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Boat Accident Litigation

Boating can be a thrilling and enjoyable leisure activity, but it is also dangerous. If negligence causes an accident the victim and their families could be entitled to compensation for the loss and injuries.

A NYC boat accident lawyer can help injured victims demand the amount of damages they deserve. A claim can be an obligation to pay for medical expenses as well as other economic damages.

Damages

While many people think of bodies of water similar to the Wild West, attorneys there are laws that govern the boats on rivers, lakes and oceans throughout the United States. Boat accidents can be governed by various federal and state laws which are considered when determining negligence. For instance, if the boat operator was drunk, this could be a cause for civil lawsuits based on negligence. Federal laws also deal with pollution and deaths at sea. There are also maritime regulations, such as the Jones Act, that provide injured workers and their families with a similar compensation pathway to other industries.

If a loved one has been killed in a boat accident, the family members may sue for damages, including funeral expenses, lost companionship and pain and suffering. Families may also seek compensation for past medical bills as well as future medical expenses.

If a boat accident resulted in injuries to you or your loved ones, a New York City boat accident lawyer can help you determine what damages you could be entitled to claim. A personal injury lawyer can review your insurance policy and the boat liability policies of the responsible party to determine the compensation you may be eligible to receive as part of an agreement or jury verdict. A knowledgeable lawyer can determine if there are any other parties who could be responsible for the accident such as the manufacturer of a defective boat or boat part.

Liability

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

Boating accidents can involve many individuals who could be accountable for the collision. This includes the operator of the boat, any passengers aboard at the time of the accident as well as other watercraft or boats involved, the manufacturers of boats and their parts, motors, and government agencies that set up buoys to alert people of dangerous conditions. A personal injury lawyer is aware of the details of state law as well as federal maritime laws to determine who might be liable in a collision.

Under the Jones Act, a worker on a vessel who suffers an injury at sea has rights to a compensation equal to that of workers' compensation recipients. Similar, sailors injured in international waters, or outer continental shelf waters are entitled to file claims under the Jones Act as well as other maritime regulations of the federal government. The state workers' compensation laws also apply to injured maritime workers and the families of sailors who have died.

Gathering Evidence

Evidence gathered in the initial stages of the legal process will help determine the strength and viability of your case. Photographing the accident scene can help determine liability and help determine what caused the boating collision. Eyewitnesses can also give important information to aid in proving your claim.

Medical records are essential to determining the extent of your injuries and the damage that resulted from it. They should contain detailed details of doctor and hospital visits, surgeries, rehabilitative treatments, and the expenses associated with these. You'll need to document changes in your income and capacity to work, as well with any other non-financial losses.

Boat accidents are frequently related to brain and spinal cord injuries. These types of injuries could be caused by oxygen deprivation carbon monoxide poisoning, or blunt force trauma caused by hitting the head against areas like the propeller, or on the side of the boat. Often, these injuries are life-changing.

Other types of marine injuries include mechanical problems, such as engine failure or electrical failure, steering problems, and problems with gear shifts. Our NYC boating accident attorneys will examine these cases to determine if the manufacturer should be accountable for the injuries suffered by accident victims.

The process of filing a claim

It is important to seek medical attention immediately after an accident with a boat. However, you should consult with a lawyer prior to giving an account to the insurance adjuster or another party. Your lawyer can protect your rights and ensure you receive the compensation that you deserve for damages.

In order to obtain compensation for a boating incident you must file an insurance claim or an action against the party(ies) responsible. This usually involves providing evidence to back a claim for economic and noneconomic damages. Economic damages may include medical costs and other expenses caused by the accident, including lost income due to missed work. Noneconomic damages include pain and suffering as well as other intangible losses which are harder to quantify.

In certain cases, the manufacturer of a boat or one of its parts can be held liable for an accident when their product was not properly created or attorneys manufactured. A knowledgeable New York boating injury lawyer will determine if product liability is at stake and seek compensation from the responsible parties.

In some cases it's not just the operator of a vessel that could be held accountable for a crash. Owners of vessels can also be held accountable, in particular when they are responsible for the hiring and training of the person who operates their vessel or when a person not qualified to operate a craft is allowed to use their property.