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Boat Accident Litigation

Boating can be an enjoyable and exciting recreational activity that can be risky. If negligence leads to an accident the victim and their families could be entitled to compensation for the loss and injuries.

A NYC boat accident attorney can help injured victims get the amount they deserved. A claim is a demand for past medical expenses as well as other economic damages.

Damages

While many people think of bodies of water similar to the Wild West, there are laws that govern boats on rivers, lakes and oceans in the United States. Boat accidents can be governed by multiple federal and state laws that are weighed in determining if negligence took place. For instance, if the boat operator was drunk, this could lead to civil litigation for negligence. Federal laws also deal with pollution and deaths on the sea. There are 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 fatal boat crash, the family could sue for damages including lost companionship and funeral costs. They may also sue for pain and suffering. Families can get money to cover past medical costs and future medical treatment.

If a boat accident caused injuries to you or your loved ones, a New York City boat accident attorney can assist you in determining the type of damages you may be entitled to claim. An attorney for personal injuries can review your insurance coverage as well as the responsible party's policies on boat liability to determine what compensation you are entitled to in a settlement or verdict. A lawyer with experience can also assess if there are other parties that could be liable, such as the manufacturer or part of the boat that was defective.

Liability

In general, injured boaters seek damages to recover medical expenses (past and future) as well as lost income resulting from working absences emotional trauma and suffering and pain. Serious injuries include back and neck injuries, brain traumas, broken bones and internal organ damage.

Boating accidents can involve many individuals who could be accountable for the accident. These include the operator of the boat, passengers who were aboard at the time of the accident, other boats or watercraft involved, the manufacturers of boats as well as their parts, engines and government agencies that put up buoys to warn people about dangers. A personal injury attorney is familiar with both state and federal maritime laws to determine who is accountable in an accident.

Under the Jones Act a worker on a vessel injured at sea has the same rights to those of workers compensation beneficiaries. Similar to that, sailors who suffer injuries in international waters or outer continental shelf waters have the right to claim compensation under the Jones Act as well as other federal maritime regulations. Injured maritime workers and families of deceased sailors also have claims under state worker law on compensation.

Gathering Evidence

The evidence collected during the initial stages of the legal process could help determine the strength of your case. For instance, taking photographs of the scene of the accident can help determine the the extent of liability and how the boating collision happened. It is also crucial to get evidence from eyewitnesses, since they can provide evidence that supports your assertions.

Medical records are essential for in determining the extent of your injuries as well as the related damages. These records should include precise accounts of doctor and hospital visits, surgeries, rehabilitation treatments, and costs associated with them. You'll need to document any changes to your income and capacity to work, as well in any other losses that are not financial.

Injuries to the spinal cord and brain are common 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. These injuries could have a life-altering impact.

Other kinds of marine injuries are caused by mechanical problems, such as electrical or engine malfunctions such as steering issues, engine failure, and gear shift issues. In these instances, our NYC boating accident lawyers will determine if a manufacturer should be held responsible for injuries suffered by accident victims.

Filing a Claim

While it is vital to seek medical attention for injuries as soon as you can following a boating incident and you should not make a statement to an insurance adjuster or other party without first consulting with a lawyer. A lawyer can safeguard your rights and ensure that you get the right amount of compensation for any damages.

The legal process for seeking compensation after a boat accident involves filing an insurance claim or a lawsuit against the person or parties who are responsible. It is commonplace to present evidence in support of claims for both economic and noneconomic damage. Economic damages include medical expenses and other expenses that result from the accident, which includes the loss of income resulting from missing work. Non-economic damages can include pain, suffering, and other forms of losses that are difficult to quantify.

In some cases the manufacturer of a vessel or one of its parts could be held responsible for an accident in the event that their product was defectively made or designed. A New York boating accident lawyer can investigate the possibility of product liability and seek compensation from the responsible parties.

In certain instances there are instances where it is not only the operator of a boat who could be held responsible for the event of a crash. The owner of the vessel could be held accountable as well, especially when they are responsible for hiring or training the person operating their craft or if they permit a person who isn't fit to operate the vessel on their premises.