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Boat Accident Litigation

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

A NYC boat accident lawyer will assist victims of injuries to claim the full amount of damages they deserve. A claim may include past medical expenses as well as other economic damages.

Damages

While many people think of bodies of water as if they were the Wild West, there are laws that govern boats that are moored on lakes, rivers, and oceans in the United States. Boat accidents may be a result of various laws, both state and federal, that are considered when determining negligence. For instance, if the boat operator was drunk, this could make them vulnerable to civil lawsuits based on negligence. Federal laws also deal with death and pollution at sea. There are also maritime regulations, such as the Jones Act, that provide injured workers and their families with a similar compensation pathways to other industries.

If a loved-one was killed in a boating accident, the family members may bring a lawsuit on their behalf to recover damages such as funeral expenses, lost companionship as well as pain and suffering. Families can seek compensation to cover medical bills from the past and future medical treatment.

A New York City boat accident lawyer can assist you in determining if you or your loved ones were injured in a boating accident. A personal injury lawyer can look over your insurance policy and the policies governing boat liability of the responsible party to determine the compensation you might be able to receive as part of settlement or a jury verdict. A lawyer with experience can also determine if there other parties that could be liable, like the manufacturer or the part of the boat that was defective.

Liability

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

Boating accidents often involve multiple parties who could have legal responsibility for a crash, including the boat's operator, passengers who were onboard at the time of the incident as well as other watercraft and boats involved in the collision, as well as the manufacturers of the boats and their components or engines and even the government agencies that are responsible for putting up buoys to warn people of danger conditions. A personal injury lawyer is aware of the details of state law as well as federal maritime laws to determine who might be held accountable in the event of a collision.

Under the Jones Act a worker on an vessel that is injured at sea has similar rights to those of workers compensation beneficiaries. Similar, sailors injured in international waters or the outer continental shelf waters have the right to claim compensation under the Jones Act as well as other maritime regulations of the federal government. Families of injured maritime workers as well as families of deceased sailors also have claims under state workers compensation laws.

Gathering Evidence

Evidence gathered in the initial stages of the legal process will aid in determining the strength and effectiveness of your case. Photographing the accident scene can help determine liability and determine the circumstances of the boating accident. It is also essential to collect information from eyewitnesses since they can provide evidence that supports your claims.

Medical records are essential for in determining the severity of your injuries, as well as the damage that resulted from it. They should contain detailed accounts of doctor and hospital visitations, surgeries, rehabilitation treatments and the associated costs them. You should document the changes in your income and job capacity, as well for any other financial loss.

Spinal cord and brain injuries are a common occurrence in boat accident attorney accidents. These injuries can result from carbon monoxide poisoning, oxygen deprivation or blunt force trauma when your head strikes the propeller of the boat. These injuries can cause life-changing impact.

Other types of marine injuries involve mechanical issues, for example engine failure or electrical failure such as steering issues, engine failure, and gear shift issues. Our NYC boating accident attorneys will analyze these cases to determine whether the manufacturer is accountable for the injuries sustained by accident victims.

Making a Claim

It is important to seek medical attention right away following an accident with a boat. However, it is recommended to consult a lawyer prior to submitting a statement to the insurance adjuster or to any other party. Your lawyer can protect your rights and ensure you get the money you deserve for damages.

The legal process for seeking compensation following a boat accident is to file an insurance claim or a lawsuit against the person or parties who are responsible. This usually includes presenting evidence to justify a claim of economic and non-economic damages. Economic damages include the costs of medical treatment as well as other costs associated with the accident, such as lost earnings from work missed. Non-economic damages include pain and suffering and other intangible losses which are harder to quantify.

In certain cases the boat accident lawyers manufacturer or a part of the boat can be held accountable for an accident if their product was created or manufactured in a manner that was not safe. A skilled New York boating injury lawyer can determine whether a product liability is involved and seek compensation from the responsible parties.

In certain situations, the boat operator may not be held liable for an accident. The owner of a vessel is liable too, particularly when they are responsible for hiring or training the person who is operating their vessel, or allow someone who isn't fit to operate the boat on their property.