Boat Accident Litigation
Boating can be an enjoyable and thrilling recreational activity that could be dangerous. If a negligent action leads to an accident, the victims and their families could be entitled to financial compensation for the injuries and losses.
A NYC lawyer who handles boat accidents can help injured victims get the amount they deserved. A claim can be a demand for past medical expenses and other economic damages.
Damages
Many people think of bodies of water like the Wild West, there are laws that govern vessels on lakes, rivers, and oceans in the United States. Boat accidents can involve various laws, both state and federal, that are considered when determining negligence. For instance, if the boat operator was drunk, this could open them up to civil litigation for negligence. Federal laws also deal with pollution and deaths on the sea. There are also maritime regulations, such as the Jones Act, that provide injured workers and their families with similar compensation options to other industries.
If a loved one was killed in a boat accident, the family members may sue them on behalf of damages that include funeral expenses, lost companionship as well as pain and loss. Families can seek compensation to cover medical bills from the past as well as future treatment.
If a boat accident has caused injuries to you or your loved ones, a New York City boat accident lawyer can help you determine what damages you are entitled to claim. An attorney for personal injuries can examine your insurance coverage and the responsible party's policies on
boat accident attorneys liability to determine what compensation you may be entitled to receive in a settlement or verdict. A lawyer with experience can also determine if there other parties that could be liable, such as the manufacturer or the part of the boat that was defective.
Liability
Generally, injured boaters seek damages to recover medical expenses (past and anticipated) and lost income due to the time they miss from work or pain and suffering emotional trauma, and damages to their boats. Injuries that are serious include neck and back injuries as well as brain traumas, fractured bones and internal organ damage.
Boating accidents often involve multiple parties that could potentially bear legal liability for a collision, such as the
boat accident attorneys's operator, any other passengers who were aboard at the time of the accident or other watercraft and boats involved in the collision, manufacturers of the boats as well as their parts or engines and even government agencies responsible for putting buoys to warn of dangerous conditions. A personal injury lawyer can be familiar with the rules and regulations of both state law and federal maritime laws to determine who could be liable for a crash.
Under the Jones Act a worker on a vessel who is injured on the sea has similar rights as workers compensation beneficiaries. Similar to sailors injured in international waters or outer continental shelf water have the right to make claims under the Jones Act as well as other maritime regulations of the federal government. State workers' compensation laws also apply to maritime workers injured and families of sailors who have died.
Gathering Evidence
The evidence you gather in the beginning stages of the legal process can help you determine the strength of your case. For example, taking photographs of the scene of the accident can be useful in determining the extent of liability as well as establishing the circumstances of the boating accident. It's also important to obtain information from eyewitnesses since they can provide evidence which can back up your claims.
Medical records are essential for determining the extent of your injuries and the damage that resulted from it. These records should include detailed accounts of doctor and hospital visits surgery, rehabilitation and the associated costs them. You should also note any changes to your income or employment as well as other non-financial losses.
Injuries to the spinal cord and brain are a common occurrence in boat accidents. These injuries can result from carbon monoxide poisoning, oxygen deprivation or blunt force trauma, when the head is struck by the propeller of the boat. These injuries can have a life-changing effect.
Other kinds of marine injuries are caused by mechanical problems, such as engine failure or electrical failure, steering problems, and gear shift issues. Our NYC boating accident attorneys will look into these cases to determine whether the manufacturer can be held accountable for the injuries sustained by accident victims.
Filing a Claim
You should seek medical attention immediately after an accident on the water. However, it is recommended to consult a lawyer before giving a statement to the insurance adjuster or to any other party. Your attorney can protect your rights, and ensure that you get the right amount of compensation for damages.
The
legal procedure to seek compensation following a boat accident is to file an insurance claim or lawsuit against the party or parties that are liable. It is common to present evidence to support a claim for both economic and non-economic damages. Economic damages include medical expenses and other expenses that result from the accident, which includes the loss of income resulting from missing work. Non-economic damages include pain and suffering, as well as other losses that may be harder to quantify.
In certain cases the maker of a boat or one of its components can be held liable for an accident if their product was defectively constructed or designed. A knowledgeable New York boating injury lawyer will determine if product liability is at stake and seek compensation from the parties responsible.
In some cases the boat's operator might not be held responsible for the outcome of a collision. The owner of a vessel may be held responsible too, particularly when they are responsible for hiring or training the person who is operating their craft or if they permit a person who isn't qualified to operate the vessel on their premises.