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Boat Accident Litigation

Boating is an enjoyable and exciting activity to enjoy, but it can be dangerous. If negligence causes an accident, the victims and their families could be entitled to compensation for the loss and injuries.

A NYC lawyer for boat accidents can assist injured victims to receive the full amount they deserve. A claim can include past medical expenses as well as other economic damages.

Damages

While many people imagine bodies of water similar to the Wild West, there are laws that govern boats on rivers, lakes and oceans throughout the United States. Boat accidents can involve multiple federal and state laws that are weighed to determine if negligence was the cause. For example, if a boat operator was drunk, it could make them vulnerable to civil lawsuits for negligence. Federal laws also deal with pollution and deaths on the 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 was killed in a boating accident that killed them family members could sue for damages including lost companionship and funeral costs. They can also sue for pain and suffering. Families can also recover money for past medical bills and future treatment costs.

A New York City boat accident lawyer can assist you to determine if you or your loved ones were injured in a boating accident. An attorney for personal injuries can look over your insurance policy and the responsible party’s boat liability policies to determine the type of compensation you might be entitled to receive in a settlement or a verdict. In addition, an experienced lawyer can assess whether there are any other individuals who are liable for the accident such as the manufacturer of a defective virginia boat accident lawsuit or boat component.

Liability

Generally, injured boaters pursue damages to recover medical expenses (past and expected), lost income due to absences from work or pain and suffering emotional trauma, and damage to their boats. The most serious injuries are neck and back injuries brain traumas, broken bones and internal organ damage.

Boating accidents can involve many parties who could be held liable for the crash. This includes the boat operator, passengers on board at the time of the incident as well as other watercraft or boats involved, the makers of boats and their parts, motors, and government agencies that put up buoys to warn people of dangers. A personal injury lawyer is aware of the rules and regulations of state law as well as federal maritime laws to determine who might be held accountable in the event of a collision.

Under the Jones Act a worker on a vessel who is injured at sea has similar rights to those of workers compensation beneficiaries. Similar, sailors injured in international waters or outer continental shelf waters are able to submit claims under the Jones Act as well as other federal maritime regulations. Injured maritime workers and family members of sailors who have passed away have claims under state worker compensation laws.

Gathering Evidence

Evidence collected during the early stages of the legal process will help determine the strength and validity of your case. Photographing the accident scene can help establish liability and help determine what caused the boating collision. Eyewitnesses can also provide valuable evidence to back your claim.

Medical records are essential for understanding the severity of your injuries and the damages that resulted. They should contain detailed reports of doctor and hospital visits, surgeries, rehabilitation treatments, and the costs associated with these. You should also document any changes in your income and employment as well as other non-financial losses.

Spinal cord and brain injuries are common in boating accidents. These injuries may be caused by carbon monoxide poisoning, oxygen deprivation, or blunt force trauma if the head hits the propeller of the boat. In most cases, these injuries can be life-changing.

Other kinds of marine injuries include mechanical issues, for example engine failure or electrical failure in steering, abrasions, and problems with gear shifts. Our NYC boating accident lawyers will analyze these cases to determine whether the manufacturer should be held accountable for the injuries sustained by accident victims.

How to File a Claim

You should seek medical attention as soon as you notice an incident on the boat. However, you should consult with a lawyer prior to giving an account to the insurance adjuster or to any other party. A lawyer can safeguard your rights, including ensuring that you receive adequate compensation for the damage.

The legal process for seeking compensation after a boat accident involves filing an insurance claim or a lawsuit against the party or parties that are responsible. This typically includes providing evidence to support a claim for economic as well as non-economic damages. Economic damages are the cost of medical treatment and other costs associated with the accident, like the loss of income resulting from missing work. Non-economic damages include pain and suffering, as well as other losses which are harder to quantify.

In some cases the boat manufacturer or a part of the boat could be held accountable for causing an accident if their product was constructed or designed in a defective manner. A skilled New York boating injury lawyer can investigate whether product liability is involved and pursue compensation from the responsible parties.

In some cases it’s not only the boat’s operator who is liable for the event of a crash. Owners of vessels can be held accountable, especially if the owner is responsible for the hiring and training of the person who operates their vessel, or when a person not qualified to operate a boat is allowed to use their property.