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Boat Accident Litigation

Boating can be an exciting and fun recreational activity, however, it can be a danger. If negligence leads to an accident, the victims and their families may be entitled to compensation for injuries and loss.

A NYC boat accident attorney can help injured victims get the amount they deserved. A claim will include an obligation to pay for medical expenses as well as other financial damages.

Damages

Although many people imagine bodies of water similar to 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 federal and state laws that are considered when determining the degree of negligence. For instance, if a boat operator was drunk, it could be a cause for civil lawsuits for negligence. There are also federal laws that address pollution and deaths at sea. Additionally, there are special maritime regulations such as the Jones Act that give injured workers or their families a pathway to compensation that is similar to workers' compensation in other industries.

If a loved one was killed in a boating accident, the family can sue on their behalf for damages that include the loss of companionship, funeral costs, and pain and suffering. Families can get money to cover medical bills from the past and future medical treatment.

A New York City boat accident lawyer can help you determine whether you or a loved ones were injured in an accident on the boat. A personal injury lawyer can look over your insurance policy and the policies regarding liability for boats of the responsible party to determine the compensation you are eligible to receive as part of an agreement or jury verdict. A lawyer with experience can also assess if there other parties that could be accountable, such as the manufacturer or the part of the boat that was faulty.

Liability

In general, injured boaters seek damages to recover medical costs (past and future) as well as lost income resulting from the absence of work, emotional trauma and suffering and pain. The most serious injuries are back and neck injury, brain trauma, broken bones, paralysis and internal organ damage.

Boating accidents may involve many people who could be held liable for the crash. This includes the boat's operator, passengers on board at the time of the collision as well as the other watercraft or boats involved, the makers of boats as well as their parts, engines, and government agencies that put up buoys to alert people of dangers. A personal injury lawyer will be familiar with federal and state maritime laws in order to determine who is accountable in the event of an accident.

Under the Jones Act a worker on the vessel that is injured at sea enjoys the same rights as workers compensation beneficiaries. Similar, sailors injured in international waters or outer continental shelf waters can claim compensation under the Jones Act as well as other federal maritime regulations. State workers' compensation laws also apply to maritime workers who have been injured and families of sailors who have died.

Gathering Evidence

The evidence gathered during the initial stages of the legal process could aid in determining the strength of your case. Photographing the scene of the accident will help determine the liability and establish how the boating collision happened. It is also essential to collect evidence from eyewitnesses, since they can offer valuable evidence that supports your assertions.

Medical records are vital for in determining the severity of your injuries and the damage that resulted from it. The records should include thorough accounts of doctor and hospital visitations and surgeries, rehabilitation treatments as well as the expenses associated with them. You'll need to record the changes in your income and employment capacity, as well for any other financial loss.

Brain and spinal cord injuries are a common occurrence in boat accidents. These injuries can result from carbon monoxide poisoning, oxygen deprivation, or blunt force trauma when your head strikes the propeller of the boat. The majority of the time, these injuries are life-changing.

Other kinds of marine injuries are caused by mechanical issues, for example electrical or engine failure, steering problems, and gear shift issues. Our NYC boating accident lawyers will examine these cases to determine whether the manufacturer is held responsible for the injuries sustained by accident victims.

Filing a Claim

You should seek medical attention immediately after a boating accident. However, you should consult with a lawyer before submitting an admission to the insurance adjuster or any other person. Your attorney can protect your rights, and ensure that you receive adequate compensation for damages.

In order to seek compensation for a boating incident you must make an insurance claim or a lawsuit against the party(ies) responsible. This usually includes the presentation of evidence to justify a claim of economic and noneconomic damages. Economic damages are those incurred as a result of medical treatment as well as other expenses associated with the accident, for example the loss of income resulting from missing work. Non-economic damages include pain and boat accident lawyer suffering and other intangible losses which are harder to quantify.

In some instances the manufacturer of a boat or one of its components can be held liable for an accident in the event of a product that was defectively created or boat accident lawyer manufactured. A New York boating accident lawyer could investigate the possibility product liability and seek compensation from the parties responsible.

In some instances, it is not just the person who operates a boat who could be held responsible for the event of a crash. Owners of vessels can be held accountable, particularly if the owner is responsible for hiring and training the person who operates their vessel or in the event that a person who isn't fit to operate a boat is allowed to use their property.