Boat Accident Litigation

Boating is a fun and exciting activity to enjoy, but it is also risky. If a negligent action leads to an accident, boat accidents victims and their families could be entitled to financial compensation for losses and injuries.

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 economic damages.

Damages

While many people think of bodies of water like the Wild West, there are laws that govern the vessels that travel on rivers, lakes and oceans in the United States. Boat accidents can be governed by multiple federal and state laws that are taken into consideration in determining whether negligence occurred. If a boat driver is drunk, they could be liable for negligence. Federal laws also address pollution and deaths at the sea. Additionally, there are specific maritime laws, like the Jones Act that give injured workers or their families access to compensation that is comparable to workers compensated in other industries.

If a loved one has been killed in a boat accident, the family members may bring a lawsuit on their behalf to recover damages such as the loss of companionship, funeral costs as well as pain and loss. Families can recover money to cover medical costs from the past and future treatment.

A New York City boat accident lawyer can assist you in determining whether you or a loved one was injured during a boating accident. An attorney for personal injury can review your insurance policy and the policies on boat liability of the responsible party to determine what compensation you may be eligible to receive as part of the settlement or verdict of a jury. An experienced lawyer will also be able to determine if there are other parties who may be liable, like the manufacturer or the part of the boat that was defective.

Liability

Typically, injured boaters seek damages to cover medical expenses (past and anticipated), lost income due to absences from work in pain and suffering, emotional trauma, and damage to their boats. Serious injuries include neck and back injuries as well as brain traumas, fractured bones and internal organ damage.

Boating accidents can involve many people who could be held liable for the crash. This includes the boat operator, passengers aboard at the time of the incident as well as other watercraft or boats involved, the makers of boats and their components, engines and government agencies that put up buoys to warn people about dangerous conditions. An attorney for personal injury is well-versed in both state and federal maritime laws in order to determine who is at fault for an accident.

Under the Jones Act, a worker on a vessel who suffers an injury at sea has rights to compensation similar to those of workers' compensation recipients. Similar, sailors who suffer injuries in international waters or the outer continental shelf waters have the right to claim compensation under the Jones Act as well as other maritime regulations of the federal government. Families of injured maritime workers as well as families of sailors who have died have rights under state workers insurance 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 accident scene will help determine the liability and reveal what caused the boating collision. It is also essential to collect information from eyewitnesses since they can provide evidence that can support your assertions.

Medical records are vital for understanding the severity of your injuries, and the damages that resulted. They should contain detailed account of hospital and doctor visitations as well as rehabilitation procedures, surgeries, and costs associated with them. You should document the changes in your income and job capacity, as well with any other non-financial losses.

Boat accidents are typically caused by brain and spinal cord injuries. These injuries can be caused by oxygen deficiency carbon monoxide poisoning, or blunt force trauma that results from hitting the head against areas such as the propeller or the side of the boat. These injuries can have a life-altering effect.

Other types of marine injuries involve mechanical issues, for example engine failure or electrical failure or steering issues, as well as gear shift issues. In these instances, our NYC lawyer for boating accidents will determine if a manufacturer can be held responsible for injuries sustained by victims of accidents.

How to File a Claim

It is crucial to seek medical attention immediately for injuries after a boating accident and you should not make a statement to an insurance adjuster or any other party without consulting a lawyer. A lawyer can help protect your rights and ensure that you get the compensation you need for your losses.

In order to claim compensation following a boating collision you must file an insurance claim, or an action against the party(ies) responsible. This usually includes presenting evidence to support a claim for economic as well as non-economic damages. Economic damages are those incurred as a result of medical treatment and other expenses arising from the accident, such as lost income from missed work. Noneconomic damages include pain, suffering and other intangible losses that are difficult to quantify.

In certain cases the manufacturer of a boat accident law firm or one of its components may be held accountable for an accident in the event that their product was defectively designed or manufactured. A New York boating accident lawyer could investigate the possibility product liability and seek compensation from the responsible parties.

In some instances, it is not just the operator of a boat who could be held responsible for the event of a crash. The owners of boats can also be held responsible, especially when they are responsible for hiring and training the person operating their vessel, or when a person who is not fit to operate a boat is allowed to use their property.