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Boat Accident Litigation

Boating can be an exciting and fun recreational activity, however, it can be a danger. If a negligent act causes to an accident, the victims and their families could be entitled to compensation for injuries and losses.

A NYC boat accident lawyer can help injured victims claim the full amount of damages they are entitled to. A claim could include past medical expenses as well as other economic damages.

Damages

While many people think of bodies of water with the Wild West in the United States, there are laws that govern the boats on rivers and lakes as well as oceans. Boat accidents may be governed by a variety of federal and state laws which are weighed to determine if negligence was the cause. For example, if a boat operator was drunk, this could lead to civil action for negligence. Federal laws also deal with pollution and deaths on the sea. In addition, there are specific maritime laws, like the Jones Act that give injured workers or their families access to compensation that is similar to workers' compensation in other industries.

If a loved one was killed in a boating accident, the family members may sue them on behalf of damages such as lost companionship, funeral expenses and pain and suffering. Families can even recover money for medical bills from the past and future treatment costs.

A New York City boat accident lawyer can help you determine if you or your loved ones were injured in an accident on the boat. A personal injury lawyer can review your insurance policy and the boat accident attorney liability policies of the responsible party to determine what amount of compensation you could be entitled to receive as part of a settlement or jury verdict. A lawyer with experience can also determine if there other parties that could be accountable, such as the manufacturer, or even a part of the boat that was defective.

Liability

Generally, injured boaters pursue damages to cover medical expenses (past and anticipated), lost income because of time lost from work or pain and suffering emotional trauma, and damages to their boats. Injuries that are serious typically involve neck and back injuries and brain trauma, fractured bones, paralysis and internal organ damage.

Boating accidents can involve many people who could be held accountable for the accident. This includes the boat's operator, passengers who were aboard at the time of the accident, other boats or watercraft involved, the makers of boats and their components, engines, and government agencies that place buoys to alert people of dangers. A personal injury lawyer is familiar with both state and federal maritime laws in order to determine who is liable for an accident.

Under the Jones Act, a worker on a vessel who suffers an injury at sea is entitled to compensation similar to those of workers' compensation beneficiaries. In the same way, sailors injured on international waters or in the outer continental shelf waters have the right to claim compensation under the Jones Act and other federal maritime regulations. Families and maritime workers who have been injured as well as the relatives of sailors who died have rights under state workers law on compensation.

Gathering Evidence

Evidence gathered during the early stages of the legal process can aid in determining the strength and validity of your case. Photographing the scene of the accident will help determine the liability and determine what caused the boating collision. Eyewitnesses may also provide valuable evidence to aid in proving your claim.

Medical records are essential for understanding the severity of your injuries and the injuries that result from them. They should contain detailed reports of doctor and hospital visits, surgeries, rehabilitation treatments, as well as the costs associated with these. You will also need to document any changes in your income and employment and any other losses that are not financial in nature.

Injuries to the spinal cord and brain are common in boat accidents. These types of injuries could be caused by oxygen deprivation carbon monoxide poisoning or blunt force trauma caused by hitting the head on areas like the propeller or sides of the boat. These injuries could have a life-altering effect.

Other forms of marine injury include mechanical failures, such as electrical or engine failure, steering system malfunction and gear shift issues. In these cases, our NYC boating accident lawyers will investigate to determine if a manufacturer can be held accountable for injuries suffered by victims of accidents.

Making a Claim

It is important to seek medical attention right away following an incident on the boat. However, you should consult a lawyer before giving an admission to the insurance adjuster or to any other party. A lawyer can defend your rights and ensure that you get the compensation you need for your losses.

To seek compensation following a boating accident, you will need to file an insurance claim, or a lawsuit against the party(ies) responsible. This typically involves presenting evidence to justify a claim of economic and non-economic damages. Economic damages include the costs of medical treatment as well as other expenses related to the accident, including lost income from missed work. Noneconomic damages include pain and suffering and other intangible losses that may be harder to quantify.

In certain instances a boat manufacturer or an element of the vessel can be held responsible for a mishap if their product was constructed or designed in a manner that was not safe. A New York boating accident lawyer will investigate the possibility of product liability and seek compensation from the responsible parties.

In certain instances it's not only the operator of a boat who could be held responsible for an accident. Owners of vessels can be held accountable, in particular when the owner is responsible for the hiring and training of the person operating their vessel, or in the event that a person who isn't fit to operate a vessel is allowed to use their property.