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Boat Accident Litigation

Boating can be an enjoyable and thrilling recreational activity that is also risky. If negligence causes an accident the victim and their families may be entitled to compensation for the loss and injuries.

A NYC boat accident lawyer will assist victims of injuries to claim the amount of damages they deserve. A claim is an obligation to pay for medical expenses as well as other economic damages.

Damages

While many people think of bodies of water with the Wild West in the United States, there are laws that govern the boats on lakes and rivers as well as oceans. Boat accidents may be governed by a variety of federal and state laws that are weighed in determining if negligence occurred. If a boater is drunk, they may be sued for negligence. Federal laws also deal with death and pollution at sea. There are also maritime regulations, such as the Jones Act, that provide injured workers and their families with a similar compensation to other industries.

If a loved-one was killed in a tragic boat accident, the family could sue for damages including loss of companionship and funeral costs. They can also sue for pain and suffering. Families can recover money to cover past medical costs and any future treatment.

A New York City boat accident lawyer can assist you to determine if you or your loved ones were injured in a boating accident. A personal injury lawyer will review your insurance coverage as well as the responsible party's boat liability policies to determine what type of compensation you might be entitled to receive in a settlement or verdict. Additionally, a skilled lawyer can determine if there are any other parties who could be responsible for the incident, such as the manufacturer of a defective boat or boat part.

Liability

In general, injured boaters seek compensation to cover medical costs (past and future) and lost income due to the absence of work emotional trauma and suffering and pain. Injuries that are serious include neck and back injuries as well as brain traumas, fractured bones, and internal organ damage.

Boating accidents may involve many parties who could be held accountable for the collision. This includes the operator of the boat, any passengers aboard at the time of the accident, other boats or watercraft involved, manufacturers of boats and their components, engines, and government agencies that place buoys to warn the public of dangerous conditions. A personal injury lawyer will be aware of the ins and outs of both state law and federal maritime laws to determine who may be liable in a collision.

Under the Jones Act a worker on a vessel who is injured on the sea has similar rights to those of workers compensation beneficiaries. Similarly, sailors who are injured in international waters or in the outer continental shelf waters have the right to submit a claim under Jones Act and other federal maritime regulations. The state workers' compensation laws also apply to maritime workers who are injured as well as the families of sailors who have died.

Gathering Evidence

Evidence gathered during the early stages of the legal process will help determine the strength and validity of your case. For example, taking photographs of the scene of the accident can help determine the liability as well as establishing the circumstances of the boating accident. Eyewitnesses can also provide valuable information that will back your claim.

Medical records are critical for establishing the extent of your injuries and the injuries that result from them. The records should include thorough details of hospital and doctor visitations and surgeries, rehabilitation treatments, and costs associated with them. You'll need to document any changes in your income or capacity to work, as well in any other losses that are not financial.

Injuries to the spinal cord and brain are a common occurrence in boat accidents. Injuries in this category may be caused by oxygen deprivation carbon monoxide poisoning or blunt force trauma that results from hitting the head on areas like the propeller or side of the boat accident law firm. These injuries can cause life-altering impact.

Other types of marine injuries are caused by mechanical problems, such as electrical or engine failure in steering, abrasions, and problems with gear shifts. In these instances, our NYC lawyer for boating accidents will determine if the manufacturer should be held responsible for injuries sustained by victims of accidents.

The process of filing a claim

It is important to seek medical attention right away following an accident with a boat. However, you should consult with a lawyer before submitting an admission to the insurance adjuster or any other party. Your lawyer will protect your rights and ensure you get the money you deserve for any damages.

The legal process for seeking compensation after a boat accident is to file an insurance claim or lawsuit against the party or parties that are liable. This typically involves providing evidence to support a claim for financial and noneconomic damages. Economic damages refer to the cost of medical treatment and other expenses related to the accident, like the loss of income resulting from missing work. Non-economic damages include pain and suffering, as well as other losses that are difficult to quantify.

In some instances the maker of a vessel or one of its components could be held accountable for an accident if their product was defectively constructed or designed. A knowledgeable New York boating injury lawyer will determine if product responsibility is involved and seek compensation from the parties responsible.

In some cases, the boat operator may not be held responsible for the outcome of a collision. Owners of vessels can be held accountable, especially in the event that the owner is responsible for the hiring and training of the person who operates their vessel, or if a person unfit to operate a boat is allowed on their property.