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Boat Accident Litigation

Boating can be an exciting and enjoyable recreational activity however, it can be a danger. If a negligent action leads to an accident, the victims and their families may be entitled to monetary compensation for losses and injuries.

A NYC boat accident attorney can assist injured victims in getting the compensation they deserve. The claim may cover past medical expenses and other economic damages.

Damages

While many people imagine bodies of water as if they were the Wild West, there are laws that govern the boats that are moored on lakes, rivers and oceans in the United States. Boat accidents can trigger multiple federal and state laws that are taken into consideration in determining if negligence occurred. For instance, if a boat operator was drunk, it could make them vulnerable to civil lawsuits for negligence. There are federal laws that 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 to compensation similar to workers compensated in other industries.

If a loved one has been killed in a boating accident, family members can bring a lawsuit on their behalf to recover damages that include lost companionship, funeral expenses as well as pain and suffering. Families can seek compensation to pay for medical expenses from the past as well as future treatment.

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 injury can review your insurance policy and the policies on boat liability of the responsible party to determine what compensation you may be eligible to receive as part of settlement or a jury verdict. An experienced lawyer will also be able to determine if there are other parties who may be liable, like the manufacturer, or even a part of the boat that was faulty.

Liability

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

Boating accidents often involve multiple parties that could potentially bear legal responsibility for a collision, such as the boat's operator, any other passengers on board at the time of the crash as well as other watercraft and boats involved in the collision, the manufacturers of the boats and their components or engines as well as the government agencies that are responsible for putting up buoys that warn of the dangers of conditions. A personal injury lawyer will be familiar with federal and state maritime laws in order to determine who is responsible for an accident.

Under the Jones Act, a worker on a boat who is injured at sea has rights to compensation that are similar to those of workers' compensation recipients. Similar to this, sailors who are injured in international waters, or the outer continental shelf waters can submit claims under the Jones Act as well as other federal maritime regulations. The state workers' compensation laws also apply to maritime workers injured and families of sailors who died.

Gathering Evidence

Evidence gathered in the initial stages of the legal process can help determine the strength and effectiveness of your case. For instance, taking photos of the scene of the accident could be useful in determining the degree of the extent of liability and the circumstances of the boating accident. Eyewitnesses also can provide valuable evidence to support your claim.

Medical records are essential for determining the extent of your injuries, as well as the damages that resulted. They should contain detailed account of hospital and doctor lawsuits visits and surgeries, rehabilitation treatments, and costs associated with them. You should also keep track of any changes in your employment and income capacity and other non-financial losses.

The spinal and brain injuries are common in boat accidents. Injuries in this category may be caused by oxygen deprivation carbon monoxide poisoning, or blunt force trauma caused by hitting the head on areas like the propeller or side of the boat. These injuries can cause life-changing effect.

Other kinds of marine injuries involve mechanical problems, such as engine failure or electrical failure or steering issues, as well as gear shift issues. In these instances, our NYC boating accident lawyers will investigate to determine if a manufacturer should be held liable for the injuries sustained by victims of accidents.

How to File a Claim

You should seek medical attention immediately following a boating accident. However, it is recommended to consult a lawyer prior to submitting a statement to the insurance adjuster or any other party. A lawyer can safeguard your rights, ensuring that you get the right amount of compensation for the damage.

The legal process for seeking compensation after a boat accident involves filing an insurance claim or a lawsuit against the party or parties that are accountable. This typically involves the presentation of evidence to support a claim for financial as well as non-economic damages. Economic damages are those incurred as a result of medical treatment and other expenses arising from the accident, such as the loss of income resulting from missing work. Non-economic damages can include pain, suffering, and other forms of loss that can be difficult to quantify.

In some instances the maker of a vessel or one of its components may be held accountable for an accident when their product was not properly constructed or designed. A new brighton boat accident law firm York boating accident lawyer may investigate the possibility of product liability and seek compensation from the responsible parties.

In certain situations the boat's operator might not be held liable for a collision. Owners of vessels can be held accountable, especially if the owner is responsible for the hiring and training of the person who operates their vessel, or when a person who is not fit to operate a vessel is allowed to use their property.