Boat Accident Litigation

Boating is a fun and exciting activity to enjoy, but it is also risky. If negligence causes an accident, the victims and their families could be entitled to compensation for injuries and loss.

A NYC boat accident lawyer will assist victims of injuries to claim the amount of damages they deserve. A claim can include past medical expenses and other economic damages.

Damages

While many people imagine bodies of water as if they were the Wild West, there are laws that govern boats on rivers, lakes and oceans in the United States. Boat accidents may be governed by a variety of federal and state laws which are weighed in determining whether negligence occurred. For example, if a boat operator was drunk, this could open them up to civil lawsuits for negligence. There are also federal laws that deal with the issue of pollution and deaths at sea. Additionally, there are special maritime regulations, such as the Jones Act that give injured workers or their families access to compensation similar to workers' compensation in other industries.

If a loved one was killed in a boat accident, the family can sue them on behalf of damages including the loss of companionship, funeral costs as well as pain and suffering. Families can recover money to cover medical bills from the past and future medical treatment.

A New York City boat accident lawyer can assist you in determining whether you or your loved one was injured in a boat accident. An attorney for personal injuries can review your insurance coverage and the responsible party's policies on boat liability to determine the amount of damages you could be entitled to receive in a settlement or boat accident lawyer a verdict. Additionally, a knowledgeable lawyer can determine if there are any additional parties who could be responsible for the incident, such as the manufacturer of the defective boat or component.

Liability

In general, boaters who are injured seek damages to recover medical costs (past and future), lost income from absence from work emotional trauma and pain and suffering. Most serious injuries involve back and neck injury or brain trauma, broken bones, paralysis and internal organ damage.

Boating accidents usually involve multiple parties who could have legal responsibility for a collision, such as the boat's operator, any passengers who were onboard at the time of the incident or other watercraft and boats involved in the collision, the makers of the boats as well as their engines or parts, and even authorities responsible for putting buoys that warn of the dangers of conditions. A personal injury lawyer is aware of the ins and outs of both state law and boat accident lawyer federal maritime laws to determine who can be liable for a crash.

Under the Jones Act, a worker on a boat who suffers an injury at sea has rights to a compensation equal to that of workers' compensation beneficiaries. Similarly, sailors who are injured in international waters or in the outer continental shelf waters have the right to claim compensation under the Jones Act and other federal maritime regulations. Families of injured maritime workers as well as families of deceased sailors also have rights under state workers' compensation laws.

Gathering Evidence

Evidence collected during the early stages of the legal process will aid in determining the strength and legitimacy of your case. Photographing the accident scene can help determine the extent of liability and determine how the boating collision happened. Eyewitnesses also can provide important information to support your claim.

Medical records are crucial for understanding the severity of your injuries and associated damages. The records should contain thorough reports of hospital and doctor visits, surgeries, rehabilitation treatments, as well as the costs associated with these. You will also need to note any changes to your income or employment and other non-financial losses.

Injuries to the spinal cord and brain are common in boating accidents. Injuries in this category may result from oxygen deprivation carbon monoxide poisoning, or blunt force trauma from hitting the head on areas like the propeller or side of the boat. Often, these injuries are life-changing.

Other kinds of marine injuries are caused by mechanical failures, such as electrical or engine failure in steering, abrasions, and problems with gear shifts. Our NYC lawyer for boating accidents will examine these cases to determine whether the manufacturer is held accountable for the injuries sustained 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, you should not offer an account to an insurance adjuster, or another party without consulting with a lawyer. A lawyer can safeguard your rights, and ensure that you receive the proper compensation for the damages.

The legal process for seeking compensation in the event of a boating accident involves filing an insurance claim or lawsuit against the party or parties that are accountable. It is commonplace to present evidence to support the claim, which includes both economic and non-economic damages. Economic damages may include medical costs and other expenses caused by the accident, as well as loss of income due to missing work. Noneconomic damages include pain, suffering as well as other intangible losses which are harder to quantify.

In some instances a boat manufacturer or a part of the boat could be held liable for causing an accident if their product was manufactured or designed in a flawed manner. A New York boating accident lawyer can investigate the possibility of product liability and seek compensation from the responsible parties.

In certain situations the boat owner may not be held accountable for the outcome of a collision. The owner of the vessel can be held liable 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.