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Boat Accident Litigation

Boating can be an exciting and enjoyable recreational activity but it is also dangerous. If negligence leads to an accident, the victims and their families may be entitled to compensation for the loss and injuries.

A NYC lawyer for boat accidents can assist injured victims in obtaining the maximum amount of compensation they deserve. A claim will include the demand for past medical expenses and other economic damages.

Damages

While many people think of bodies of water similar to the Wild West, there are laws that govern vessels that travel on rivers, lakes and oceans throughout 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 the boat operator was drunk, it could make them vulnerable to civil lawsuits for negligence. Federal laws also deal with pollution and deaths at sea. There are also maritime regulations, like 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 boating accident, the family can bring a lawsuit on their behalf to recover damages such as loss of companionship, funeral expenses and pain and suffering. Families may also seek compensation for medical bills from the past and future treatment costs.

A New York City boat accident lawyer can assist you to determine if you or your loved one was injured during a boating accident. A personal injury lawyer can look over your insurance policy and the responsible party's boat liability policy to determine the type of damages you could be entitled to in a settlement or a verdict. Additionally, a knowledgeable lawyer can determine if there are any additional parties that may be liable for the accident, such as the manufacturer of the defective boat or part.

Liability

In general, boaters who are injured seek damages to recover medical expenses (past and future) as well as lost income resulting from time away from work emotional trauma, and pain and suffering. Serious injuries commonly involve neck and back injuries, brain trauma, broken bones, paralysis and organ damage.

Boating accidents typically involve multiple parties that could potentially bear legal responsibility for the collision, such as the boat's operator, any other passengers aboard at the time of the incident or other watercraft and boats involved in the collision, as well as the manufacturers of the boats as well as their engines or parts and even the government agencies that are responsible for putting up buoys to warn of hazardous conditions. An attorney who handles personal injury cases will be familiar with federal and state maritime laws to determine who is liable for an accident.

Under the Jones Act a worker on the vessel that is injured at sea has similar rights to those of workers compensation beneficiaries. In the same way, sailors injured on international waters or in outer continental shelf waters have the right to claim compensation under the Jones Act and other federal maritime regulations. Injured maritime workers and families of sailors who have died are entitled to compensation under state workers insurance laws.

Gathering Evidence

The evidence collected in the beginning stages of the legal process could aid in determining the strength of your case. For instance, taking photographs of the scene of the accident can help determine the liability as well as establishing the circumstances of the boating accident. It is also crucial to get details from eyewitnesses as they can offer valuable evidence which can back up your claims.

Medical records are vital for finding out the extent of your injuries, as well as the damage that resulted from it. These records should include detailed details of doctor and hospital visits, surgeries, rehabilitation treatments, and the costs associated with these. It is also necessary to keep track of any changes in your employment and income capacity along with other non-financial losses.

Spinal cord and brain injuries are common in boating accidents. Injuries in this category may result from oxygen deprivation carbon monoxide poisoning or blunt force trauma from hitting the head on areas like the propeller or side of the boat. The majority of the time, these injuries are life-changing.

Other types of marine injuries include mechanical failures that can result from electrical or engine problems in the steering system, as well as gear shift problems. Our NYC lawyer for boating accidents will examine these cases to determine whether the manufacturer can be held accountable for the injuries sustained by accident victims.

How to File a Claim

It is crucial to seek medical attention immediately for injuries following a boating accident but you should not provide a statement to an insurance adjuster or other party without consulting a lawyer. Your lawyer will protect your rights and ensure that you get the compensation you deserve for damages.

The legal process to seek compensation after a boat accident is to file an insurance claim or lawsuit against the person or parties who are accountable. It is typical to present evidence in support of the claim, which includes both non-economic and economic damages. Economic damages can include medical expenses and other expenses that are incurred due to the accident, which includes lost earnings due to missed work. Non-economic damages include pain and suffering and other intangible losses that are difficult to quantify.

In some cases, the manufacturer of a boat or one of its parts could be held responsible for an accident in the event that their product was defectively designed or manufactured. A skilled New York boating injury lawyer can determine whether a product liability is at stake and seek compensation from the parties responsible.

In some cases, it is not just the person who operates a boat who could be held responsible for a crash. The owner of a vessel may be held responsible as well, especially when they are accountable for hiring or training the person operating their vessel, or permit someone who isn't fit to operate the vessel on their premises.