could be sued for negligence. Federal laws also deal with death and pollution at sea. Additionally, there are specific maritime regulations, such as the Jones Act that give injured workers or their families access to compensation that is similar to workers compensated in other industries.
If a loved one has been killed in a tragic boat accident, the family can sue for damages, including loss of companionship and funeral expenses. They may also sue for pain and suffering. Families can recover money to cover medical costs from the past and any future treatment.
A New York City
boat accident lawyer can assist you in determining if you or your loved one was injured during a boating accident. An attorney for personal injury can examine 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. Additionally,
boat accident lawyer a knowledgeable lawyer can determine if there are any additional individuals who are liable for the accident, such as the manufacturer of the defective boat or component.
Liability
In general, injured boaters seek damages to recover medical costs (past and future), lost income from absence from work emotional trauma, as well as suffering and pain. The most serious injuries are neck and back injuries brain traumas, broken bones and internal organ damage.
Boating accidents usually involve multiple parties that could be liable for legal responsibility for the crash, including the boat's operator, passengers who were onboard at the time of the crash, other boats and watercraft involved in the collision, the manufacturers of the boats and their parts or engines, and even authorities responsible for putting buoys to warn people of danger conditions. A personal injury lawyer can be familiar with the details of both state law and federal maritime laws to determine who could be liable in a collision.
Under the Jones Act a worker on an vessel that is injured at sea enjoys the same rights to those of workers compensation beneficiaries. In the same way, sailors injured in international waters or in the outer continental shelf waters have the right to submit a claim under Jones Act and other federal maritime regulations. The families of injured maritime workers and the families of sailors who have died are entitled to compensation under state workers compensation laws.
Gathering Evidence
The evidence gathered 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 can be useful in determining the degree of the extent of liability and what caused the boating crash. Eyewitnesses also can provide crucial information that can back your claim.
Medical records are essential to establishing the extent of your injuries and associated damages. These records should include thorough reports of doctor and hospital visits, surgeries, rehabilitation treatments, and the costs associated with these. You will also need to keep track of any changes in your income or employment as well as other non-financial losses.
Boat accidents are often related to brain and spinal cord injuries. These injuries can be caused by carbon monoxide poisoning, oxygen deprivation, or blunt force trauma if the head strikes the propeller of the boat. These injuries can cause life-changing impact.
Other types of marine injuries involve mechanical issues, like engine failure or electrical failure such as steering issues, engine failure, and gear shift issues. Our NYC boating accident attorneys will investigate these cases to determine whether the manufacturer can be accountable for the injuries suffered by accident victims.
How to File a Claim
It is crucial to seek medical attention immediately for injuries after a boating accident however, you shouldn't make an account to an insurance adjuster, or another party without first consulting with a lawyer. A lawyer can safeguard your rights, including ensuring that you receive the proper compensation for the damage.
In order to seek compensation following a boating collision and you need to file an insurance claim or an action against the party(ies) responsible. This usually involves providing evidence to back a claim for economic and noneconomic damages. Economic damages are medical expenses and other expenses incurred as a result of the accident, such as the loss of income resulting from missing work. Non-economic damages include pain and suffering, and any other intangible loss that may be difficult to quantify.
In certain cases, a boat manufacturer, or parts of the boat could be held accountable for causing an accident if their product was constructed or designed in a defective manner. A New York boating accident lawyer could investigate the possibility product liability and seek compensation from the parties responsible.
In some cases, it is not just the person who operates a boat who may be held liable for an accident. Owners of vessels can also be held responsible, especially when the owner is responsible for the hiring and training of the person who operates their vessel or if a person unfit to operate a craft is allowed on their property.