Boat Accident Litigation

Boating can be an exciting and enjoyable leisure activity, however, it can be a danger. If a negligent decision leads to an accident, the victim and their families may be entitled to monetary compensation for the injuries and losses.

A NYC boat accident lawyer can help injured victims claim the maximum amount of compensation they are entitled to. A claim may include past medical expenses, along with other economic damages.

Damages

Although many people think of bodies of water with the Wild West in the United States, there are laws that govern the vessels on rivers and lakes as well as oceans. Boat accidents can involve multiple federal and state laws that are weighed in determining if negligence took place. If a boat driver is drunk, they may be liable for negligence. There are also federal laws that address death and pollution at sea. Additionally, there are special maritime laws, like the Jones Act that give injured workers or their families a pathway to compensation that is similar to workers compensated in other industries.

If a loved one was killed in a boating accident, family members can bring a lawsuit on their behalf to recover damages that include lost companionship, funeral expenses and pain and suffering. Families can seek compensation to pay for medical expenses from the past as well as future treatment.

If a boat accident has caused injuries to you or your loved ones If you or your loved ones were injured, a New York City boat accident attorney can help you determine the type of damages you might be entitled to claim. A personal injury lawyer will review your insurance coverage as well as the responsible party's policies on boat liability to determine what type of compensation you might be entitled to receive in a settlement or a verdict. In addition, an experienced lawyer can determine if there are any additional parties that may be liable for the accident such as the manufacturer of a defective boat or boat part.

Liability

In general, boaters who are injured seek damages to recover medical expenses (past and future) and lost income due to absence from work emotional trauma, and suffering and pain. Serious injuries include back and neck injuries, brain traumas, broken bones, and internal organ damage.

Boating accidents often involve multiple parties who could have legal liability for a accident, including the vessel's operator, any passengers who were onboard at the time of the accident along with other watercraft and vessels involved in the collision, the manufacturers of the boats as well as their components or engines and even government agencies responsible for putting buoys to warn of hazardous conditions. A personal injury attorney will be familiar with both state and federal maritime laws in order to determine who is accountable in an accident.

Under the Jones Act, a worker on a boat who suffers an injury on the sea is entitled to a compensation equal to that of workers' compensation recipients. Similar to sailors who suffer injuries in international waters or outer continental shelf waters can submit claims 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 claims under state worker' compensation laws.

Gathering Evidence

Evidence gathered in the initial stages of the legal process will help determine the strength and effectiveness of your case. For instance, taking photos of the scene of the accident can help determine the who is responsible and the circumstances of the boating accident. Eyewitnesses can also give important information to help you prove your claim.

Medical records are essential to finding out the extent of your injuries and damage they cause. These records should include detailed reports of hospital and doctor visits, surgeries, rehabilitation treatments, and the expenses associated with these. You will need to document the changes in your income and job capacity, Accident as well as any other non-financial loss.

Brain and spinal cord injuries are common in boat accidents. These injuries can be caused by oxygen deprivation carbon monoxide poisoning, or blunt force trauma caused by hitting the head on places like the propeller, or on the side of the boat. Often, these injuries are life-changing.

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

How to File a Claim

It is crucial to seek medical attention for injuries immediately following a boat accident but you should not provide an account to an insurance adjuster or other party without consulting a lawyer. A lawyer can defend your rights and ensure that you get the money you deserve for damages.

The legal process to seek compensation in the event of a boating accident is to file an insurance claim or lawsuit against the person or parties who are accountable. It is standard to provide evidence in support of claims for both non-economic and economic damages. Economic damages include the costs of medical treatment as well as other expenses associated with the accident, including lost earnings due to missed work. Noneconomic damages are those that result from pain and suffering and other intangible losses that may be harder to quantify.

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

In some cases there are instances where it is not only the boat's operator who could be held responsible for an accident. The owners of boats can also be held responsible, especially when they are responsible for the hiring and training of the person who operates their vessel or in the event that a person who isn't fit to operate a vessel is allowed to use their property.