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Boat Accident Litigation

Boating can be an exciting and enjoyable leisure activity, but it's also a risky one. If a negligent act leads to an accident, the victim and their families may be entitled to financial compensation for injuries and losses.

A NYC lawyer for boat accidents can assist injured victims in obtaining the amount of damages they deserve. A claim will include the need for past medical expenses as well as other financial damages.

Damages

Although many people imagine waters like the Wild West, there are laws that govern the vessels on lakes, rivers, and oceans in the United States. Boat accidents can involve multiple federal and state laws that are considered in determining if negligence took place. If a boater is drunk, they could be sued for boat accidents negligence. Federal laws also deal with pollution and deaths at sea. There are maritime regulations, such as the Jones Act, that provide injured workers and their families with a similar compensation options to other industries.

If a loved one was killed in a tragic boat accident family members can sue for damages, including lost companionship and funeral expenses. They may also sue for pain and suffering. Families can seek compensation to pay for medical expenses from the past and any future treatment.

A New York City boat accident lawyer can help you determine whether you or your loved ones were injured in an accident on the boat. A personal injury lawyer can review your insurance coverage and the responsible party's boat accident lawsuit liability policy to determine the type of compensation you might be entitled to in a settlement or verdict. A lawyer with experience can also assess if there other parties that could be liable, such as the manufacturer or the part of the boat that was faulty.

Liability

Generally, injured boaters pursue damages to cover medical expenses (past and anticipated) as well as lost income due to the time they miss from work in pain and suffering, emotional trauma, and damages to their boats. Serious injuries commonly involve neck and back injuries and brain trauma, fractured bones, paralysis or internal organ damage.

Boating accidents often involve multiple parties who could have legal responsibility for the collision, including the boat's operator, passengers who were onboard at the time of the accident as well as other watercraft and boats involved in the collision, the makers of the boats and their components or engines as well as the government agencies that are responsible for putting up buoys to warn of hazardous conditions. A personal injury lawyer is familiar with federal and state maritime laws in order to determine who is responsible in an accident.

Under the Jones Act, a worker on a boat who is injured at sea has rights to a compensation equal to that of workers' compensation beneficiaries. Also, sailors who are injured in international waters or in the outer continental shelf waters are entitled to claim compensation under the Jones Act and other federal maritime regulations. The families of injured maritime workers and the relatives of sailors who died have claims under state worker compensation laws.

Gathering Evidence

The evidence you gather in the beginning stages of the legal process can aid in determining the strength of your case. Photographing the scene of the accident can help determine the extent of liability and boat accidents determine how the boating collision happened. It is also crucial to get evidence from eyewitnesses, since they can provide valuable testimony that can support your assertions.

Medical records are crucial for finding out the extent of your injuries, as well as the damages that resulted. The records should contain thorough details of doctor and hospital visits, surgeries, rehabilitation treatments, and the cost associated with these. You'll need to record the changes in your income and employment capacity, as well with any other non-financial losses.

Brain and spinal cord injuries are common in boat accidents. These injuries can result from carbon monoxide poisoning, oxygen deprivation, or blunt force trauma, when the head hits the propeller of the boat. Often, these injuries are life-changing.

Other forms of marine injuries are caused by mechanical issues like electrical or engine failure or steering system malfunctions and gear shift issues. Our NYC lawyers for boating accidents will investigate these cases to determine whether the manufacturer should be held responsible for the injuries sustained by accident victims.

The process of filing a claim

It is important to seek medical attention as soon as you notice an accident on the water. However, you should consult with a lawyer prior to giving a statement to the insurance adjuster or another party. Your lawyer will protect your rights and ensure that you get the compensation you deserve for any damages.

The legal procedure to seek compensation after a boat accident is to file an insurance claim or lawsuit against the person or parties who are responsible. This usually involves providing evidence to support a claim for economic as well as non-economic damages. Economic damages are the cost of medical treatment and other expenses arising from the accident, such as lost income from missed work. Non-economic damages include pain and suffering and other intangible losses that are more difficult to quantify.

In some instances, a boat manufacturer or parts of the vessel can be held responsible for an accident when their product was manufactured or designed in a manner that was not safe. A skilled New York boating injury lawyer can determine whether a product liability is involved and pursue compensation from the responsible parties.

In some cases the boat owner may not be held liable for a collision. The owner of a vessel can be held liable also, particularly when they are responsible for hiring or training the person who is operating their vessel, or allow someone who is unfit to operate the boat on their property.